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HomeMy WebLinkAboutPacket - 01/18/2021 - City CouncilAGENDA REGULAR CITY COUNCIL MEETING Monday, January 18, 2021, 7:00 p.m. In light of the current COVID-19 public health emergency, this meeting will be held remotely only. The public can observe and participate by connecting online via Zoom at https://cityofincheM.zoom.us/j/95497337738 Or via phone at: +1 312 626 6799, Meeting ID: 954 9733 7738 1. Call to Order. 2. Roll Call. 3. Pledge of Allegiance. 4. Public Comments: If you wish to submit any public comment, please email: dmorefield -,ciVofmchenry.org in advance of the meeting. The City will read such public comments during the public commentary portion of the meeting and the comments will be entered into the official record of the meeting. Any comments received during the meeting will be provided in writing to the Council after the meeting. 5. Consent Agenda: Motion to Approve the following Consent Agenda Items: A. IDOT Resolution for Maintenance for the Purchase of Rock Salt for 2021 in the amount of $68,940.00; (Director Lynch) B. Authorization to Execute the Renewal of a Lease Agreement between the City of McHenry and Trey & Tom Corp d/b/a Main Street Station, located at 4005 W. Main Street; (Administrator Morefield) C. December 21, 2020 City Council Meeting Minutes; D. Issuance of Checks in the amount of $161,034.80; E. Issuance of As -Needed -Checks in the amount of $91,257.25. 6. Individual Action Item Agenda. A. Motion to approve the transfer of a Class C Liquor License from V4 Gasoline, Inc. to Rahyl Petroleum LLC for the business located at 4713 W. Elm Street conditioned upon the satisfactory completion of a background check and the identification of an eligible Business Agent within 30 days. (Mayor Jett) B. Motion to approve an Ordinance amending the FY20/21 Water Sewer Capital Development Fund Budget in the amount of $16,776; and, to accept the proposal from LAI, Ltd of Rolling Meadows, IL for the purchase of a Moyno progressive cavity dryer sludge cake feed pump in6.H. an amount not to exceed $16,776. (Director Strange) C. Motion to approve an Ordinance adopting text amendments to Chapter 13: Fences of the City of McHenry Municipal Code. (Director Polerecky, City Planner Sheriff) The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. D. Motion to approve an Ordinance adopting various text amendments to the City of McHenry Zoning Ordinance. (Director Polerecky, City Planner Sheriff) E. Motion to approve an Ordinance annexing approximately 2.19 acres located at 219 S. Barreville Road. (Director Polerecky, City Planner Sheriff) F. Motion to deny an Ordinance for a use variation to accommodate 3 horses and 4 chickens on the property located at 219 S. Barreville Road. (Director Polerecky, City Planner Sheriff) G. Motion to approve an Ordinance granting approval of the Final Plat for Legend Lakes Neighborhood 1 Resubdivision, with conditions; and, an Ordinance authorizing the Mayor's execution of a development agreement between the City of McHenry and CalAtlantic Group, Inc. (Director Polerecky, City Planner Sheriff) H. Motion to approve a Zoning Map Amendment from C-2 Neighborhood District to C-5 Highway Commercial District, a Conditional Use Permit, and various Zoning Variations to accommodate an Automobile Fueling Station and future Drive-Thru quick service restaurant, located at 5520 W. Elm Street, be approved, with conditions. (Director Polerecky, City Planner Sheriff) 7. Discussion Items. A. Residences of Stonewood Subdivision — Conceptual Presentation and Discussion 8. Staff Reports. 9. Mayor's Report. 10. City Council Comments. 11. Executive Session if Needed. 12. Adjourn. The complete City Council packet is available for review online via the City website at www.citEo/mchenjj.org. For further information, please contact the Office of the City Administrator at 815-363-2108. Office of Finance & Accounting Carolyn Lynch, Director McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: January 18, 2021 TO: Mayor and City Council FROM: Carolyn Lynch, Finance Director RE: MFT Resolution for Year 2021 State Purchase of Rock Salt ATTACHMENTS: IDOT Resolution Municipal Estimate of Maintenance Costs BACKGROUND: Annually the city purchases rock salt for ice control through the McHenry County Purchasing Department. A blanket order on an as needed basis is submitted and paid for through Illinois Motor Fuel Tax (MFT) funds. Each month the city is issued warrants pursuant to the MFT Fund Distribution statute. ANALYSIS: Expenditures for the purchase of rock salt requires the adoption of a resolution appropriating the funds. RECOMMENDATION: Staff recommends the Mayor's execution of the attached resolution allocating MFT funds for the purchase of rock salt in the year 2021. Illinois Department Resolution for Maintenance of Transportation Under the Illinois Highway Code o �; Resolution Number Resolution Type Section Number O rig i n a l 21-00000-00-G M BE IT RESOLVED, by the Council of the City of Governing Body Type Local Public Agency Type McHenry Illinois that there is hereby appropriated the sum of Sixty-eight thousand Name of Local Public Agency Nine hundred Forty Dollars ($68,940.00 ) of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of Illinois Highway Code from 01 /01 /21 to 12/31 /21 Beginning Date Ending Date BE IT FURTHER RESOLVED, that only those operations as listed and described on the approved Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that City of McHenry Local Public Agency Type Name of Local Public Agency shall submit within three months after the end of the maintenance period as stated above, to the Department of Transportation, on forms available from the Department, a certified statement showing expenditures and the balances remaining in the funds authorized for expenditure by the Department under this appropriation, and BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit four (4) ceritified originals of this resolution to the district office of the Department of Transportation. I Trisha Ramel City Clerk in and for said City Name of ClerkLocal Public Agency Type Local Public Agency Type of McHenry in the State of Illinois, and keeper of the records and files thereof, as Name of Local Public Agency provided by statute, do hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Council of McHenry at a meeting held on 01/18/21 Governing Body Type Name of Local Public Agency Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 18th day of January, 2021 -ray ont Year (SEAL) Clerk Signature APPROVED Regional Engineer Department of Transportation Date Printed 01/11/21 BLR 14220 (Rev. 02/08/19) Instructions for BLR 14220 This form shall be used when a Local Public Agency (LPA) wants to perform maintenance operations using Motor Fuel Tax (MFT) funds. Refer to Chapter 14 of the Bureau of Local Roads and Streets Manual (BLRS Manual) for more detailed information. This form is to be used by a Municipality or a County. Road Districts will use BLR 14221. For signature requirements refer to Chapter 2, Section 3.05(b) of the BLRS Manual. When filling out this form electronically, once a field is initially completed, fields requiring the same information will be auto -populated. Resolution Number Insert the resolution number as assigned by the LPA, if applicable. Resolution Type From the drop down box, choose the type of resolution: -Original would be used when passing a resolution for the first time for this project. -Supplemental would be used when passing a resolution increasing appropriation above previously passed resolutions. -Amended would be used when a previously passed resolution is being amended. Section Number Insert the section number of the improvement covered by the resolution. Governing Body Type From the drop down box choose the type of administrative body. Choose Board for County; Council or President and Board of Trustees for a City, Village or Town. LPA Type From the drop down box choose the LPA body type; County, City, Town or Village. Name of LPA Insert the name of the LPA. Resolution Amount Insert the dollar value of the resolution for maintenance to be paid for with MFT funds in words, followed by the same amount in numerical format in the (). Beginning Date Insert the beginning date of the maintenance period. Maintenance periods must be a 12 or 24 month consecutive period. Ending Date Insert the ending date of the maintenance period. LPA Type From the drop down box choose the LPA body type; County, City, Town or Village. Name of LPA Insert the name of the LPA. Name of Clerk Insert the name of the LPA Clerk. LPA Type From the drop down box choose the LPA body type; County, City, Town or Village. LPA Type From the drop down box choose the LPA body type; County, City, Town or Village. Name of LPA Insert the name of the LPA. Governing Body Type From the drop down box choose the type of administrative body. Choose Board for County; Council or President and Board of Trustees for a City, Village or Town. Name of LPA Insert the name of the LPA. Date Insert the date of the meeting. Day Insert the day the Clerk signed the document. Month, Year Insert the month and year of the clerk's signature. Clerk Signature Clerk shall sign here. Approved The Department of Transportation representative shall sign and date here upon approval. Three (3) certified signed originals must be submitted to the Regional Engineer's District office. Following IDOT's approval, distribution will be as follows: Local Public Agency Clerk Engineer (Municipal, Consultant or County) District Printed 01/11/21 BLR 14220 (Rev. 02/08/19) 00 Illinois Department Local Public Agency General Maintenance of Transportation Estimate of Maintenance Costs Submittal Type Original Maintenance Period Local Public Agency Count Section Number Beginning Ending McHenry McHenry 21-00000-00-GM 01/01/21 12/31/21 Malnfona—n 1+ — Material Categories/ Total Maint Point of Delivery or Maintenance Maintenance Eng Insp. Work Performed by Operation Operation Category Req. an Outside Contractor Unit Quantity Unit Cost Cost Cost State Joint Purchase IIB No Bulk Road Salt Tons 1,000 $64.74 $64,740.00 $64,740.00 Snow & Ice Removal IIA No Beet Heet Gallons 2,500 $1.68 $4,200.00 $4,200.00 Total Operation Cost $68,940.00 Maintenance Local Public Agency Labor Local Public Agency Equipment Materials/Contracts(Non Bid Items) Materials/Deliver & Install/Materials Quotations (Bid Items) Formal Contract (Bid Items) Maintenance Total Maintenance Engineering Preliminary Engineering Engineering Inspection Material Testing Advertising Bridge Inspection Engineering Maintenance Engineering Total Remarks Estimate of Maintenance Costs Summary MFT Funds RBI Funds Other Funds Estimated Costs $4, 800.00 $4, 800.00 $64,740.00 $64,740.00 $69,540.001 EEEE4E$69,540.00 Estimated Maintenance Eng Costs Summary MFT Funds RBI Funds Other Funds Total Est Costs Total Estimated Maintenancel $69,540.00 $69,540.00 SUBMITTED Local Public Agency Official Date Title City Clerk County En ineer/Su erintendent of Highways Date APPROVED Regional Engineer Department of Transportation Date Printed 01/11/21 Page 1 of 1 BLR 14222 (Rev. 10/01/20) Instructions for BLR 14222 - Page 1 of 4 NOTE: Form instructions should not be included when the form is submitted This form is used by all Local Public Agencies (LPAs) to submit their maintenance program and also submit their maintenance expenditure statements. A resolution (BLR 14220) must be submitted and approved by the Illinois Department of Transportation (IDOT) prior to incurring any expenditures. For items required to be bid the estimate of cost must be submitted prior to submittal of required bidding documents. Authorizations will be made based on the resolution and/or the approved contract/acceptance/material quotations documents. The maintenance expenditure statement must be submitted within 3 months of the end of the maintenance period. Maintenance resolutions and estimates submitted for future maintenance periods after that date will not be processed until the delinquent maintenance expenditure statement has been submitted. Only one form needs to be completed per maintenance period, combine all operations on one form. For additional information refer to the Bureau of Local Roads Manual (BLRS), Chapter 14. For signature requirements refer to Chapter 2, section 3.05(b) of the BLRS Manual. For items being completed for the estimate all materials, equipment, labor and contract amounts are considered estimates. For estimates where LPA equipment is completed, an Equipment Rental Schedule (BLR 12110) must also be submitted for approval. When completing the form for the Maintenance Expenditure all items must be actual amounts spent. Maintenance — From the drop down choose which type of document is being submitted. Choose Estimate of Cost if an estimate is being submitted, choose Maintenance Expenditure Statement if a maintenance expenditure statement is being submitted Submittal — Choose the type of submittal, if this is the first submittal choose original, if revising a previous submittal choose, revised. If adding to a previous submittal choose supplemental. Local Public Agency — Insert the name of the Local Public Agency. County — Insert the County in which the Local Public Agency is located. Maintenance Period Beginning — Insert the beginning date of the maintenance period. Ending — Insert the ending date of the maintenance period. Section — Insert the section number assigned to this project. The letters at the end of the section number will always be a "GM". Maintenance Operations — List each maintenance operation separately Maintenance Eng. Category — From the drop down choose the maintenance engineering category as it applies to the operation listed to the left. The definitions of the categories can be found in the BLRS Manual Chapter 14, section 14-2.04 Maintenance Engineering Categories are: Category I — Services purchased without a proposal such as electric energy or materials purchased from Central Management Services' Joint Purchasing Program or another joint purchasing program that has been approved by the District BLRS or CBLRS. Category II -A — Maintenance items that are not included in Maintenance Engineering Category I or do not require competitive sealed bids according to Section 12-1.02(a) or a local ordinance/resolution. Category II-B — Routine maintenance items that require competitive sealed bids according to Section 1 2-1.02(a) or a local ordinance/resolution. Routine maintenance includes all items in the following work categories: snow removal, street sweeping, lighting and traffic signal maintenance, cleaning ditches or drainage structures, tree trimming or removal, mowing, crack sealing, pavement marking, shoulder maintenance limited amounts of concrete curb and gutter repair, scour mitigation, pavement patching, and minor drainage repairs. Category III — Maintenance items that are not covered by Maintenance Engineering Category I or Category II-B and require competitive bidding with a material proposal, a deliver and install proposal or material quotation. Category IV — Maintenance items that are not covered by Maintenance Engineering Category I or Category II-B and require competitive bidding with a formal contract proposal. Printed 01/11/21 BLR 14222 (Rev. 10/01/20) Instructions for BLR 14222 - Page 2 of 4 The instructions listed below only apply to the maintenance estimate of cost. For LPA's using Local Public Agency Labor and/or Local Public Agency Equipment Rental, the estimated amounts are only listed on those specific lines and are not to be included with each operation on the estimate of cost. Insp Req — From the drop down choose No or Yes as it applies to the maintenance operation listed to the left. Items requiring no engineering inspection should be no. Material Categories/Point of Delivery or Work Performed by an Outside Contractor — List the items for each operation on a separate line, grouping items for the same operation together, for the operation listed to the left. If work being done as a contract list work by contractor. Unit — Insert the unit of measure for the material listed to the left, if applicable. Quantity — Insert the quantity for the material listed to the left, if applicable. Unit Cost — Insert the unit cost of the material listed to the left, if applicable. Cost — No entry necessary, this is a calculated field. This is the quantity times the unit cost. Total Maintenance Operation Cost — Insert the total of the Maintenance Operation Cost, for items done by a contract insert the estimated contract amount. Maintenance Estimate of Maintenance Costs Summary — Under each item listed below, list the amount of estimated MFT funds, Rebuild Illinois (RBI) funds and local funds to be expended, if applicable. The total Estimated cost is a calculated field. Local Public Agency Labor — Insert the estimated amount for LPA labor for all maintenance operations, if applicable. Local Public Agency Equipment Rental — Insert the estimated amount for LPA equipment rental for all maintenance operations, if applicable. Materials/Contracts (Non Bid Items) — Insert the estimated amount for materials and/or contracts for items the LPA is not required to bid, if applicable. Materials/Deliver & Install, Material Quotations — For the operation listed to the left insert the estimate amount to be expended using a bidding process for material/deliver & install proposal and/or material quotations, if applicable. Formal Contracts — Insert the total amount estimated to be expended on formal contracts. This will be for items required to be bid. Total Estimated Cost — This is a calculated field and will be automatically filled in for each type. This is the sum of all funding for the item. Total Maintenance Operation Cost — This is a calculated field, no entry is necessary. This is the sum of all items estimated to be expended on this operation. Total Maintenance Cost — This is a calculated field, no entry is necessary. This is the sum of all maintenance operation costs. Maintenance Engineering Cost Summary — For each item listed below, list under the funding type what the estimated amount to be expended for each item. Preliminary Engineering Fee — Insert the amount of funds estimated to be expended for Preliminary Engineering, if applicable. Engineering Inspection Fee — Insert the amount of funds estimated to be expended for Engineering Inspection, if applicable. Material Testing Costs — Insert the dollar amount of funds estimated to be expended on material testing costs, if applicable. Printed 01/11/21 BLR 14222 (Rev. 10/01/20) Instructions for BLR 14222 - Page 3 of 4 Advertising Costs — Insert the amount of funds estimated to be expended on advertising costs, if applicable. Bridge Inspection Costs — Insert the amount of funds estimated to be expended on bridge inspection costs, if applicable. Total Maintenance Engineering — This is a calculated field, no entry is necessary. This is the sum of all maintenance engineering costs listed above. Totals — This is a calculated field. It is the total of the estimated maintenance cost plus the estimated maintenance engineering cost. These instructions apply to the Maintenance Expenditure Statement. Maintenance Operation — Type in the name of the maintenance operation for which the amounts to the right will be completed. For a form that was completed as an Estimate of Cost and is now being changed to a Maintenance Expenditure Statement, this field will be completed from the estimate. Maint Eng Category — From the drop down select the Maintenance Engineering Category that applies to the operation listed to the left. LPA Labor — For the operation listed to the left insert the amount expended for LPA labor, if applicable. LPA Equipment Rental — For the operation listed to the left insert the amount expended on LPA equipment rental if applicable. Materials/Contracts (Non -Bid) — For the operation listed to the left insert the amount expended for materials and/or contracts that was not required to be bid, if applicable. Materials/Deliver & Install/Material Quotations (Bid Items) — Insert the total amount expended on Materials Proposals, Deliver and Install proposals, Materials Quotations (Bid Items). This will be for items that were required to be bid. Formal Contract — For the operation listed to the left insert the amount expended for items bid using the formal contract process, if applicable. Total Operation Cost — This is a calculated field, it will sum the amounts expended for the operation listed to the left. Operation Engineering Inspection Fee — For the operation listed to the left insert the amount of engineering inspection charged for this operation, if applicable. Total Maintenance — This is a calculated field, no entry necessary. It is the sum of all maintenance operations. Maintenance Engineering Cost Summary Preliminary Engineering Fee — Insert the dollar amount of funds spent on preliminary engineering for this maintenance section. Engineering Inspection Fee — Insert the amount of funds expended for Engineering Inspection, if applicable. Material Testing Costs — Insert the dollar amount of funds spent on material testing costs, if applicable. Advertising Costs — Insert the dollar amount of funds spent on advertising costs, if applicable. Bridge Inspection Costs — Insert the dollar amount of funds spent on bridge inspection costs, if applicable. Total Maintenance Engineering — This is a calculated field, no entry is necessary. This is the sum of all maintenance engineering costs listed above. Total Maintenance Program Costs — Insert the total cost of the Maintenance and Maint. Engineering. The maintenance amount will be the amount from the Total Cost from the Maintenance Items table. The Maint. Eng will be the Maintenance Engineering Total from above. Printed 01/11/21 BLR 14222 (Rev. 10/01/20) Instructions for BLR 14222 - Page 4 of 4 Contributions, Refunds, Paid with Other Funds — Enter the dollar amount of contributions, refunds or amounts paid with other funds for this maintenance section, if applicable, for both maintenance and maintenance engineering. Total Motor Fuel Tax/Rebuild Illinois Portion — These are calculated fields, no entry is necessary. This is the sum of the total cost minus the amount paid with local funds. Motor Fuel Tax Portion — Insert the amount of the total cost that was paid for with Motor Fuel Tax funds for Maintenance and Maint. Engineering, as applicable. Motor Fuel Tax Funds Authorized — Insert the net amount of Motor Fuel Tax Funds authorized for each type. Motor Fuel Tax Surplus/Deficit — These are calculated fields, no entry is necessary. This is the sum of the Total Motor Fuel Tax funds expended minus the amount of Motor Fuel Tax funds authorized. A positive number will result in a credit to the unobligated fund of the Motor Fuel Tax fund. A negative number means more funds were spent than authorized. If the negative number has a resolution to cover the overage, the item(s) that resulted in the overage have been approved by IDOT, and are covered in the overrun policy, this amount will be authorized. If these conditions are not met you must contact your District office for guidance. Rebuild Illinois Portion — Insert the amount of the total cost that was paid for with Rebuild Illinois funds for Maintenance and Maint. Engineering, as applicable. Rebuild Illinois Funds Authorized — Insert the net amount of Rebuild Illinois Funds authorized for each type. Rebuild Illinois Surplus/Deficit — These are calculated fields, no entry is necessary. This is the sum of the Total Rebuild Illinois funds expended minus the amount of Rebuild Illinois funds authorized. A positive number will result in a credit to the unobligated fund of the Motor Fuel Tax fund. A negative number means more funds were spent than authorized. If the negative number has a resolution to cover the overage, the item(s) that resulted in the overage have been approved by IDOT, and are covered in the overrun policy, this amount will be authorized. If these conditions are not met you must contact your District office for guidance. Difference — No entry necessary, this field is automatically calculated. It is the difference between Total Motor Fuel Tax/Rebuild Illinois Portion for Maintenance and Maint. Engineering. The fields must equal zero; if not, review the amounts inserted under Motor Fuel Tax and Rebuild Illinois need to be corrected. Remarks — Enter remarks as applicable covering the items entered. Certification — Upon submittal of this form as the maintenance expenditure statement the LPA official shall check this box as certification. End of instructions for Maintenance Expenditure Statement Submitted Local Public Agency Official — The proper official shall sign, insert their title and date here. For Estimates of Cost covering a Township/Road District the road commissioner shall sign and date as Local Public Agency Official. For Municipalities the municipal official shall sign and date here. County Engineer/Superintendent of Highways — For County project and/or Township/Road District projects the county engineer/ superintendent of highways shall sign here. Approved — Upon approval the Regional Engineer shall sign and date here. This approval is subject to change based upon a documentation review by the Department. A minimum of three (3) signed originals must be submitted to the Regional Engineer's District office. Following the Regional Engineer's approval, distribution will be as follows: Local Public Agency Clerk Engineer (Consultant or County Engineer) District File Printed 01/11/21 BLR 14222 (Rev. 10/01/20) Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 dmorefield@ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: January 18, 2021 TO: Mayor and City Council FROM: Derik Morefield, City Administrator RE: Authorization to Execute the Renewal of a Lease Agreement between the City of McHenry and Trey & Tom Corp d/b/a Main Street Station, located at 4005 W. Main Street AGENDA ITEM SUMMARY: The purpose of this agenda item is for the renewal of an existing lease agreement between the City of McHenry and Trey & Tom Corp d/b/a Main Street Station, located at 4005 W. Main Street (railroad depot). As Council is aware, Main Street Station has been in business at 4005 W. Main Street for many years and desires to continue to operate at this location. Under an agreement between the City and Union Pacific Railroad, the City is able to lease the property for this use. During the past year, Kelly Covalt has taken over the operation of the restaurant after the passing of her Father, Trey. All appropriate documentation regarding liquor and video gaming licensing was modified as part of this transition. The terms of the agreement are unchanged. Ms. Covalt has reviewed, and is in agreement, with the terms of the lease. The renewal period is for one year, February 1, 2021 through January 31, 2022, with an option for a one-year extension through January 31, 2023. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to authorize the execution of a lease agreement between the City of McHenry and Trey & Tom Corp, d/b/a Main Street Station, located at 4005 W. Main Street, be approved as presented. 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. BEGINNING I TERM OF LEASE The term of the lease shall be dictated by the lease February 1, 2021 agreement between Union Pacific Railroad Company and the City of McHenry. MONTHLY RENT SEE ATTACHED EXHIBITS A and B LOCATION OF PREMISES 4005 WEST MAIN STREET MCHENRY, ILLINOIS 60050 PURPOSE To conduct a restaurant and dram shop operation thereon. LESSEE Trey & Tom Corp. 4005 W. Main Street McHenry, Illinois 60050 LESSOR City of McHenry 333 S. Green Street McHenry, Illinois 60050 In consideration of the mutual covenants and agreements herein stated, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor solely for the above purpose the premises designated above (the "Premises"), together with the appurtenances thereto, for the above Term. LEASE COVENANTS AND AGREEMENTS 1. RENT. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum stated above, monthly in advance, until termination of this lease, at Lessor's address stated above or such other address as Lessor may designate in writing. 2. WATER, GAS AND ELECTRIC CHARGES. Lessee will pay, in addition to the rent above specified, all water rents, gas and electric light and power bills taxed, levied or charged on the Premises, for and during the time for which this lease is granted and in case said water rents and bills for gas, electric light and power shall not be paid when due, Lessor shall have the right to pay the same, which amounts so paid, together with any sums paid by Lessor to keep the Premises in a clean and healthy condition, as Herein specified, are declared to be so much additional rent and payable with the installment of rent next due thereafter. 3. SUBLETTING; ASSIGNMENT. The Premises shall not be sublet in whole or in part to any person other than Lessee, and Lessee shall not assign this lease without, in each case, the consent in writing of Lessor first had and obtained; nor permit to take place by any act or default of himself or any person within his control any transfer by operation of law of Lessee's interest created hereby; nor offer for lease or sublease the Premises, nor any portion thereof, by placing notices or signs of "To Let," or any other similar sign or notice in any place, nor by advertising the same in any newspaper or place or manner whatsoever without, in each case, the consent in writing of Lessor first had and obtained. If Lessee, or any one or more of the Lessees, if there be more than one, shall make an assignment for the benefit of the creditors, or shall be adjudged a bankrupt, Lessor may terminate this lease, and in such event Lessee shall at once pay Lessor a sum of money equal to the entire amount of rent reserved by this lease for the then unexpired portion of the term hereby created, as liquidated damages. 4. LESSEE NOT TO MISUSE. Lessee will not permit any unlawful or immoral practice, with or without his knowledge or consent, to be committed or carried on in the Premises by himself or by any other person. Lessee will not allow the Premises to be used for any purpose that will increase the rate of insurance thereon, nor for any purpose other than that hereinbefore specified. Lessee will not keep or use or permit to be kept or used in or on the Premises or any place contiguous thereto any flammable fluids or explosives, without the written permission of Lessor first had and obtained. Lessee will not load floors beyond the floor load rating prescribed by applicable municipal ordinances. Lessee will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the premises or of the building of which they are apart. 5. CONDITION ON POSSESSION. Lessee has examined and knows the condition of the Premises and has received the same in good order and repair, and acknowledges that no representations as to the condition and repair thereof, and no agreements or promises to decorate, alter, repair or improve the Premises, have been made by Lessor or his agent prior to or at the execution of this lease that are not herein expressed. 6. REPAIRS AND MAINTENANCE. Lessee shall keep the Premises and appurtenances thereto in a clean, sightly and healthy condition, and in good repair, all according to the statues and ordinances in such cases made and provided, and the directions of public officers thereunto duly authorized, all at his own expense, and shall yield the same back to Lessor upon the termination of this lease, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness, repair and sightliness as at the date of the execution thereof, loss by fire and reasonable wear and tear expected. Lessee shall make all necessary repairs and renewals upon Premises and replace broken globes, glass and fixtures with material of the same size and quality as that broken and shall insure all glass in windows and doors of the Premises at his own expense. If, however, the Premises shall not thus be kept in good repair and in a clean, sightly and healthy condition by Lessee, as aforesaid, Lessor may enter the same himself or by his agents, servants, or employees, without such entering causing or constituting a termination of this lease or an interference with the possession of the Premises by Lessee, and Lessor may replace the same in the same condition of repair, sightliness, healthiness, and cleanliness as existed at the date of execution hereof, and Lessee agrees to pay Lessor, in addition to the rent hereby reserved, the expenses of Lessor in thus replacing the premises in that condition. Lessee shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. See attached Exhibit B providing specific obligations. 7. ACCESS TO PREMISES. Lessee shall allow Lessor or any person authorized by Lessor free access to the Premises for the purpose of examining or exhibiting the same, or to make any repairs or alterations thereof which Lessor may see fit to make, and Lessee will allow Lessor to have placed upon the Premises at all times notices of "For Sale" and For Rent," and Lessee will not interfere with the same. 8. NON -LIABILITY OF LESSOR. Except as provided by Illinois statute, Lessor shall not be liable to Lessee for any damage or injury to him or his property occasioned by the failure of Lessor to keep the Premises in repair, and shall not be liable for any injury done or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings, or walks, or from the backing up of any sewer pipe or down -spout, or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in upon or about the Premises or the building of which they are a part nor form the escape of steam or hot water from any radiator, it being agreed that said radiators are under the control of Lessee nor from any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight, trap-door, stairs, walls or any other place upon or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the falling of any fixture, plaster or stucco, nor for any damage or injury arising from any act, occasion or negligence of co- tenants or of other persons occupants of the same building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or of Lessor's agents or Lessor himself, all claims for any such damage or injury being hereby expressly waived by Lessee. 9. RESTRICTIONS (SIGNS, ALTERATIONS, FIXTURES). Lessee shall not attach, affix or exhibit or permit to be attached, affixed or exhibited, except by Lessor or his agent, any articles of permanent character or any sign, attached or detached, with any writing or printing thereon, to any window, floor, ceiling, door or wall in any place in or about the Premises, or upon any of the appurtenances thereto, without in each case the written consent of Lessor first had and obtained; and shall not commit or suffer any waste in or about said premises; and shall make no changes or alterations in the Premises by the erection of partitions or the papering of walls or otherwise, without the consent in writing of Lessor; and in case Lessee shall affix additional locks or bolts on doors or windows, or shall place in the Premises lighting fixtures or any fixtures of any kids, without the consent of Lessor first had and obtained, such locks, bolts and fixture shall remain for the benefit of Lessor, and without expense of removal or maintenance to Lessor. Lessor shall have the privilege of retaining the same if he desires. If he does not desire to retain the same, he may remove and store the same, and Lessee agrees to pay the expense of removal and storage thereof. The provisions of this paragraph shall not however apply to Lessee's trade fixtures, equipment and movable furniture. 10. HEAT. Where building is equipped for the purpose, Lessor shall furnish to lessee a reasonable amount of heat, from October 1 St to May 1st whenever in Lessor's judgment necessary for comfortable use of the Premises, during customary business hours (excluding Sundays and holidays but no earlier than 8:00 AM nor later than 6:00 PM unless specifically stated herein. Lessor does not warrant that heating service will be free from interruptions caused by strike, accident or other cause beyond the reasonable control of Lessor, or by renewal or repair of the heating apparatus in the building. Any such interruption shall not be deemed an eviction or disturbance of Lessee's use and possession of Premises, nor render Lessor liable to Lessee in damages. All claims against Lessor for injury or damage arising from failure to furnish heat are hereby expressly waived by Lessee. 11. FIRE AND CASUALTY. In case the Premises shall be rendered untenantable by fire, explosion or other casualty, Lessor may at his option, terminate this lease or repair the Premises within sixty (60) days. If Lessor does not repair the Premises within said time, or the building containing the Premises shall have been wholly destroyed, the term hereby created shall ceases and terminate. 12. TERMINATION; HOLDING OVER. At the termination of the term of this lease, by lapse of time or otherwise, Lessee will yield up immediate possession of the Premises to Lessor, in good condition and repair, loss by fire and ordinary wear expected, and will return the keys therefore to Lessor at the place of payment of rent. If Lessee retains possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Lessor may at its option within thirty (30) days after termination of the term serve written notice upon Lessee that such holding over constitutes either (a) renewal of this lease for one year and from year to year thereafter, at double the rental (computed on an annual basis) specified in Section 1, or (b) creation of a month to month tenancy, upon the terms of this lease except at double the monthly rental specified in Section 1, or (c) creation of a tenancy at sufferance, at a rental of $950.00 per month for the time Lessee remains in possession. If no such written notice is served then a tenancy at sufferance with rental as stated at (c) shall have been created. Lessee shall also pay to Lessor all damages sustained by Lessor resulting from retention of possession by Lessee. The provisions of this paragraph shall not constitute a waiver by Lessor of any right of re- entry as hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmance of tenancy operate as a waiver of the right to terminate this lease for a breach of any of the covenants herein. 13. LESSOR'S REMEDIES. If Lessee shall vacate or abandon the Premises or permit the same to remain vacant or unoccupied for a period of ten (10) days, or in case of the non-payment of the rent reserved hereby, or any part thereof, or of the breach of any covenant in this lease contained, Lessee's right to the possession of the Premises thereupon shall terminate with or (to the extent permitted by law) without any notice or demand whatsoever, and the mere retention of possession thereafter by lessee shall constitute a forcible detainer of the Premises; and if the Lessor so elects, but not otherwise, and with or without notice of such election nor any notice or demand whatsoever, this lease shall thereupon terminate and upon the termination or Lessee's right of possession, as aforesaid, whether this lease be terminated or not, Lessee agrees to surrender possession of the Premises immediately without the receipt of any demand for rent, notice to quit or demand for possession of the premises whatsoever, and hereby grants to Lessor full and free license to enter into and upon the Premises or any part thereof, to take possession thereof with or (to the extent permitted by law) without process of law, and to expel and to remove lessee or any other person who may be occupying the Premises or any part thereof, and Lessor may use such force in and about expelling and removing Lessee and other person as may reasonably be necessary and Lessor may repossess himself of the Premises as of his former estate, but such entry of the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this lease contained, to be performed by Lessee. Lessee hereby waives all notice of any election made by Lessor hereunder, demand for rent, notice to quit, demand for possession, and any and all notices and demand whatsoever, of any and every nature, which may or shall be required by any statue of this state relating to forcible entry and detainer, or to landlord and tenant, or any other statute, or by the common law, during the term of this lease or any extension thereof. The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or after knowledge of any breach hereof by Lessee, or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except an express written waiver, shall not be construed as a waiver of Lessor's rights to act without notice or demand or of any other right hereby given Lessor, or as an election not to proceed under the provisions of this lease. 14. RIGHT TO RELET. If Lessee's right to the possession of the Premises shall be terminated in any way, the Premises, or any part thereof may, but need not (except as provided by Illinois statute) be relet by Lessor, for the account and benefit of Lessee, for such rent and upon such terms and to such person or person and for such period or periods as may seem fit to the Lessor, but Lessor shall not be required to accept or receive any tenant offered by Lessee, nor to do any act whatsoever or exercise any diligence whatsoever in or about the procuring of any care or diligence by Lessor in the reletting thereof, and if a sufficient sum shall not be received from such reletting to satisfy the rent hereby reserved, after paying the expenses of reletting and collection, including commissions to agents, and including also expense of redecorating, Lessee agrees to pay and satisfy all deficiency; but the acceptance of a tenant by Lessor, in place of Lessee, shall not operate as a cancellation hereof, nor to release Lessee from the performance of any covenant, promise or agreement herein contained, and performance by any substituted tenant by the payment of rent, or otherwise, shall constitute only satisfaction pro tanto of the obligations of Lessee arising hereunder. 15. COSTS AND FEES. Lessee shall pay upon demand all Lessor's costs, charges and expenses, including fees of attorneys, agents and others retained by Lessor, incurred in enforcing any of the obligations of Lessee under this lease or in any litigation, negotiation or transaction in which Lessor shall, without Lessor's fault, become involved through or on account of this lease. 16. CONFESSION OF JUDGMENT. Lessee hereby irrevocably constitutes and appoints any attorney of any court of record in this State, to be his true and lawful attorney for him and in his name and stead, to enter his appearance in any suit or suits that may be brought in any court in this State at any time when any money is due hereunder for rent or otherwise, to waive the issuing of process and service thereof and trial by jury or otherwise, and to confess a judgment or judgments for such money so due and or costs of suit and of reasonable attorney's fees in favor of Lessor, and to release all errors that may occur or intervene in such proceedings, including the issuance of execution upon any such judgment, and to stipulate that no write of error or appeal shall be prosecuted from such judgment or judgments, nor any bill in equity filed, nor any proceedings of any kind taken in law or equity to interfere in any way with the operation of such judgment or judgments or of execution issued thereon and to consent that execution may immediately issue thereon. 17. LESSOR'S LIEN. Lessor shall have a first lien upon the interest of Lessee under this lease, to secure the payment of all moneys dues under this lease, which lien may be foreclosed in equity at any time when money is overdue under this lease; and the Lessor shall be entitled to name a receiver of said leasehold interest, to be appointed in any such foreclosure proceeding, who shall take possession of said premises and who may relet the same under the orders of the court appointing him. 18. REMOVAL OF OTHER LIENS. In event any lien upon Lessor's title results from any act or neglect of Lessee, and Lessee fails to remove said lien within ten (10) days after Lessor's notice to do so, Lessor may remove the lien by paying the full amount thereof or otherwise and without any investigation or contest of the validity thereof, and Lessee shall pay Lessor upon request the amount paid out by Lessor in such behalf, including Lessor's costs, expenses and counsel fees. 19. REMEDIES NOT EXCLUSIVE. The obligation of Lessee to pay the rent reserved hereby during the balance of the term hereof, or during any extension hereof, shall not be deemed to be waived, released ore terminated, nor shall the right and power to confess judgment given in paragraph 16 hereof be deemed to be waived or terminated by the service of any five-day notice, other notice to collect, demand for possession, or notice that the tenancy hereby created will be terminated on the date therein named, the institution of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of Lessee's right to possession of the Premises. The Lessor may collect and receive any rent due from Lessee, and payment or receipt thereof shall not waive or affect any such notice, demand, suit or judgment, or in any manner whatsoever waive, affect, change, modify or alter any rights or remedies which Lessor may have by virtue hereof. 20. NOTICES. Notices may be served on either party, at the respective addresses given at the beginning of this lease, either (a) by delivering or causing to be delivered a written copy thereof, or (b) be sending a written copy thereof by United States certified or registered mail, postage prepaid, addressed to Lessor or Lessee at said respective addresses in which event the notice shall be deemed to have been served at the time the copy is mailed. 21. MISCELLANEOUS. (a) Provisions typed on this lease and all riders attached to this lease and signed by Lessor and Lessee are hereby made a part of this lease. (b) Lessee shall keep and observe such reasonable rules and regulations now or hereafter required by Lessor, which may be necessary for the proper and orderly care of the building of which the Premises are a part. (c) All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Lessor and Lessee and their respective heirs, legal representatives, successors and assigns. (d) The rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to exclude or waive the right to the use of another. (e) The words "Lessor" and "Lessee" wherever used in this lease shall be construed to mean Lessors or Lessees in all cases where there is more than one Lessor or Lessee and to apply to individuals, male or female, or to firms or corporations, as the same may be described as Lessor or Lessee herein, and the necessary, grammatical changes shall be assumed in each case as though fully expressed. If there is more than one Lessee the warrant of attorney in paragraph 16 is given jointly and severally and shall authorize the entry of appearance of, and waiver of issuance of process and trial by jury by, and confession of judgment against any one or more of such Lessees, and shall authorize the performance of every act in the name of and on behalf of any one or more of such Lessees. 22. SEVERABILITY. If any clause, phrase, provision or portion of this lease or the application thereof to any person or circumstance shall be invalid, or unenforceable under applicable law, such event shall not affect, impair or render invalid or unenforceable the remainder of this lease nor any other clause, phrase, provision or portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other persons or circumstances. 23-30 SEE ATTACHED EXHIBIT A. IN WITNESS WHEREOF, the parties hereto have executed this instrument as the Date of Lease started above. LESSEE: Kelly Covalt, President Trey & Tom Corp. Date: LESSOR: Wayne Jett, Mayor City of McHenry Date: EXHIBIT A RIDER TO LEASE AGREEMENT 23. SUBJECT TO LESSOR'S LEASE WITH UNION PACIFIC RAILROAD. This lease shall be subject to the terms and conditions of the Lease Agreement between Union Pacific Railroad Company ("Union Pacific"), as Lessor, and City of McHenry, as Lessee, dated November 1, 2000, a copy of which is attached hereto, incorporated herein by reference and made a part hereof as though set forth herein in full ("Underlying Lease"). Lessee shall comply with each of the covenants to which the City of McHenry is bound by the Underlying Lease. 24. DRAM SHOP. Subject to Lessee's compliance with the laws of the State of Illinois and the Ordinances of the City of McHenry pertaining to dram shops, and the terms of this Lease, alcoholic beverages may be sold at retail in the Premises. 25. INSURANCE. Liability Insurance. A. Lessee shall obtain and maintain with carriers acceptable to the Lessor, not less than the insurance coverages set forth below, which coverages shall be primary as to any other valid and collectible insurance or self insurance which may be available to the Lessor: a. workers compensation and employer's liability coverage in accordance with statutory requirements of the state having jurisdiction over the employee, and having an employer's liability limit of no less than one million dollars ($1,000,000) for each occurrence; and b. commercial general liability coverage with at least limits of one million dollars ($1,000,000) per each occurrence, and two million dollars ($2,000,000) in the aggregate, which includes coverage for liability arising out of operations performed by or on the Premises, specifically including coverage for premises liability, broad form contractual liabilities, insuring any and all contemplated operations and for any related exposure at the Premises. c. business automobile liability coverage, including all motor vehicles, including equipment used in connection with operation or maintenance of any business or enterprise at the Premises, and d. liquor liability coverage, including liability under Section 6-21 of Act 5 of Chapter 735 of the Illinois Compiled Statues, commonly known as the "Dram Shop Act," and all laws amendatory thereof, having a liability limit of one million dollars ($1,000,000) per occurrence and in the aggregate. B. Lessee's insurers shall agree to waive all rights of subrogation against the Lessor for losses arising from the Lessee's operations. C. Lessee shall furnish the Lessor with certificates of insurance naming the Lessor and Union Pacific as additional insured, and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail return receipt requested, has been given to the Lessor and Union Pacific. 26. Property Damage to the Premises. Lessor shall at Lessee's sole expense and at all times during the term hereof, maintain fire, wind, storm and extended coverage, vandalism, malicious mischief — broad form, in not less than the replacement value of the building, as specified by Union Pacific from time to time as required in the Underlying Lease. Upon execution of this Lease Agreement, and thereafter upon request, Lessee shall furnish Lessor with copies of each of said policies. 27. ASSUMPTION OF LIABILITY. The Lessee assumes liability for all injury to or death of any person or person including employees of the Lessee, any sub -Lessee, any supplier or any other person and assumes liability for all damage to property sustained by any person. 28. INDEMNIFICATION. To the fullest extent permitted by law, the Lessee hereby agrees to defend, indemnify and hold harmless the Lessor and Union Pacific against all injuries, deaths, loss, damages, claims, suits, liabilities, judgments, costs and expense, which may in any way accrue against the Lessor and Union Pacific, and the Lessee shall, at its own expense, appear, defend and pay all charges and attorneys and all costs and other expenses arising therefore or incurred in connection with this license, and, if any judgment shall be rendered against the Lessor and/or Union Pacific, the Lessee shall, at its own expense satisfy and discharge the same. 29. NOTICES AND RENT PAYMENTS. All notices herein required shall be in writing and shall be served on the parties at their following addresses, at such other addresses as they may hereafter from time to time in writing to the other party designate: City of McHenry City Administrator 333 S. Green Street McHenry, Illinois 60050 Trey & Tom Corp. d/b/a/ Main Street Station 4005 W. Main Street McHenry, Illinois 60050 The mailing of a notice by certified mail, return receipt requested, to the aforesaid addresses, or the actual delivery of notices thereto in any other manner, shall be sufficient service for purposes of this Lease. Lessee shall mail rent to Lessor at Lessor's aforesaid address, or at such other address as Lessor may from time to time designate. 30. TERM AND RENT. Lessee shall pay Lessor or Lessor's agent the sum of $950.00 per month for a term of one (1) year commencing on February 1, 2021 and terminating on January 31, 2022 or sooner as provided herein with an option to renew upon mutual written agreement by both parties for an additional period of one-year, and subject to the terms and conditions of the Lease Agreement between Union Pacific as Lessor, and City of McHenry, as Lessee, dated November 1, 2000. EXHIBIT "B" Lessee shall be responsible for the following maintenance obligations: 1) All expenses relating to maintenance and repairs to the building on the Premises relating to ordinary wear and tear items such as keeping the building in good condition and the HVAC system in good operating condition. 2) Except for sewer and water service line repair expense, with respect to any repair expenses relating to the building on the Premises, in excess of $2,500, the Lessee shall pay up to $2,500 for each occurrence and the Lessor shall pay all repair expenses in excess thereof. With regard to repair expenses and damages relating to sewer and water service line expenses, including damage from backups, the Lessee shall pay up to $500 for each occurrence and the Lessor shall pay all repair expenses in excess thereof. AGENDA REGULAR CITY COUNCIL MEETING Monday, December 21, 2020, 7:00 p.m. In light of the current COVID-19 public health emergency, this meeting will be held remotely only. The public can observe and participate by connecting online via Zoom at https:HcitVofmchenry.zoom.us/m/93491817246 or by telephone at 1 312 626 6799, Meeting ID: 934 9181 7246 Call to Order: The City Council of the City of McHenry, Illinois, met in regular session on Monday, December 21, 2020, at 7:00 p.m. in the McHenry City Council Chambers, 333 S. Green Street, McHenry, IL. Roll Call: Mayor Jett called the roll call. Members present: Alderman Santi, Alderman Glab, Alderman Schaefer, and Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller, and Mayor Jett. Others present: Attorney McArdle, Administrator Morefield, Interim Director of Public Works Strange, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Development Martin, Chief of Police Birk, City Planner Sheriff, and City Clerk Ramel. Pledge of Allegiance: Mayor Jett led the pledge Comments: No public Comments Public Hearing: Public Hearing for the 2020 Property Tax Levy in the amount of $2,951,489 A. Motion to adopt the 2020 Property Tax Levy Ordinance in an amount not to exceed $2,951,489. (Director Lynch) No public comment. A motion was made by Alderman Santi and seconded by Alderwoman Miller to close the public hearing as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Per Administrator Morefield it was pointed out to The Council that this is the loth year in a row that they have been able to maintain and keep the levy flat. City of McHenry Council Meeting Minutes 12.21.20 A motion was made by Alderman Schaefer and seconded by Alderman Harding to to adopt the 2020 Property Tax Levy Ordinance in an amount not to exceed $2,951,489. approve the public hearing as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Public Comments: No public comments Consent Agenda: Motion to Approve the Following Consent Agenda Items: A. Ordinances providing for the Abatement of Real Estate Taxes for GO Bonds (Refunding Series 2020A in the amount of $368,958.33, GO Bonds (Alternate) Series 2012 in the amount of $206,132.50, GO Bonds (Refunding) Series 2013 in the amount of $35,110.00, and GO Bonds (Refunding) Series 2015 in the amount of $578,978.76; (Director Lynch) B. Adoption of the Eighth Continuation of Proclamation of the Local Disaster Emergency for the City of McHenry to March 15, 2021; *(Clerks note: Consent Agenda C was pulled for separate consideration) D. December 7, 2020, City Council Meeting Minutes; E. Issuance of Checks in the amount of $187,892.45; F. Issuance of As -Needed -Checks in the amount of $136,569.03. A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve Consent Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Consent Agenda: Motion to Approve the Following Consent Agenda Item: C. Rise Up Foundation 1) use of Petersen Park to setup, host, and cleanup for the Splash Pad Benefit Concert from Thursday, June 17th through Saturday, June 19th; 2) Special Event Liquor License for the sale of beer, wine, and malt liquor with drink ticket sales to cease 30-minutes prior to park closure each day; 3) permission for a 10 minute firework display on Saturday, June 19th at 11 pm; and, 4) a 50% reduction of charges for city services incurred as a result of the event. (Director Hobson) Consent Agenda Item (C) was pulled out for separate consideration by Alderman Glab, requesting more information. As explained by Director Hobson, there was another day added a firework display and more room is being created for spacing of crowds in the field's temporary stage. This Consent Agenda Item was brought up last year and was already approved in this 2 City of McHenry Council Meeting Minutes 12.21.20 final stage last time. The proceeds will help pay for a free splash pad for the community. Alderman Glab stated that he is not in favor of creating the 501 C, Alderman Glab feels that there needs to be more parking, and it is needed to know how much funding will be used for the parking before the splash pad is put in. Mayor Jett stated this is the approval for the concert, therefore the splash pad plans will be presented afterwards. Alderman Schaefer clarified that tonight's vote is for the concert, wanted to know if Alderman Glab would support that. Alderman Glab expressed firmly that he will not support this because it is just part of the entire project. Alderwoman Miller stated that she is in major support of this venue. This discussion went on for some time. A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve Consent Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 1-nays- Alderman Glab, 0-abstained. Motion carried. Individual Action Item Agenda. A. Motion to approve an Ordinance annexing the property at 219 S. Barreville Road. (Director Martin) As presented by Director of Economic Development, Martin. Joe Doherty property owner, was asked if he wants to annex the property, per Attorney McArdle. It was explained that the ordinance cannot grant use variances forcefully annexing or reach an agreement. Joe Doherty would like to turn the property over to his tenant when appropriate, doesn't want to be a renter forever. Attorney Guy Youman is the lawyer representing Ms. Knoxs, she is one of the neighbors to this property, and she is against it because the horse waste dries up and gets dusty and washes the waste down to the neighbor's home. The county stated that the horses cannot be within too many feet of the well. Her lot is south closer to the city side. Per Attorney McArdle, this needs direction from The Council. Alderman Schaefer wanted clarification between use variance and non -conforming ordinance. In regards to the horses they have been on the property three years ago. Brian Kilinski spoke as a neighbor to this property as well, he is located downhill from the property. Mr. Kilinski stated that the odors from the hourses are over bearing, along with the dust and manure in the summer as well. This discussion went on for some time. A motion was made by Alderman Santi and seconded by Alderman Glab to table 7A & 713 Individual Agenda items for review of the Community and Development Committee as presented Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Hardin, Alderman Mihevc, Alderman Devine. 1-nay-Alderwoman Miller, 0-abstained. Motion carried. B. Motion to approve an Ordinance granting a use variance to allow three horses for the property located at 219 S. Barreville Road. (Director Martin) 3 City of McHenry Council Meeting Minutes 12.21.20 A motion was made by Alderman Santi and seconded by Alderman Glab to approve Individual Agenda items as presented Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine. 1-nay- Alderwoman Miller, 0-abstained. Motion carried. C. Motion to enter into a Commercial Tenant Incentive Grant agreement with Jexal's Wing- Zeria, located at 1260 N. Green Street, in an amount not to exceed $15,000. (Director Martin) Want to install roof system state of the art, this will not be funded until next budget year, no previous funding had been requested. No public comment A motion was made by Alderman Santi and seconded by Alderman Harding to approve Individual Agenda items as presented Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Hardin, Alderman Mihevc, Alderman Devine. 0-nay- Alderwoman Miller, 0-abstained. Motion carried. E. Motion to approve a budget amendment Ordinance in the amount of $45,498 in the FY20/21 Parks Developer Donations Fund; and, to approve an expenditure in the amount of $45,498 for the purchase of a 40' x 60' pavilion for Veteran's Memorial Park from Porter Corporation/Poligon. (Director Hobson) Improvement of Veteran's Park and the washroom structure was the start of this project per Director of Parks and Recreation Hobson, it is taking longer than he would have liked. The new pavilion was also a key item for an upgrade, allowing some multi -seasonal functions. A synthetic ice rink or smaller rink may be added to that plan. Due to the concern over pricing in construction materials, due to COVID, he would like to approve this locked in pricing. The above pricing will be held from the fall if we approved. A motion was made by Alderman Santi and seconded by Alderman Schaefer to approve Individual Agenda items as presented Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Hardin, Alderman Mihevc, Alderman Devine. 0-nay- Alderwoman Miller, 0-abstained. Motion carried. 4 City of McHenry Council Meeting Minutes 12.21.20 Discussion Items. Staff Reports: Director of Parks and Recreation Hobson, explained that the finalized 1st McHenry Christmas House Decoration winners have been announced and it was also posted on social media. A Thank you went out to Alderwoman Miller and realtor team for the gift cards along with her help with other donations by local realtors. Mayor's Report: Merry Christmas & Happy New Year! City Council Comments: Alderman Schaefer was looking at the grant information out General Fund, wanted to know if there was a way to add on to the applications. He wants to get quotes form McHenry or Lake County, and wanted to see if we can add that as a line item on the application. Administrator Morefield stated that preference would be given to businesses in McHenry county etc. This will be reviewed and could be added as a line item for the application process, per Attorney McArdle this is legal and they are able to add this. Executive Session if Needed: Not at this time. Adjourn: A motion was made Alderman Santi and seconded by Alderman Harding to adjourn the meeting at 8:45PM. Roll Call: Vote:8-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller, Mayor Jett. 0-nay-, 0-abstained. Motion carried. Mayor Wayne Jett KI City Clerk Trisha Ramel Expense Approval Register w McHenry, IL List of Bills Council Meeting- 1-18-21 r So aft Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: ACE HARDWARE, MCHENRY ACE HARDWARE, MCHENRY 108032 12/25/20 01/18/2021 MTHLY 100-03-6110 64.94 ACE HARDWARE, MCHENRY 108032 12/25/20 01/18/2021 MTHLY 100-22-5370 21.20 ACE HARDWARE, MCHENRY 108032 12/25/20 01/18/2021 MTHLY 100-33-5370 57.12 ACE HARDWARE, MCHENRY 108032 12/25/20 01/18/2021 MTHLY 100-33-6110 33.76 ACE HARDWARE, MCHENRY 108032 12/25/20 01/18/2021 MTHLY 100-45-6110 417.16 ACE HARDWARE, MCHENRY INV0010913 01/18/2021 MTHLY 510-31-6110 249.39 ACE HARDWARE, MCHENRY INV0010913 01/18/2021 MTHLY 510-32-5375 198.41 ACE HARDWARE, MCHENRY INV0010913 01/18/2021 MTHLY 510-32-5380 171.91 ACE HARDWARE, MCHENRY INV0010913 01/18/2021 MTHLY 510-35-6110 13.66 Vendor ACE HARDWARE, MCHENRY Total: 1,227.55 Vendor: ADVANCED AUTOMATION AND CONTROLS INC ADVANCED AUTOMATION AND 20-3530 01/18/2021 SCADA SW/HW UPG PW 510-31-8500 20,365.00 Vendor ADVANCED AUTOMATION AND CONTROLS INC Total: 20,365.00 Vendor: BAXTER & WOODMAN BAXTER & WOODMAN 0219094 01/18/2021 OAKWOOD DR BRIDGE REHAB 270-00-8600 10,222.48 Vendor BAXTER & WOODMAN Total: 10,222.48 Vendor: DYNAMIC CONTRACTING SERVICES, LLC DYNAMIC CONTRACTING 1 01/18/2021 HAZ MAT REM FOR DEMO OF 510-32-8500 25,600.00 Vendor DYNAMIC CONTRACTING SERVICES, LLC Total: 25,600.00 Vendor: EBY GRAPHICS INC EBY GRAPHICS INC 7239 01/18/2021 321 VEH GRAPHIC 100-01-8200 495.00 EBY GRAPHICS INC 7259 01/18/2021 322 VEH GR 100-01-8200 495.00 Vendor EBY GRAPHICS INC Total: 990.00 Vendor: FOX VALLEY FIRE & SAFETY FOX VALLEY FIRE & SAFETY IN00402690 01/18/2021 LA TRINIDAD INSTALL 225-00-5110 195.00 FOX VALLEY FIRE & SAFETY IN00403513 01/18/2021 RADIO MAINT 11/16-12/15/20 225-00-5110 1,391.00 Vendor FOX VALLEY FIRE & SAFETY Total: 1,586.00 Vendor: FREUND & SON INC, S H FREUND & SON INC, S H 12-10-2020 01/18/2021 PD BUILDOUT 100-01-8200 26,839.00 Vendor FREUND & SON INC, S H Total: 26,839.00 Vendor: HERNANDEZ, ADRIAN HERNANDEZ, ADRIAN P110521 01/18/2021 OVERPD PK TICKET 100-22-3510 25.00 Vendor HERNANDEZ, ADRIAN Total: 25.00 Vendor: ILLINOIS AUDIO PRODUCTIONS ILLINOIS AUDIO PRODUCTIONS 115052 01/18/2021 QTRLY ON HOLD SVS 620-00-5110 135.00 Vendor ILLINOIS AUDIO PRODUCTIONS Total: 135.00 Vendor: LEXISNEXIS LEXISNEXIS 1236684-20201231 01/18/2021 PHONE SEARCHES 100-22-5110 137.50 Vendor LEXISNEXIS Total: 137.50 Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK MCANDREWS PC, THE LAW 12-22-20 01/18/2021 DECEMBER 2020 TRAFFIC 100-01-5230 4,000.00 Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total: 4,000.00 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 95039 01/18/2021 NEW WATER BILLS 100-04-5330 2,172.16 Vendor MINUTEMAN PRESS OF MCH Total: 2,172.16 Vendor: NAPA AUTO PARTS MPEC NAPA AUTO PARTS MPEC 1370 SM#977 01/18/2021 MTHLY PARTS 100-22-5370 1,413.60 NAPA AUTO PARTS MPEC 1370 SM#977 01/18/2021 MTHLY PARTS 100-33-5370 544.54 NAPA AUTO PARTS MPEC 1370 SM#977 01/18/2021 MTHLY PARTS 100-33-6115 61.58 1/13/2021 11:48:05 AM Expense Approval Register Vendor Name Payable Number NAPA AUTO PARTS MPEC 1370 SM#977 NAPA AUTO PARTS MPEC INV0010914 NAPA AUTO PARTS MPEC INV0010914 NAPA AUTO PARTS MPEC INV0010914 Vendor: OBERG, SARAH OBERG,SARAH P99195 Vendor: PITNEY BOWES INC PITNEY BOWES INC 1017001178 Vendor: SEMROW JR, HARRY H SEMROW JR, HARRY H 12-19-20 SEMROW JR, HARRY H 12-19-20 Vendor: SHAW MEDIA SHAW MEDIA 1047412/31/20 Vendor: STANARD & ASSOCIATES INC STANARD &ASSOCIATES INC SA000045863 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 078322 ULTRA STROBE 078329 Packet: APPKT02007-1-18-21 AP CKS Post Date Description (Item) Account Number Amount 01/18/2021 MTHLY PARTS 100-45-5370 75.56 01/18/2021 MTHLY PARTS 510-32-5370 81.99 01/18/2021 MTHLY PARTS 510-32-5380 98.41 01/18/2021 MTHLY PARTS 510-35-5370 10.11 Vendor NAPA AUTO PARTS MPEC Total: 2,285.79 01/18/2021 VERPD PARKING TKT 100-22-3510 25.00 Vendor OBERG, SARAH Total: 25.00 01/18/2021 DM METER 100-04-5310 261.00 Vendor PITNEY BOWES INC Total: 261.00 01/18/2021 ADJ JUDGE 100-03-5110 60.00 01/18/2021 ADJ JUDGE 100-22-5110 540.00 Vendor SEMROW JR, HARRY H Total: 600.00 01/18/2021 LEVY LGL NOTICE 100-01-5330 55.70 Vendor SHAW MEDIA Total: 55.70 01/18/2021 K ZAJAC EVAL 100-21-5110 395.00 Vendor STANARD & ASSOCIATES INC Total: 395.00 01/18/2021 321 100-01-8300 3,228.44 01/18/2021 REM/INSTALL EQUIP 100-01-8300 3,178.49 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 6,406.93 Grand Total: 103,329.11 1/13/2021 11:48:05 AM Expense Approval Register Packet: APPKT02007-1-18-21 AP CKS Fund Summary Fund 100-GENERAL FUND 225-ALARM BOARD FUND 270 - MOTOR FUEL TAX FUND 510 - WATER/SEWER FUND 620 - INFORMATION TECHNOLOGY FUND Grand Total: Expense Amount 44,596.75 1,586.00 10,222.48 46,788.88 135.00 103,329.11 McHenry, IL Vendor Name Payable Number Vendor: ADAMS STEEL SERVICE & SUPPLY, INC ADAMS STEEL SERVICE & JAN2021-4 Vendor: ADVANCED AUTOMATION AND CONTROLS INC ADVANCED AUTOMATION AND 20-3529 Vendor: ARAMARK ARAMARK 23031448 ARAMARK 23035647 ARAMARK 23044588 Vendor: AT&T AT&T 3875559509 Vendor: AUTO TECH CENTERS INC AUTO TECH CENTERS INC INVO62702 Vendor: BADGER METER INC BADGER METER INC 80065959 Vendor: BUCK BROS INC BUCK BROS INC 284314 Vendor: BUSS FORD SALES BUSS FORD SALES 5039855 BUSS FORD SALES 5039883 BUSS FORD SALES 5039885 BUSS FORD SALES 5039898 BUSS FORD SALES 6069339 BUSS FORD SALES 609341 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 63825 CABAY & COMPANY INC 63898 Vendor: CENTURY SPRINGS CENTURY SPRINGS 2611287 CENTURY SPRINGS 2617495 Vendor: CINTAS CINTAS 5046749443 Vendor: COMCAST CABLE COMCAST CABLE 0291 1-1-21 COMCAST CABLE 0595 12-20-20 COMCAST CABLE 31361-4-21 COMCAST CABLE 7920 12-27-20 Expense Approval Register #2 List of Bills Council Meeting- 1-18-21 Post Date Description (Item) Account Number Amount 01/18/2021 Oxy-Acetylene Torch Bottle 100-33-6110 100.00 Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total: 100.00 01/18/2021 mapping tags for Waterly inv 510-31-5110 230.00 Vendor ADVANCED AUTOMATION AND CONTROLS INC Total: 230.00 01/18/2021 Clothing Allowance:Friedle 100-45-4510 66.60 01/18/2021 Clothing Allowance:Friedle 100-45-4510 48.60 01/18/2021 Clothing Allowance:Friedle 100-45-4510 150.45 Vendor ARAMARK Total: 265.65 01/18/2021 AT&T Fiber Internet 100M 620-00-5110 1,129.25 Vendor AT&T Total: 1,129.25 01/18/2021 new squads 100-22-5370 334.55 Vendor AUTO TECH CENTERS INC Total: 334.55 01/18/2021 Dec meter software in 510-31-5110 412.65 Vendor BADGER METER INC Total: 412.65 01/18/2021 Sewer Gator Drive Belt- 510-32-5370 59.69 Vendor BUCK BROS INC Total: 59.69 01/18/2021 316 5039855 100-22-5370 101.63 01/18/2021 316(5039883) 100-22-5370 76.42 01/18/2021 322 5039885 100-22-5370 24.62 01/18/2021 322 5039898 100-22-5370 134.95 01/18/2021 433(6069339) 100-33-5370 311.90 01/18/2021 312(609341) 100-22-5370 2,026.50 Vendor BUSS FORD SALES Total: 2,676.02 01/18/2021 Cleaning supplies 400-00-6111 357.08 01/18/2021 floor sweeper repair inv 63898 100-33-5115 445.63 Vendor CABAY & COMPANY INC Total: 802.71 01/18/2021 Lab Water Inv# 2611287 510-32-6110 27.00 01/18/2021 Lab Water INV # 2617495 510-32-6110 19.00 Vendor CENTURY SPRINGS Total: 46.00 01/18/2021 December First Aid Cabinet 400-00-6130 126.04 Vendor CINTAS Total: 126.04 01/18/2021 CH Cable TV 620-00-5110 31.54 01/18/2021 Lakeland Park Community 620-00-5110 168.45 01/18/2021 WW Cable TV & Internet 620-00-5110 139.96 01/18/2021 CH Monthly Internet 620-00-5110 148.40 Vendor COMCAST CABLE Total: 488.35 1/13/2021 12:00:12 PM Expense Approval Register Packet: APPKT02008 - 1-18-21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 5508591745.001 01/18/2021 12 GE -Lamps (Shop) - INV# 100-33-6115 171.71 Vendor CRESCENT ELECTRIC SUPPLY CO Total: 171.71 Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS 1172755 01/18/2021 SWWTP-Sludge Building Boiler 510-32-5375 1,168.92 DREISILKER ELECTRIC MOTORS 1172756 01/18/2021 Bearings &Exhaust Fan Belts 510-32-5375 124.34 Vendor DREISILKER ELECTRIC MOTORS INC Total: 1,293.26 Vendor: DUSTY'S DC ELECTRIC AND POWDER COATING DUSTY'S DC ELECTRIC AND 9873 01/18/2021 SWWTP-Generator Starter 510-32-5375 450.00 Vendor DUSTY'S DC ELECTRIC AND POWDER COATING Total: 450.00 Vendor: FAULK BROS CONSTRUCTION INC FAULK BROS CONSTRUCTION 345816 01/18/2021 Sportsfield Supplies 100-45-6110 604.22 Vendor FAULK BROS CONSTRUCTION INC Total: 604.22 Vendor: GALLS LLC GALLS LLC 017159888 01/18/2021 UNIFORM ORDER - HAVENS 100-23-4510 89.45 GALLS LLC 017179637 01/18/2021 UNIFORM ORDER -ADAMS 100-22-4510 87.50 GALLS LLC 017182804 01/18/2021 UNIFORM ORDER - PARDUE 100-22-4510 116.97 GALLS LLC 017186897 01/18/2021 UNIFORM ORDER - 100-22-4510 91.27 GALLS LLC 017192052 01/18/2021 UNIFORM ORDER - FUNK 100-22-4510 41.26 GALLS LLC 017202161 01/18/2021 UNIFORM ORDER - HAVENS 100-23-4510 49.40 GALLS LLC 017213997 01/18/2021 UNIFORM ORDER - EHARDT 100-22-4510 115.31 GALLS LLC 017222510 01/18/2021 UNIFORM ORDER -ALLEN 100-23-4510 91.47 GALLS LLC 017232700 01/18/2021 UNIFORM ORDER - BEIDELMAN 100-23-4510 40.86 GALLS LLC 017237647 01/18/2021 UNIFORM ORDER - EHARDT 100-22-4510 41.33 GALLS LLC 017251760 01/18/2021 UNIFORM ORDER - NOYES 100-22-4510 186.45 GALLS LLC 017321889 01/18/2021 UNIFORM ORDER - 100-23-4510 305.87 GALLS LLC 017343983 01/18/2021 UNIFORM ORDER - NEVILLE 100-23-4510 110.37 Vendor GALLS LLC Total: 1,367.51 Vendor: HANSEN'S ALIGNMENT, DON HANSEN'S ALIGNMENT, DON 1705 01/18/2021 317 1705 100-22-5370 90.00 Vendor HANSEN'S ALIGNMENT, DON Total: 90.00 Vendor: HAWKINS INC HAWKINS INC 4848698 01/18/2021 Chemical Delivery 510-32-6110 8,374.60 HAWKINS INC 4853027 01/18/2021 plant chemicals inv 4853027 510-31-6110 2,998.36 Vendor HAWKINS INC Total: 11,372.96 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 3021671369 01/18/2021 634 (671369) 510-32-5370 390.00 INTERSTATE BILLING SERVICE 3021932866 01/18/2021 405 3021932866 100-33-5370 350.11 INTERSTATE BILLING SERVICE 3021960954 01/18/2021 405 3021960954 100-33-5370 135.00 Vendor INTERSTATE BILLING SERVICE INC Total: 875.11 Vendor: JENSEN SALES CO INC, LEE JENSEN SALES CO INC, LEE 0004261-01 01/18/2021 pump rental for plant 1 ticket 510-31-5110 55.00 JENSEN SALES CO INC, LEE 0004292-01 01/18/2021 pump rental ticket 0004304 510-31-5110 55.00 JENSEN SALES CO INC, LEE 0004304-01 01/18/2021 pump rental ticket 23544 510-31-5110 55.00 Vendor JENSEN SALES CO INC, LEE Total: 165.00 Vendor: JG UNIFORMS INC JG UNIFORMS INC 80158 01/18/2021 SGT. PROMOTIONAL- 100-22-4510 418.80 JG UNIFORMS INC 80160 01/18/2021 VEST COVER ALTERATIONS- 100-22-4510 80.00 JG UNIFORMS INC 80161 01/18/2021 UNIFORM ALTERATIONS - 100-22-4510 35.00 1G UNIFORMS INC 80165 01/18/2021 UNIFORM ORDERS 100-22-4510 145.38 1G UNIFORMS INC 80165 01/18/2021 UNIFORM ORDERS 100-22-4510 182.37 JG UNIFORMS INC 80165 01/18/2021 UNIFORM ORDERS 100-22-4510 407.18 JG UNIFORMS INC 80165 01/18/2021 UNIFORM ORDERS 100-22-4510 174.38 1G UNIFORMS INC 80165 01/18/2021 UNIFORM ORDERS 100-22-4510 182.37 1G UNIFORMS INC 80165 01/18/2021 UNIFORM ORDERS 100-22-4510 182.38 JG UNIFORMS INC 80165 01/18/2021 UNIFORM ORDERS 100-22-4510 200.37 Vendor JG UNIFORMS INC Total: 2,008.23 1/13/2021 12:00:12 PM Expense Approval Register Vendor Name Payable Number Post Date Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 8444104 01/18/2021 KIMBALL MIDWEST 8461716 01/18/2021 KIMBALL MIDWEST 8481304 01/18/2021 Vendor: KIWANIS CLUB OF MCHENRY KIWANIS CLUB OF MCHENRY 10047 01/18/2021 Vendor: MARTIN IMPLEMENT/ ALTA CONSTRUCTION EQUIP. MARTIN IMPLEMENT/ALTA U14773 01/18/2021 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC P06631 01/18/2021 MCCANN INDUSTRIES INC P06672 01/18/2021 MCCANN INDUSTRIES INC P06692 01/18/2021 MCCANN INDUSTRIES INC P06693 01/18/2021 MCCANN INDUSTRIES INC P06859 01/18/2021 MCCANN INDUSTRIES INC P18509 01/18/2021 MCCANN INDUSTRIES INC P18656 01/18/2021 MCCANN INDUSTRIES INC P06680 01/18/2021 MCCANN INDUSTRIES INC P06858 01/18/2021 MCCANN INDUSTRIES INC W01301 01/18/2021 Vendor: MCHENRY SPECIALTIES MCHENRY SPECIALTIES 2020-06 01/18/2021 Vendor: MEADE INC MEADE INC 694981 01/18/2021 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 94976 01/18/2021 MINUTEMAN PRESS OF MCH 95009 01/18/2021 Vendor: MITCHELLI MITCHELLI 25307074 01/18/2021 Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC NORTHWEST ELECTRICAL 17488512 01/18/2021 Vendor: PDC LABORATORIES INC PDC LABORATORIES INC 19447550 01/18/2021 Vendor: PETROCHOICE LLC PETROCHOICELLC 50413291 01/18/2021 PETROCHOICELLC 50418030 01/18/2021 PETROCHOICELLC 50418042 01/18/2021 PETROCHOICELLC 50418043 01/18/2021 PETROCHOICELLC 50418044 01/18/2021 PETROCHOICELLC 50418045 01/18/2021 PETROCHOICELLC 50418047 01/18/2021 PETROCHOICELLC 50418048 01/18/2021 PETROCHOICELLC 50424398 01/18/2021 PETROCHOICELLC 50424413 01/18/2021 PETROCHOICELLC 50424414 01/18/2021 PETROCHOICELLC 50424415 01/18/2021 PETROCHOICELLC 50424416 01/18/2021 PETROCHOICELLC 50424417 01/18/2021 Packet: APPKT02008 - 1-18-21 RECT INVOICE Description (Item) Account Number Amount kmball stock 100-33-5370 205.08 kimball stock 100-33-5370 208.56 kimball (8481304) 510-35-5370 819.32 Vendor KIMBALL MIDWEST Total: 1,232.96 Kiwanis- Lunches 100-46-6110 30.00 Vendor KIWANIS CLUB OF MCHENRY Total: 30.00 449 u14773 100-33-5370 459.43 Vendor MARTIN IMPLEMENT/ ALTA CONSTRUCTION EQUIP. Total: 459.43 448 po6631 100-33-5370 935.21 448 po6672 100-33-5370 200.40 444 po6692 100-33-5370 80.00 448 po6693 100-33-5370 45.50 810 (po6859) 510-35-5370 1,393.27 Concrete Supplies (Rd Pgm) 100-33-6110 122.14 2021 Rd Prgm -ADA Ramps 100-33-6110 2,292.28 448(po6680) 100-33-5370 505.00 811(po6858) 510-35-5370 8.25 backhoe (w01301) 100-33-5370 3,280.69 Vendor MCCANN INDUSTRIES INC Total: 8,862.74 PLAQUES 100-22-6210 100.00 Vendor MCHENRY SPECIALTIES Total: 100.00 Traffic Signal Maintenance 100-33-5110 562.33 Vendor MEADE INC Total: 562.33 Lumber Notary Stamp 100-22-6210 33.75 Holiday Lights Signs 100-41-6920 65.00 Vendor MINUTEMAN PRESS OF MCH Total: 98.75 truck software renewal 100-33-6115 3,120.00 Vendor MITCHELLI Total: 3,120.00 outside lights plantl,4 in 510-31-6110 907.54 Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total: 907.54 December samples Inv 510-31-5110 1,452.50 Vendor PDC LABORATORIES INC Total: 1,452.50 FUEL50413291 100-22-6250 1,281.67 Fuel - UTY - 50418030 510-35-6250 128.94 Fuel Bill 100-03-6250 27.93 Fuel - WW - 50418043 510-32-6250 233.96 Fuel - WTR - 50418044 510-31-6250 77.86 Fuel# 50418045 100-45-6250 133.65 Fuel - STS - 50418047 100-33-6250 431.23 FUEL50418048 100-22-6250 1,355.68 Fuel - UTY - 504243698 510-35-6250 272.25 Fuel Bill 100-03-6250 67.47 Fuel - WW - 50424414 510-32-6250 221.37 Fuel - WTR - 50424415 510-31-6250 92.51 Fuel#50424416 100-45-6250 142.55 Fuel - STS - 50424417 100-33-6250 639.22 1/13/2021 12:00:12 PM Expense Approval Register Packet: APPKT02008 - 1-18-21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount PETROCHOICE LLC 50424418 01/18/2021 FUEL50424418 100-22-6250 1,154.29 PETROCHOICE LLC 50430006 01/18/2021 Fuel - UTY - 50430006 510-35-6250 279.93 PETROCHOICE LLC 50430019 01/18/2021 Fuel- WW-50430019 510-32-6250 230.73 PETROCHOICE LLC 50430020 01/18/2021 Fuel - WTR - 50430020 510-31-6250 28.63 PETROCHOICE LLC 50430021 01/18/2021 Fuel# 50430021 100-45-6250 193.63 PETROCHOICE LLC 50430022 01/18/2021 Fuel - STS - 50430022 100-33-6250 1,315.68 PETROCHOICE LLC 50430023 01/18/2021 FUEL50430023 100-22-6250 1,112.40 PETROCHOICE LLC 50432242 01/18/2021 Fuel - STS - 50432242 100-33-6250 177.03 PETROCHOICE LLC 50432243 01/18/2021 FUEL50432243 100-22-6250 29.91 Vendor PETROCHOICE LLC Total: 9,628.52 Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 179702 01/18/2021 TICKET WRITING PAPER 100-22-6210 176.85 PETTIBONE & CO, P F 179721 01/18/2021 MILITARY SERVICE PINS 100-22-6110 100.00 PETTIBONE & CO, P F 179745 01/18/2021 BADGES 1132-1133 100-22-6110 666.00 Vendor PETTIBONE & CO, P F Total: 942.85 Vendor: RADAR MAN INC RADAR MAN INC 4841 01/18/2021 RADAR REPAIR 100-22-6110 213.00 Vendor RADAR MAN INC Total: 213.00 Vendor: RECORD -A -HIT -ENTERTAINMENT RECORD -A -HIT- 211011 01/18/2021 Camp - Workshop #9 (Slide) 100-46-5110 197.50 Vendor RECORD -A -HIT -ENTERTAINMENT Total: 197.50 Vendor: SENCOMMUNICATIONS INC SENCOMMUNICATIONS INC IN0983566 01/18/2021 REPAIR CABLE HEADSET 100-23-6110 122.00 Vendor SENCOMMUNICATIONS INC Total: 122.00 Vendor: SHERWIN-WILLIAMS CO, THE SHERWIN-WILLIAMSCO, THE 55386 01/18/2021 Recreation Center Supplies 400-00-6110 45.98 SHERWIN-WILLIAMS CO, THE 56376 01/18/2021 Painting supplies 100-33-6110 60.83 Vendor SHERWIN-WILLIAMS CO, THE Total: 106.81 Vendor: STANS LPS MIDWEST STANS LPS MIDWEST 357754 01/18/2021 MFP Monthly Page Count Ricoh 620-00-5110 321.61 Vendor STANS LPS MIDWEST Total: 321.61 Vendor: STOCK + FIELD STOCK +FIELD 1150212/31/20 01/18/2021 Shop Supplies 100-45-6110 27.88 Vendor STOCK + FIELD Total: 27.88 Vendor: TOPS IN DOG TRAINING CORP TOPS IN DOG TRAINING CORP 22512 01/18/2021 BOARDING 100-22-6310 75.00 Vendor TOPS IN DOG TRAINING CORP Total: 75.00 Vendor: TRAFFIC CONTROL CORPORATION TRAFFIC CONTROL 125780 01/18/2021 Crosswalk parts # 125780 100-33-6110 133.00 TRAFFIC CONTROL 125981 01/18/2021 Crosswalk Post 100-33-6110 655.00 Vendor TRAFFIC CONTROL CORPORATION Total: 788.00 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 078337 01/18/2021 REMOVE/INSTALL GUN LOCK 100-22-5370 80.00 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 80.00 Vendor: VERIZON CONNECT NWF, INC VERIZON CONNECT NWF, INC CITY392OSV002325998 01/18/2021 GPS for PW Fleet (December 620-00-5110 446.94 Vendor VERIZON CONNECT NWF, INC Total: 446.94 Vendor: WAY 2 EASY, INC WAY 2 EASY, INC 160183 01/18/2021 Door Access System Upgrade 620-00-8300 2,410.00 Vendor WAY 2 EASY, INC Total: 2,410.00 Vendor: WORKPLACE SOLUTIONS WORKPLACE SOLUTIONS INV21901 01/18/2021 EAP Services 1/1/21-1/31/21 100-05-5110 450.42 Vendor WORKPLACE SOLUTIONS Total: 450.42 Grand Total: 57,705.69 1/13/2021 12:00:12 PM Expense Approval Register Packet: APPKT02008 - 1-18-21 RECT INVOICE Fund Summary Fund 100-GENERAL FUND 400 - RECREATION CENTER FUND 510 - WATER/SEWER FUND 620 - INFORMATION TECHNOLOGY FUND Grand Total: Expense Amount 31,813.82 529.10 20,566.62 4,796.15 57,705.69 AS -NEEDED CHECKS COUNCIL MEETING 1-18-2021 100 100-01-8200 ACE HARDWARE, MCHENRY 12/04/2020 199.32 100 100-33-6110 ACE HARDWARE, MCHENRY 12/04/2020 149.01 100 100-45-6110 ACE HARDWARE, MCHENRY 12/04/2020 240.28 100 100-47-6110 ACE HARDWARE, MCHENRY 12/04/2020 9.53 510 510-31-6110 ACE HARDWARE, MCHENRY 12/04/2020 93.06 510 510-32-5375 ACE HARDWARE, MCHENRY 12/04/2020 172.10 510 510-32-6110 ACE HARDWARE, MCHENRY 12/04/2020 86.74 510 510-35-6110 ACE HARDWARE, MCHENRY 12/04/2020 30.34 100 100-45-6110 ADVANCED TURF SOLUTIONS 12/04/2020 215.60 620 620-00-5110 AT&T 12/04/2020 1498.28 620 620-00-5320 AT&T 12/04/2020 1244.91 510 510-32-5510 COMED 12/04/2020 48.15 100100-45-5510 COMED 12/04/2020 24.33 100 100-47-5110 GOLF ACADEMY AT TERRA COTTA LLC 12/04/2020 220.00 100 100-01-8200 HOME DEPOT CREDIT SERVICES 12/04/2020 730.67 100 100-03-6110 HOME DEPOT CREDIT SERVICES 12/04/2020 424.31 100 100-33-6110 HOME DEPOT CREDIT SERVICES 12/04/2020 1138.75 100 100-45-6110 HOME DEPOT CREDIT SERVICES 12/04/2020 299.41 510 510-32-5375 HOME DEPOT CREDIT SERVICES 12/04/2020 157.66 510 510-32-6110 HOME DEPOT CREDIT SERVICES 12/04/2020 266.69 510 510-35-6110 HOME DEPOT CREDIT SERVICES 12/04/2020 68.17 100 100-01-8900 ILLINOIS DEPT OF NATURAL RESOURCES 12/04/2020 1100.00 100 100-47-5410 ILLINOIS SWIMMING INC 12/04/2020 162.00 100 100-45-5110 MENDEZ LANDSCAPING & BRICK PAVERS INC 12/04/2020 200.00 100 100-45-5110 MENDEZ LANDSCAPING & BRICK PAVERS INC 12/04/2020 300.00 100 100-45-5110 MENDEZ LANDSCAPING & BRICK PAVERS INC 12/04/2020 300.00 510 510-32-5110 NATIONAL FLOOD INSURANCE PROGRAM 12/04/2020 800.00 100 100-00-3835 PALMER, GERI 12/04/2020 40.80 510 510-32-6110 PDC LABORATORIES INC 12/04/2020 60.00 510 510-32-6110 PDC LABORATORIES INC 12/04/2020 60.00 510 510-32-6110 PDC LABORATORIES INC 12/04/2020 60.00 510 510-32-6110 PDC LABORATORIES INC 12/04/2020 60.00 510 510-32-5375 QUINCY COMPRESSOR, LLC 12/04/2020 160.36 510 510-32-5375 QUINCY COMPRESSOR, LLC 12/04/2020 157.29 100 100-47-5110 ROSS, KAYLEE 12/04/2020 385.00 100 100-01-6940 SECRETARY OF STATE 12/04/2020 150.00 620 620-00-5110 STANS LIPS MIDWEST 12/04/2020 495.00 620 620-00-5110 STANS LIPS MIDWEST 12/04/2020 495.00 510 510-31-5110 WATER WELL SOLUTIONS 12/04/2020 9990.00 100100-01-5110 HRGREEN 12/11/2020 3200.00 100100-01-5110 HRGREEN 12/11/2020 2800.00 100 100-45-6110 MULCH CENTER, THE 12/11/2020 2800.00 100 100-45-5110 NATURESCAPE DESIGN INC 12/11/2020 325.00 510 510-32-6110 PLATINUM HEATING & COOLING INC 12/11/2020 1971.53 510 510-31-5110 REICHE'S PLUMBING SEWER RODDING CORP 12/11/2020 210.00 100 100-03-5120 SCHWALENBERG, RYAN 12/11/2020 76.80 100 100-04-6210 STAPLES BUSINESS CREDIT 12/11/2020 56.73 100 100-04-6250 STAPLES BUSINESS CREDIT 12/11/2020 47.50 100 100-33-6210 STAPLES BUSINESS CREDIT 12/11/2020 110.49 5100 510-32-6210 STAPLES BUSINESS CREDIT 12/11/2020 98.78 100100-30-5310 UPS 12/11/2020 7.03 510 510-32-5310 UPS 12/11/2020 4.55 620 620-00-5320 VERIZON WIRELESS 12/11/2020 2322.73 510 510-32-5580 WINNEBAGO LANDFILL CO 12/11/2020 1100.00 100 100-06-6110 WOLF DOROTHY 12/11/2020 29.07 100 100-03-5120 CINTAS CORPORATION LOC 355 12/18/2020 92.16 100 100-33-4510 CINTAS CORPORATION LOC 355 12/18/2020 207.52 100 100-33-6110 CINTAS CORPORATION LOC 355 12/18/2020 180.04 510 510-32-4510 CINTAS CORPORATION LOC 355 12/18/2020 572.12 280 280-41-8800 PORTER CORP 12/18/2020 21270.00 620 620-00-5110 QUBIT NETWORKS 12/18/2020 692.00 100 100-01-6940 SECRETARY OF STATE/INDEX DEPT 12/18/2020 10.00 100 100-01-6940 SECRETARY OF STATE/INDEX DEPT 12/18/2020 10.00 100 100-01-6940 SECRETARY OF STATE/INDEX DEPT 12/18/2020 10.00 100100-41-6210 SYNCB/AMAZON 12/18/2020 58.75 100100-45-6210 SYNCB/AMAZON 12/18/2020 24.73 100100-46-6110 SYNCB/AMAZON 12/18/2020 27.41 100100-47-6110 SYNCB/AMAZON 12/18/2020 144.51 400 400-00-6110 SYNCB/AMAZON 12/18/2020 29.84 100100-01-5310 UPS 12/18/2020 8.78 100100-30-5310 UPS 12/18/2020 4.52 100 100-05-5110 WORKPLACE SOLUTIONS 12/18/2020 450.42 100 100-03-6110 MCHENRY COUNTY RECORDER OF DEEDS 12/31/2020 1.50 100 100-03-5120 MENDEZ LANDSCAPING & BRICK PAVERS INC 12/31/2020 360.00 100 100-03-5120 MENDEZ LANDSCAPING & BRICK PAVERS INC 12/31/2020 300.00 510 510-31-5110 MIDWEST PLUMBING, INC 12/31/2020 35.00 100 100-42-5510 NICOR GAS 12/31/2020 692.60 100 100-43-5510 NICOR GAS 12/31/2020 108.53 100 100-45-5510 NICOR GAS 12/31/2020 430.36 100 100-46-5510 NICOR GAS 12/31/2020 47.63 400 400-00-5510 NICOR GAS 12/31/2020 278.01 510 510-31-5510 NICOR GAS 12/31/2020 1096.68 510 510-32-5510 NICOR GAS 12/31/2020 7135.88 100 100-01-5330 SHAW MEDIA 12/31/2020 975.00 100 100-06-5330 SHAW MEDIA 12/31/2020 99.92 100 100-41-5110 SHAW MEDIA 12/31/2020 497.90 100 100-22-4510 TONY'S FAMILY TAILOR SHOP 12/30/2020 8.00 100 100-22-4510 TONY'S FAMILY TAILOR SHOP 12/31/2020 35.00 100 100-22-4510 TONY'S FAMILY TAILOR SHOP 12/31/2020 3.00 100 100-22-4510 TONY'S FAMILY TAILOR SHOP 12/31/2020 4.50 100 100-22-6110 TONY'S FAMILY TAILOR SHOP 12/31/2020 32.00 100 100-06-5110 TOWN PLANNER 12/31/2020 600.00 620 620-00-5110 U.S. BANK 12/31/2020 658.42 100 100-01-5310 UPS 12/31/2020 6.79 100 100-22-5310 UPS 12/31/2020 4.88 100 100-22-5310 UPS 12/31/2020 4.27 100 100-30-5310 UPS 12/31/2020 6.47 620 620-00-5110 UPS 12/31/2020 9.05 620 620-00-5110 VERMONT SYSTEMS INC 12/31/2020 6971.58 510 510-32-5580 WINNEBAGO LANDFILL CO 12/31/2020 2039.08 510 510-32-5375 BERKHEIMER CO INC, G W 12/31/2020 39.40 620 620-00-5110 MCHENRY COUNTY RECORDER OF DEEDS 12/31/2020 275.00 100 100-22-5110 PROSHRED SECURITY 12/31/2020 63.00 100 100-01-5310 PURCHASE POWER 12/31/2020 22.35 100 100-03-5310 PURCHASE POWER 12/31/2020 277.50 100 100-04-5310 PURCHASE POWER 12/31/2020 1778.75 100 100-22-5310 PURCHASE POWER 12/31/2020 551.80 100 100-30-5310 PURCHASE POWER 12/31/2020 54.55 100 100-41-5310 PURCHASE POWER 12/31/2020 50.00 205 205-00-5310 PURCHASE POWER 12/31/2020 4.05 510 510-32-5310 PURCHASE POWER 12/31/2020 13.50 100100-01-8200 SYNCB/AMAZON 12/31/2020 991.95 100100-22-6210 SYNCB/AMAZON 12/31/2020 165.44 100100-22-6270 SYNCB/AMAZON 12/31/2020 2945.93 620 620-00-5110 US BANK EQUIPMENT FINANCE TOTAL: 12/31 /2020 336.21 91257.25 Wayne Jett, Jr. Mayor City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT DATE: January 18, 2021 TO: McHenry City Council FROM: Wayne Jett, Jr., Mayor RE: Motion to approve the transfer of a Class C liquor license from V4 Gasoline, Inc. to Rahyl Petroleum LLC ATT: Application for Liquor License AGENDA ITEM SUMMARY: Mr. Indeep Singh has submitted application for the transfer of the existing Class "C" Liquor License for a business currently located at 4713 W. Elm Street (McHenry Marathon Gasoline & Food Mart). BACKGROUND: The Class "C" liquor license permits the retail sale of packaged alcoholic liquor only. No consumption of alcoholic liquor shall be permitted on the premises. The Business Agent listed does not qualify to be the agent due to living further than 10 miles from the city limits and, as such, Mr. Singh will be given 30 days to find a qualified agent provided that this application is approved by City Council. ANALYSIS: All required paperwork has been submitted and Mr. Singh has been fingerprinted by McHenry Police. The request before Council is for the consideration and approval of a Class C Liquor License transfer conditioned upon a satisfactory background check results and the ability to identify an eligible Business Agent within 30 days of approval. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to approve the transfer of a Class C Liquor License from V4 Gasoline, Inc. to Rahyl Petroleum LLC conditioned upon the completion of a satisfactory background check and the identification of an eligible Business Agent within 30 days. The City of McHenry is dedicated to providing its citisens, businesses, and visitors with the highest quality ofprograms and services in a customer -oriented, efficient, and fiscally responsible manner. Psane 1 of 7 Jk�i' CITY OF MCHENRY \l�l��. APPLICATION FOR LIQUOR LICENSE This section o be completed. y McHenry City Staff License Number: Fee Received: License Issue Date: Date Fee Received: License Effective Date: Date Receipt Issued: Payment Type: (Cash, Cashiers Check, Certified Check Check Number: Notice: All Liquor License Applications are to be filed with the Office of the Mayor. All licenses expire on April 30ei following the date of issuance. A' L S�^T;.:`.� i,ir T; ileY .lk 11i'C 4T1�ir 11111ST R'!Z r•11 1 !r1 P11 IT Tnt ITI tr-111 1 \! A \1 r' IJ�1 T! lr�1f'1 lq IT1�'11Tl� a.i4./%j { U,` t (LLLLt \/ V 1 ( 1\y t 1 41 \JLL 1 ."fi`.y ItV . i i li\ J�11i 4 i ..� t; .-. e-1 a i1 rlv a•l li" .,_ t.>4 +; Kk'f-t t ; c, a Y � ;2 a (y'�!-!x•a+, �1(<r�r SectionClassification Date of Application: I i 2 license Type: Class A, Class B, Class C, Class D, Class E Catering Endorsement: Yes / No IUO New license or Transfer of license select one) y e Name of Business Address Telephone Email Address I;frum LLL N713 w66427 S't ► 7chev L6cary 317z2$ 60C3 Section3:•• Type of Business: (Select One: Club, Sole Proprietor, Partnership, LLC or Corporation) Attached Business Filing with State L -� Principal Type of Business: (Identify One: Bar, restaurant, retail store, hotel restaurant, gas station, gaming parlor, etc.)I� f Do you intend to apply for gaming machines through the State of Illinois? (Yes or No List State of filing for LLC, Corporation, Partnership and Sole Proprietor: How long has the sole proprietor, Club, Partnership, Corporation or LLC been in the business of selling alcohol? List Date SectionZoning What Zonin Classification is business ro ? (Select One: Section• • Date on which the business opened or will open at the above Business Location: Is the property at which the applicant business is located owned or leased by the applicant? QA I teased lease list owner in rmatlon below: Person or Business Name: Address: Phone & Email: A copy of the property lease agreement must be attached to this application. Please mark N/A or Attached All A If property is owned by a land trust, trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of Interest. Please mark N/A or Attached ti� ' Is the location of applicant's business for which license is sought within one hundred feet of any church, school (except Institutions of higher education), hospital, funeral home, home for aged or indigent persons or for veterans and their families or any military or naval station? (Yes or No How man rivate progertv pariting sqkces are associated with the business location? (LIST NUMBER) Section List Agent: An Agent is the authorized representative of the Licensee who has supervisory authority over all employees of the license premises. An agent may be an owner, partner, member, or designated manager. Full Name DOB Home Address Citizenship If Naturalized: Birth or list date & place of Naturalization naturalization o L 6 rm? % ' zaii O 1 '7 . 2 of SectionBusiness History Have the applicant(s) (including all 5% or higher owners), corporation, LLC, or partnership ever engaged business or sale of alcoholic li uor at any other location? Yes or No 1 If Yes, list information below. Name of Person Name of associated corporation, LLC or partnership DBA Name Address td • `� �( 0 l ctuc-oso It KC06 L4. Rejk t 14au LKovJ 01 '6i La •D It6Q y Sectiond. • Illinois State Liquor License Number Applicant's Retailer's Occupational tax (ROT) Registration Number Has applicant been delinquent In the payment of the Retailer's Occupational Tax Sales Tax? Yes or No If you answered "Yes" above provide a reason otherwise mark N/A. U '2 71 Section - `7 54 ? S . List the name and address of dram shop insurance company along with the policy number(s) for both the applicant business and the owner of the building in which the alcoholic liquor will be sold for the duration of the license. Name: Address: Policy Number AJLP�IAt e- u'3 (OPM L" o i fE 110 ownAA-i 41c,-Ve it Section 10: Background• Are you familiar with all the laws of the United States, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor, and will you abide by them? (Yes or No) Will you maintain the entire premises In a safe, clean and sanitary manner free from conditions, which might cause accidents? lYes or No Will you attempt to prevent rowdiness, fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take lace? (Yes or No e Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license, advanced money or anything else of value or any credit (other than merchandising credit In the ordinary course of business for a period not In excess of 90 days), or Is such a person directly or Indirectly Interested In the ownership, conduct or operation of the place of business? (Yes or No NO Have any of the applicants, including all listed aaents and partners who have a minimum of a 5% ownership In the business been convicted of any violation of any law pertaining to alcoholic liquors? Yes or No J If "Yes" provide the name of the applicant and a description of the violation Name Description: include date and location Have any of the applicants, Including all listed agents and partners who have a minimum of a 5% ownership in the business been convicted of a felony or misdemeanor? es or No If Wes" provide the name of the applicant and a description of the violation Name Description: Include date and location Section1 • ••: Bad(ground Questionnaire Will you and all your employees refuse io serve or sell alcoholic liquor to an Intoxicated person or to a minor? es or No) Has any owner(s) or member(s) of a Partnership been Issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? !f a Corporation, has any officer, manager, or director thereof; or, any stockholder owning in the aggregate more than twenty (20) percent of the stock, been Issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax erlod? Yes or No If "Yes" provide names , date s and location Name Date and Location of Issuance Have you, or any partner, or owner of 5% or more shares of the business or Agent, ever had a liquor license revoked or suspended? (Yes or No) N / "Yes" provide names ,dates and location Name Date and Location of Offense Is any individual who is directly or Indirectly Interested In applicant's place of business, a law -enforcing official or elected public official (mayor, alderman, and member of any City commission, committee or board)? Yes or Na) 0 If "Yes" provide the name of the Individual and there address and telephone. Name Address and Telephone Have you ever been convicted of a gambling offense (if a partnership or corporation, include all partners, owners u d of S% or more shares of the corporation and the local manager)? Yes or No If "Yes" provide the name of the Individual and the date / location of the offense. L Name I Date and Location of Offense Owner #1: Name e $ Z ,yeti of naturalization DOB Address Phone Percentage of Ownershl Cltizenshl Birth or Naturalization) If Naturalized: List time & place Employment History for Last 10 Years Employer Occupation Address Dates $d I Lk P Al x' ro I - TO olo� Owner #2: Name / DOB Address Phone Percentage of Ownership Cltizenshl Birth or Naturalization If Naturalized: List time & place Em to ment History for Last 1 Years Employer Occu ation Address Dates D a b 8= k7 1 Owner #3: Name of naturalization DOB Address Phone Percenta a of Ownership Cltizenshl Birth or Naturalization If Naturalized: List time & place Em to ment History for Last 10 Years Employer Occupation Address Dates of 7 Owner #4: Name of naturalization DOB Address Phone Percentage of Ownership Gtizenshi Birth or Naturalization If Naturalized: Ust time & place Em to ment History for Last 10 Years Employer Occupation Address Dates Owner #5: Name of naturalization DOB Address Phone Percentage of Ownership citizenship Birth or Naturalization If Naturalized: Ust time & place Em to ment History for Last 10 Years Employer Occupation Address Dates Owner #5: Name of naturalization DOB Address Phone Percentage of ownership citizenship (Birth or Naturalization) If Naturalized: Ust time & place Em to ent History for Last 10 Years Employer Occupation Address Dates sot? Owner #8: of naturalization Name DOB Address Phone Percentage of Ownership Gtizenshi Birth or Naturalization If Naturalized: List time & place Em to ment Historyfor Last 10 Years Employer Occu ation Address Dates Owner #9: Name of naturalization DOB Address Phone Percentage of Ownership Citizenshf Birth or Naturalization If Naturalized: List time & place Em to ment History for Last 10 Years Employer Occupation Address Dates 7of7 Owner #10: Name DOB Address Phone Percentage of utizenshiip (Birth or Naturalization) If Naturalized: List time & place of naturalization for Last 10 Years Dates I, the undersigned, being first duly sworn, deposes and says that I (we), have read the above and foregoing Application, caused the answers to be provided thereto and all of the information given on said Application to be true and correct, and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. SOLE PROPRIETOR: Signature of Applicant Print Name PARTNERSHIP: (Authorized Ag t of the Partnership) ti Signat e Print Name Title CORPORATION: (Authorized Agent of the Corporation) Signature Print Name Title AGENT: (Mus b�signed by Agent also ii agent is not a owner) Signatu of Local Manager Print Name / Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT DATE: January 18, 2021 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: Dryer Sludge Cake Feed Pump Upgrade ATT: Quote from LAI, Ltd. for New Dryer Feed Pump Parts and Installation Budget Amendment Ordinance AGENDA ITEM SUMMARY: Staff requests City Council to consider accepting the proposal from LAI, Ltd. of Rolling Meadows, IL for the replacement of the Dryer Sludge Cake Feed Pump and to consider approval of a budget amendment in the amount of $16,776 from the Water Sewer Capital Development Fund for the project. BACKGROUND: The sludge cake dryer was part of the 2016 Wastewater Division expansion/consolidation project. The sludge cake dryer reduces the volume of sludge cake sent to the landfill, therefore reducing the City's disposal costs. The use of the dryer has allowed the Wastewater Division to reduce sludge cake disposal costs from $195,000 per year in FY2018/2019 to approximately $60,000 per year in FY2020/2021. There are two types of pumps which can be used for the dryer feed operation. One type of pump is a called a progressive cavity pump. This type of pump has a slightly higher initial cost but tends to perform longer without maintenance or rebuilding. The other type of feed pump is a rotary lobe pump. The rotary lobe pump has a lower initial cost but requires replacement of wear items more frequently. The current dryer feed pump design utilizes a rotary lobe pump to feed the sludge cake to the dryer. Wastewater Division staff has had to rebuild the dryer feed pump three to four times per year at a cost of $3,000 to $4,000 annually. The need to rebuild the feed pump this often reduces the available run time on the dryer and increases the disposal costs due to having to temporarily shut down the dryer for pump repair and the increased cost of taking wet sludge cake to the landfill. 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. In addition to the increased disposal cost, an inconsistent sludge cake feed to the dryer results in the dryer temperature becoming too cold or too hot and thus affecting the dried product. Additionally, insufficient drying of the material creates a risk of spontaneous combustion due to the organic material and the moisture content. The City Of McHenry Public Works Committee has reviewed the Dryer Feed Pump upgrade project proposal and concurred with Staff's recommendation to proceed with a budget amendment from the Water Sewer Capital Development Fund and the purchase and installation of new dryer feed pump. ANALYSIS: Staff has reviewed the proposal for switching to a Moyno progressive cavity dryer feed pump and has found it to be acceptable. Installation of the upgraded pump will reduce the maintenance and operating cost of the dryer and will allow for more consistent operation of the dryer. RECOMMENDATION: Therefore if Council concurs, it is recommended to approve a budget amendment in the amount of $16,776.00 from the Water Sewer Capital Development Fund and to accept the proposal from LAI, Ltd. Of Rolling Meadows, IL for a Moyno progressive cavity dryer sludge cake feed pump in an amount not to exceed $16,776.00. ORDINANCE NO.21- AN ORDINANCE AMENDING THE FY202012021 BUDGET FOR THE FISCAL YEAR ENDING APRIL 30, 2021 WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the City of McHenry acting by and through its Mayor and City Council has previously approved the FY20/21 Annual Budget for the Fiscal Year Ending April 30, 2021 by a motion at the Regular City Council Meeting held on April 20, 2020; and WHEREAS, it is necessary and appropriate to delete, add to, or otherwise change certain line items in said Budget Ordinance as provided in Exhibit A to this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: That the amendments to the Budget Ordinance for the Fiscal Year Ending April 30, 2021 are hereby approved in the form and content as provided by Exhibit "A" which is attached hereto and made part hereof. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 18th day of January, 2021. Ayes Nays Absent Abstain Alderman Devine Alderman Glab Alderman Harding Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Trisha Ramel, City Clerk EXHIBIT A The following budget items are amended by this Ordinance: FY20/21 Dryer Feed Pump Upgrade (550 - Water and Sewer Capital Development Fund) - $16,776.00 (A) _LAI Ltd. 5400 NewportDrive • Stuic ,'10 . Rolling Meadows, Illinois 60008 .�iinc� li�i�i 847/392-0990 • F'AX 847/392-1095 QUOTATION SHEET To: Russell Adams City of McHenry — Public Works radamsa,cityofinchenly.org Phone: 815-578-1303 Re: Cake Pump Replacement From: Peter J. Lynch Date: December 15, 2020 CC: Job File 1 PUMP Moyno EZstrip CAKE Pump Model: W15BC11RMA/E; w/ Vulcan Single Mechanical Seal Type: 147; Std Moyno Seal PN: M055139G; 1 BASEASM Carbon Steel Brake Bent Base; 1 MOTOR PN: 4242453004; Weg 5HP 184TC C-Faced Premium Efficient AC Motor; Weg PN: 00518ET3ER184TC- W22 1 GEAR REDUCER NORD C-Faced Reducer; Model: SK672.1F-184TC-200MM; RPM: 95; Ratio: 18.41:1; Flange Mounted w/ 200mm Flange, 30mm X 80mm Shaft; 11.2mm Cross Drilled Pin Hole;Ref Drw: 157630120; Mount Position: M1; Class: II 1 Std Warranty Moyno Standard Warranty: The warranty period is 18 months from the date of shipment from the factory or 12 months from the date of installation at the customer's facility, which ever period expires first; 1 Hopper Chute with 1/4" SS PLATE as per provided drawings Pump Price: $ 16,776.00 Estimated Delivery 12-14 Weeks from receipt of order, or approval for manufacture. Please verify with factory for actual lead time at time of purchase or release for manufacture. Included Estimated Shipping Included Startup Services as required Clarifications Unless specifically mentioned in our detailed offer for each item listed, the following are NOT included in our price whether specified or not: Anchor Bolts, Gauges, Panels, Seal or Packing Flush Hardware, Controls, Contacts, VFDs, Starters (AC Motors), Tools, Valves, Video Equipment/Taping, Lubricants, Pressure Switches, Special Paint or Paint Preparation, Timers, Taxes and Noise & Vibration Testing. Discharge flange mates to 125# ANSI Flat Face Flange Motor provides 20:1 CT NOTE: Credit Card Orders are subject to 3% CC company charge. Quotation is valid for 60 Days. If you should have any questions or need additional information, please contact me Regards, Peter J. Lynch KEY Scope#: MIP027248-02 Customer: NOV Mono Houston Project: McHenry Komline Dryer Open Throat Contact: Pete Lynch Pump and Application Details Moyno® W15BC11 RMA/E Pump Pump Materials Hannah Lei Application Engineer 5870 Poe Avenue Dayton, OH 45414 Phone: Email: Hannah.Lei@nov.com Date: 12-3-19 Castin s C - Cast Iron Shaft Seal Standard Mechanical Seal Internals Stator 1 - Code 1 R - Nitrite Rubber NBR Hopper 9.84 x 29.53 inches o enin Rotor Standard Size Mark 1 -Discharge 3.00IN 125LB ANSI Flat Faced Flange Speed 95 RPM Conditions of Service Material Cake Receiving Description___ Viscosity 20000 CP Capacity 8GPM Vap Press PSI Sp Gravity Temp 1 70 F Suct Pressure 0 PSI NPSH Avail PSI Abrasives None Disch Pressure 100 PSI NPSH Regd PSIA Di ff Pressure 100 PSI H 7 Solids % 18% Hrs/Da 24 Duty Cycle Solids Size 0.25 Avg. to 0.5 Max IN Mechanical Seal Information Vulcan Single Mechanical Seal Type: 147 Shaft Size: 55mm Rotary Face: Silicon Carbide Stationary Face: Silicon Carbide Elastomer: Fluoroelastomer Gland: 316 Stainless Steel Page 12 12/3/2019 Moyno CAPS K'9Y Moyno CAPS® Home Help Support Logout Pump Performance F- ui IIP iviuuei 11 unange conditions View In Excel Data Sheet J ID: 333306 Rate of Flow: Requirements: Calculated: Suction Pressure: 8.000(GPM) Rate Flow: 8.00(GPM) Discharge Pressure: 0(PSI) 100(PSI) Diff. Pressure: Calculated 100.00(PSI) Speed: 83(RPM) Fluid Type: Suggested Speed: 92(RPM) Specific Gravity: Cake Receiving Calculated Power: 2.99(HP) Temperature: 1 Suggested Power: 3.29(HP) Viscosity: 68(F) Operating Torque: 2261.33(In-Lb) Abrasion Level: 20000(CP) Starting Torque: 568.36(In-Lb) None Slip: 0(GPM) Solid Content: 18 Intake Index: 73.50 % Max Partical Size: 0.5(1N) Internal Velocity: 1.74(Ft/s ) Avg. Partical Size: 0.25(IN) NPSHR: 0.63 (Ft of Water) Shear Rate:> 48.91 (Inv Sec) Ver: 3.1.0 2017/08/29 10.117.159.2311 Chrome78 I WinNT https://ws.moyno.com/caps/Result.aspx DISC 125L 17 MOTOR MANUFACTURER: BALDOR/RELIANCE REDUCER MANUFACTURER: NORD MOTOR FRAME: 145TC REDUCER MODEL: Si FVL-140TC-200MM MOTOR HP: 2 MOTOR RPM OUTPUT: 1750 REDUCER RATIO: 10.37:1 MOTOR ASSEMBLY: F1 DESCRIPTION DATE ECN PUMP SHAFT ROTATION IS "CCW" WHEN O _RELEASE FOR SUBMITTAL 10/2/2015 TCg LOOKING AT THE PUMP SHAFT END. RELEASED I 12/18/2015 I CAC I THIRD ANGLE INCHES S IN I I ARE MILLIMETERS TOLERANCES -INCHES: TOLERANCES-mm: 2 PLACE +/_.03 1 PLACE 3 PLACE +/-.010 2PLACE ANGLES +/_,5' ANGLES +/-.5' R. FINISH 125 uin Ra FINISH 3 2 ( r BREAK ALL SHARP EDGES & CORNERS .03 [.81 MA AS CASTTOLERANCES +7-76 1] Al rune SIAIUS : NONE NOTICE This document contains and confidential infonnatbn prot, ordance with the terms and .grime t under which it vgs rele n whole or in part, distribution, put or authorized wfhout express writ) upon Oilwell Varco (NOV) proprietary rpliI laws. It may only be used III or other coninacNal rovided by NOV. No reproduction. 1;aod n1e^ds a D 00040946391-00 is r, All rights re rued SCALE: 1:4 FIN WT: 1043.12A SH Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FOR: January 18, 2021 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Text Amendment(s) to Chapter 13: Fences of the City of McHenry Municipal Code. ATT: Ordinance adopting text amendments to the City of McHenry Municipal Code. AGENDA ITEM SUMMARY: City staff are requesting approval of text amendment(s) to Chapter 13: Fences of the City of McHenry Municipal Code. Changes include increasing the maximum height of decorative style fencing from 3.5 feet to 4 feet and allowing property owners of through -lots the ability to install a 6-foot privacy fence within 5 feet of what would commonly be considered the rear property line. BACKGROUND: The most recent fence variation request for the property located at 214 N Cross Trail revealed a source of inequity in the City's fencing regulations. As you may recall, the owner of the property was requesting a fence variation to allow a 6-foot privacy fence within 5 feet of what most would consider the property's rear lot line. Because Dartmoor abuts the rear lot line of 214 N Cross Trail, the property is defined as a through -lot. The rear lot line of a through -lot is defined by city ordinance as a front yard and therefore requires 25-30 foot setback depending on the zoning district. Only split rail, chain link or wrought iron style fencing may be installed in the rear yard of a through -lot. In contrast, corner lots are permitted to have a 6-foot privacy fence within 5 feet of the corner side street lot line. Both examples involve lot lines within 5-feet of a street lot line except one is permitted by right. Staff are requesting property owners of through -lots also be granted this same privilege. City staff are also requesting to increase the maximum permitted height of split rail, picket and wrought iron style decorative fences from 3.5 feet to 4 feet. This would allow residents greater flexibility in fencing choice. Staff did present these changes to the Planning & Zoning Commission on December 16, 2020 to obtain feedback even though fence regulations are not within the Zoning Ordinance. The Planning & Zoning Commission were supportive of these changes and recommended approval. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org RECOMMENDATION: Therefore, if the City Council concurs, it is recommended the attached ordinance approving text amendments to Chapter 13: Fences of the City of McHenry Municipal Code, be approved (Mayor and City Council vote -simple majority). Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 21- AN ORDINANCE ADOPTING TEXT AMENDMENTS CHAPTER 13: FENCES OF THE CITY OF MCHENRY MUNICIPAL CODE WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed by the City of McHenry requesting text amendments to the City of McHenry Fence Regulations; and WHEREAS, the City of McHenry desires to amend its Fence Regulations to allow property owners greater enjoyment of their property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That Section 10-13-4A of the City of McHenry Municipal Code is hereby deleted and replaced with the following language: "A. Front And Corner Side Yards: No fence shall be installed closer than the required front or corner side yard setback established by the zoning district, except as follows: 1. Split rail, picket and wrought iron style fences may be installed in a required front yard so long as the fence does not exceed 50% opacity and the height of said fence does not exceed forty eight inches (48"); 2. Any style fence may be installed in a corner side yard; provided, that the maximum height of said fence shall not exceed seventy two inches (72"), is located no closer than five feet (5') from a corner side lot line, and providing that a clear line of sight for pedestrians and vehicles is maintained; B. Through -Lots (double frontage lots): 1. Any fencing less than or equal to 50% opacity may be installed in a required front yard of a through lot; provided: a. Said yard shall not provide a means of vehicular access to the site; and b. Maximum height of fencing shall not exceed seventy two inches (72'). 2. Any fencing greater than 50% opacity may be installed in a required front yard of a through lot; provided: Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org a. Said yard shall not provide a means of vehicular access to the site; and b. Maximum height of fencing shall not exceed seventy two inches (72'); and c. Is located a minimum of 5 feet from the street lot line." SECTION 2: That the following section numbers: "10-13-413 Side And Rear Yards; 10-13-4C Obstructions; 10-13-4D Use of Barbed Wire Prohibited; and 10-13-4E Chainlink Fencing" are here by recodified as follows: "10-13-4C Side And Rear Yards; 10-13-41D Obstructions; 10-13-4E Use of Barbed Wire Prohibited; and 10-13-4F Chainlink Fencing" SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 18th day of January, 2021. Ayes Nays Alderman Devine Alderman Glab Alderman Harding Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Absent Abstain Trisha Ramel, City Clerk Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FOR: January 18, 2021 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Z-977 Various text amendments to the Zoning Ordinance. ATT: 1. Text Amendment Analysis 2. Meeting Minutes from the November 18, 2020 and December 16, 2020 Planning & Zoning Commission 3. Ordinance approving various text amendments to the Zoning Ordinance. AGENDA ITEM SUMMARY: City Staff are requesting approval of various Text Amendments to the City of McHenry Zoning Ordinance including but not limited to: • Chapter 2 Planning and Zoning Generally; • Chapter 6 District Regulations; • Chapter 12 Off Street Parking and Loading; • Chapter 14 Accessory Uses and Structures; • Chapter 16 Nonconformities; and • Chapter 19 Variances. The Planning & Zoning Commission unanimously recommended approval of the proposed changes. See next page for text amendment analysis. RECOMMENDATION: Therefore, if the City Council concurs, it is recommended that the attached ordinance approving text amendments to the City of McHenry Zoning Ordinance, as identified, be approved (Mayor and City Council vote -simple majority). Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Text Amendment Analysis 1. Nonconformities The McHenry Zoning Ordinance currently allows for the replacement of structures that are not in compliance with the Zoning Ordinance. These structures typically are legally permitted at one point in time but have since fallen out of compliance with subsequent amendments to the Zoning Ordinance. A structure is nonconforming if it specifically does not comply with the following Zoning District Requirements under our current ordinance: • yards (setbacks) • building height • lot area per dwelling unit • lot width • floor area ratio • off street parking and loading • signage • and landscaping and screening It is standard practice to include a sunset provision within a zoning ordinance. An example would be if a structure is damaged or destroyed to the extent of 50% or more that it cannot be replaced unless it complies with applicable zoning district bulk and setback requirements. The goal is that overtime, these nonconformities should correct themselves. (Draft language is attached in separate document) 1.a What does this mean for a resident? What's being proposed largely does not impact most residents. It was the decision of staff to grandfather all existing lawfully created nonconforming single-family principal structures and nonconforming detached garages. Particularly in older legacy neighborhoods near the waterfront, many residences have a variety of nonconformities (typically related to setback requirements). Staff felt it would create an excessive amount of nonconformities and it would be more appropriate to address these areas with supplemental Overlay Zoning District Regulations or to grandfather these nonconforming principal residential structures — with the latter being recommended. However, this ordinance does not grandfather in accessory structures such as fences and sheds. 1.b What does this mean for businesses? Nonconforming non-residential principal and accessory structures will no longer be able to be rebuilt if damaged or destroyed to the extent of 50% or more of the replacement value unless it conforms with the underlying zoning district regulations. Staff have provided exceptions that is standard language from other municipalities to exempt nonconformities created as a result of Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org right-of-way acquisition, waterway erosion, or if it's a result of a court order. Those affected will always have the ability to correct the nonconformity by requesting a variance. 1.c Why is a nonconformities ordinance important? The Zoning Ordinance is one of the strongest tools a municipality has to create its vision of the future. The nonconformities section of the ordinance is what gives a municipality the authority to correct existing legally permitted structures that have since fallen in conflict with subsequent amendments to the Zoning Ordinance. This issue, if not corrected, can become more compounded overtime as more amendments to the Zoning Code are adopted. 1.d Comparison of Municipalities & Summary Comments on the Nonconformities Text Amendments. Of the municipalities examined, the City of McHenry is one of the only municipalities that doesn't have a 50% provision. Staff has drafted and proposed an entirely new nonconformities chapter. Staff is recommending the City keep the 30-day provision for nonconforming uses. (staff report continues on next page) Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Zoning Ordinance Comparison: Key Provisions Table McHenry Crystal Lake South Elgin Woodstock McHenry (Current) County Replacement of Yes No (50% rule) No (50% rule) No (50% rule) No (50% rule) Nonconforming Structures Enlargement or Unspecified. Yes, as long as Yes as long as it No. Yes as long as it Expansion of Zoning Admin it does not does not increase meets side yard Nonconforming Interpretation: increase the nonconformity or setback Structures Yes, as long as nonconformity. height. requirements degree of and doesn't nonconformity increase degree isn't increased. of nonconformity. Sunset Timeline 30 days 90 days 90 days 1 year 1 year Nonconforming Uses (consecutive) Enlargement or No No No No No Expansion of Nonconforming Uses Repairs less than Yes Yes, but must Yes, but must Yes. Yes 50% of replacement obtain building obtain building value permit within 6 permit within 6 mos. mos. Other unique Provision that Extension of provisions. any changes to walls provision nonconforming for parking lots will nonconforming require single-family conformance and two-family with code. Dwellings (staff report continues on next page) Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org The color key provided below is for text amendments hereafter. Green = New Language Black = Unchanged Language Red= Deleted language 2. Text Amendments to Zoning District Regulations (11-6-20) to adopt use standards for Outdoor Storage Areas. Staff wanted to address unpaved outdoor storage areas as well as incorporate use standards that are commonly referenced as conditions of approval for outdoor storage. This is mainly to address older conditional use permits for outdoor storage which are vague and do not clearly identify where on the property the storage area is restricted to. This would allow staff to apply these standards as commercial properties expand and evolve over time. 11-6-20: Outdoor Storage A. Applicability. The following standards apply to outdoor storage as an accessory to a non-residential use. The storage of construction equipment and materials on properties under active construction are not subject to these restrictions. 1. All outdoor storage shall be paved with asphalt or concrete unless determined by the Zoning Administrator to not be necessary. 2. Outdoor storage is prohibited within the required front and corner side yard setback of the underlying zoning district. 3. Outdoor storage of bulk materials is prohibited unless enclosed within a storage container. 4. All materials stored onsite shall be related to a permitted use of the property and shall be maintained in a neat and orderly appearance as determined by the Zoning Administrator. S. No required parking area can be used for outdoor storage. 6. Outdoor storage areas shall be reasonably screening from view off the property by any combination of buildings, solid fencing, or solid landscaping. a. The fencing or landscaping shall have a minimum height of six (6) feet at the time of installation. Storage is prohibited outside the screened area. b. The Zoning Administrator may require the installation of fencing in addition to solid landscaping. 3. Text amendments to Off Street Parking and Loading Requirements (11-12-2). The Community Development Department has run into several issues with property owners paving or using brick pavers to create ancillary parking spaces within their property. Currently, they are not required Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org to connect to a right-of-way or driveway which inherently causes damage to green space overtime. The proposed standards would mitigate any potential damage to green space and prevent 'Frankenstein' parking pads composed of different materials. 11-12-2: Off Street Parking Requirements H. Parking Of Recreational Vehicles And Trailers: 1. Residential Districts: a. Only one recreational vehicle or trailer shall be permitted in the required front yard or required corner side yard, as defined in section 11-3-1 of this title; b. Trailers and recreational vehicles must be properly licensed; c. Additional recreational vehicles and trailers shall be maintained, kept, stored and/or parked on an approved solid parking surface no less than the minimum dimensions of the vehicle or trailer being parked thereon, but in no case shall the parking surface be less than nine feet by eighteen feet (9' x 18'). d. Said parking surface shall be constructed of paved, permanent, dust -free, homogenous material or brick pavers provided the parking surface does not allow grass or other vegetation to grow within, on or above the solid parking surface unless approved by the Zoning Administrator. e. Said parking surface shall be required to connect to the right-of-way. 4. Text Amendments to Accessory Structures. The follow text amendments are targeting accessory residential structures used to store transportation vehicles. Currently, the Zoning Ordinance does not distinguish between garages and sheds. This can become problematic with homeowners that desire to build a car sized garage but insist it's a shed and doesn't require a paved connection to the driveway or right-of-way. 11-14-1(K) K. Accessory Storage Buildings: All garages and other common accessory structures used for storage shall be considered accessory storage buildings. 1. Accessory storage buildings greater than 200 square feet shall not be permitted to have an overhead door unless connected to a public right-of-way by a driveway constructed of paved, permanent, dust -free, homogenous material or brick pavers provided it does not allow grass or other vegetation to grow within, on or above the solid surface unless approved by the Zoning Administrator. 2. Accessory storage buildings less than 200 square feet and do not contain a motor vehicle, recreational vehicle or trailer used for transportation that will be accessing the right-of-way, an overhead door shall be permitted but a connection to the public right-of-way is not required. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org S. Text Amendments to Zoning District Regulations to define Towing Businesses and require a Conditional Use Permit. It has been directed by staff over the years to consider all towing businesses conditional uses separate from outdoor storage. This would clear up any confusion when communicating with towing businesses now and in the future. 6. Text Amendments to Minor Variances (11-19-3). As City Staff implemented this new administrative processes, staff would like to add language to clarify that the Zoning Administrator has the ability to deny these requests or to approve with conditions as long as it meets all of the approval standards identified below. This is also to correct an error by staff which accidentally excluded 11-9-3(C)2 from the final Ordinance. 11-19-3: Minor Variances A. Purpose and Scope: The purpose of Minor Variance procedures is to reduce the time and expense to homeowners of obtaining approval of simple variances that are likely to have minimal adverse impact in residential neighborhoods. B. Application: The fee owner, contract purchaser, or option holder of a single family detached or attached dwelling or single family detached or attached building lot that wishes to request a variance for that dwelling or lot may apply under Minor Variance procedures. C. Administrative Variation: Applications for Minor Variances may be reviewed and approved administratively. 1. The Zoning Administrator will review, and may approve with conditions, Minor Variance applications that meet the following standards: a. A complete application has been submitted to the Zoning Administrator. b. A notice has been delivered via certified mail, return receipt requested, to adjacent property owners that are abutting or across a public right-of- way. c. No written objections have been received. If any noticed property owner files a written objection to the administrative variation within fifteen (15) calendar days of receipt of such notice, the Minor Variance shall be denied. 1. If denied, the property owner may submit an application for Minor Variance to be considered by the Planning & Zoning Commission and City Council. Applicants requesting a review by the Planning & Zoning Commission and City Council shall follow all procedural requirements as provided for in Section 11-19-3(D) Filling Submissions. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 2. The Zoning Administrator may deny administrative variation requests if he or she believes it will negatively impact property values or negatively impact the health, safety, and welfare of the general public. D. Filing Submissions: Filing submissions shall be as determined on a case by case basis by the Zoning Administrator and may be less than required for other variances in Table 1 of the Filing Procedures section of this Ordinance. Other procedures and requirements shall be as provided for variances in the Filing Procedures section. Minor Variance procedures shall not apply to an application involving more than one dwelling or more than one building lot. 7. Text Amendments to Chapter 2. Planning & Zoning Generally. With the new year, staff is in the process of updating its fee schedule. As you may be aware, the City has separate fees for various zoning items. In addition to the filing fee, the Zoning Ordinance also requires a retained personnel fee of $500 for select zoning items. This $500.00 fee is outdated and most consultants require a $1,000.00 minimum. The retained personnel fee is also rarely used. Staff is proposing to delete this provision and simply add to the original zoning fee; however, staff would still be able to assess a retained personnel fee as necessary. It is important to note that the City does not charge for multiple smaller zoning items. Fees not identified will remain unchanged, the new fees would be as follows: Current Fees Proposed Zoning Map Amendments, $450— filing 4.509- Flat $950.00 filing fee. —fee Conditional Use Permits, Fetained peFsennel fee Zoning Variations, Use Variations, Staff Plat Review Committee (New — see below) Zoning Variance - Minor $175.00 $175.00 (no change) 11-1-6 STAFF PLAT REVIEW COMMITTEE A. The Director of the Department of Community Development shall determine on a case - by -case basis if a development proposal requires review by Staff Plat Review Committee. B. A fee shall be assessed in the amount of $950.00 to be paid by the applicant. C. The Staff Plat Review Committee has the power and authority to review and recommend approval of subdivision plans and plats, and site plans that meet Ordinance requirements D. The voting members of the Staff Plat Review Committee shall consist of the following City staff: Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 1. Director of the Department of Community Development (Chairman) 2. City Planner 3. Director of Public Works 4. Staff Engineer 5. Director of Economic Development 6. Director of Parks and Recreation Department (ad hoc member) 7. Chief of Police (ad hoc member) E. The City Planner shall serve as the primary staff liaison between applicants and the Staff Plat Review Committee. F. If a Staff Plat Review Committee member is unable to attend a scheduled meeting, he/she may send one (1) designated voting representative. G. For subdivision applications, additional non -voting ex-officio members of the Staff Plat Review Committee consist of the following: 1. Applicable township highway commissioner(s). 2. Applicable fire chief(s). 3. Applicable school superintendent(s). 4. If an ex-officio member is unable to attend a scheduled meeting, he/she may send an alternate representative. Ex-officio members provide information to the applicant and voting members regarding design of the subdivision and/or site plan and requirements for the ex-officio member's signature of the plat, if required. H. The Staff Plat Review Committee has the following powers, pursuant to the Zoning Ordinance: 1. To make final decisions on sketch plans of subdivision. 2. To make recommendations on preliminary plats of subdivision. 3. To make recommendations on final plats of subdivision. 4. To review and make final decisions on site plan review. 5. To review and make final decisions on technical adjustments. 6. To review and make recommendations to City Council on capital and development fee adjustments or waivers. 7. To review and determine if an application is complete and ready to schedule for a public meeting or hearing. 8. To review and determine if an application is required to have a conceptual review by City Council. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Approved Planning & Zoning Minutes dated November 18, 2020 City of McHenry File No. Z-977 Text Amendments to the Zoning Ordinance including but not limited to Chapter 2 Planning and Zoning Generally, Chapter 6 District Regulations, Chapter 12 Off Street Parking and Loading, Chapter 14 Accessory Uses and Structures, Chapter 16 Nonconformities, and Chapter 19 Variances Chairman Strach called the discussion to order at 8:02 p.m. regarding File No Z-977 a request for various text amendments to the City of McHenry Zoning Ordinance including but not limited to Chapter 2 Planning and Zoning Generally, Chapter 6 District Regulations, Chapter 12 Off Street Parking and Loading, Chapter 14 Accessory Uses and Structures, Chapter 16 Nonconformities, and Chapter 19 Variances. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and a Certificate of Publication is on file in the City Clerk's Office, City Planner Sheriff provided the Commission with the Staff Report regarding this file stating he is requesting feedback on the proposed changes in the staff report to present a final draft at the December Planning & Zoning Commission meeting. Commissioner Doherty left the meeting at 8:07 p.m. Discussion ensued and suggestions were presented regarding the text amendments for: Nonconformities: Planner Sheriff took notes on comments from Commissioners and will implement them in the final document to be presented in December. Commissioner Gurda stated he was not sure he could support some of the changes as presented. Planner Sheriff stated he has included reasonable provisions to accommodate single-family residences to appeal in extenuating circumstances. Commissioner Sobotta liked adding a provision that a building permit must be submitted within 6 months. Regarding nonconforming parking lots Planner Sheriff suggested making them conform once a change of use is implemented and that sales tax rebates could be offered to help alleviate some fees if the use does not change allowing some conformance to be obtained as well as giving Staff permission to do administrative reviews. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Accessory Structures: Commissioner Gurda stated concern for residents with very large lawn equipment and furniture being restricted on structure size with overhead doors. Commissioner Strach confirmed there will be an appeal and variance process and suggested the addition of an administrative review process for extenuating circumstances. Chapter 2. Planning & Zoning Generally: No objections voiced including Planner Sheriff adding that a conceptual review filing fee was omitted on the presented staff report but would also be included in the final recommendation at the $950 filing fee. There were no objections, comments or suggestions for the revisions presented to: Use standards for Outdoor Storage Areas; Off Street Parking and Loading Requirements; Defining Towing Businesses and requiring a Conditional Use Permit; Minor Variances; or Fence Regulations. Chairman Strach invited questions and/or comments from the Public. There was nobody in attendance who wished to address the Commission with public comment. Commissioner Strach closed the public comment portion of the hearing at 9:00 p.m. Motion by Sobotta seconded by Gurda to recommend with regard to File No. Z-977, the hearing be continued allowing the proposed changes discussed to be presented in a final recommendation at the December Planning & Zoning Commission meeting. Roll Call: Vote: 5-ayes: Gurda, Lehman, Sobotta, Strach, and Walsh. 0-nays, 0-abstained, 2- absent: Thacker, Doherty. Motion Carried. Chairman Strach closed the discussion regarding File No. Z-977 at 9:03p.m. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Unapproved Planning & Zoning Minutes from December 16, 2020 City of McHenry File No. Z-977 Text Amendments to the Zoning Ordinance including but not limited to Chapter 2 Planning and Zoning Generally, Chapter 6 District Regulations, Chapter 12 Off Street Parking and Loading, Chapter 14 Accessory Uses and Structures, Chapter 16 Nonconformities, and Chapter 19 Variances Chairman Strach called the hearing to order at 8:02 p.m. regarding the continuation of File No Z-977 a request for various text amendments to the City of McHenry Zoning Ordinance including but not limited to Chapter 2 Planning and Zoning Generally, Chapter 6 District Regulations, Chapter 12 Off Street Parking and Loading, Chapter 14 Accessory Uses and Structures, Chapter 16 Nonconformities, and Chapter 19 Variances. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and a Certificate of Publication is on file in the City Clerk's Office. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating revisions have been made incorporating the changes discussed at the November Planning and Zoning meeting. He presented the revised document stating he removed the provision for updating parking lots and changed accessory structures allowing the zoning administrator to waive requirements based on site specific circumstances. Planner Sheriff stated a staff plat review committee for new developments has also been created and added to the amendments. Discussion ensued. Chairman Strach invited questions and/or comments from the Public. There was nobody in attendance who wished to address the Commission with public comment. Commissioner Strach closed the public comment portion of the hearing at 8:08 p.m. Motion by Thacker seconded by Doherty to recommend with regard to File No. Z-977, allowing all the recommended changes to various text amendments to the City of McHenry Zoning Ordinance including but not limited to Chapter 2 Planning and Zoning Generally, Chapter 6 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org District Regulations, Chapter 12 Off Street Parking and Loading, Chapter 14 Accessory Uses and Structures, Chapter 16 Nonconformities, and Chapter 19 Variances, as amended. Roll Call: Vote: 7-ayes: Doherty, Gurda, Lehman, Sobotta, Strach, Thacker and Walsh. 0-nays, 0-abstained, 0-absent. Motion Carried. Chairman Strach closed the hearing regarding File No. Z-977 at 8:10 p.m. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 21- AN ORDINANCE ADOPTING TEXT AMENDMENTS TO THE CITY OF MCHENRY ZONING ORDINANCE WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed by the City of McHenry requesting text amendments to the City of McHenry Zoning Ordinance; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on November 18, 2020 and December 16, 2020 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did unanimously recommend to the City Council the granting of the requested text amendments; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested text amendments currently requested and approved by this ordinance are consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That Chapter 16: Nonconformities of the City of McHenry Zoning Ordinance is here by repealed and replaced with the text amendment language attached hereto this Ordinance as "Exhibit A". SECTION 2: That Chapter 6 District Regulations of the City of McHenry Zoning Ordinance shall be amended by adding thereto the following language: "11-6-20: Outdoor Storage I. Applicability. The following standards apply to outdoor storage as an accessory to a non- residential use. The storage of construction equipment and materials on properties under active construction are not subject to these restrictions. 1. All outdoor storage shall be paved with asphalt or concrete unless determined by the Zoning Administrator to not be necessary. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 2. Outdoor storage is prohibited within the required front and corner side yard setback of the underlying zoning district. 3. Outdoor storage of bulk materials is prohibited unless enclosed within a storage container. 4. All materials stored onsite shall be related to a permitted use of the property and shall be maintained in a neat and orderly appearance as determined by the Zoning Administrator. 5. No required parking area can be used for outdoor storage. 6. Outdoor storage areas shall be reasonably screening from view off the property by any combination of buildings, solid fencing, or solid landscaping. The fencing or landscaping shall have a minimum height of six (6) feet at the time of installation. Storage is prohibited outside the screened area. b. The Zoning Administrator may require the installation of fencing in addition to solid landscaping. " SECTION 3: That Section 11-12-2(H)1 Parking Of Recreational Vehicles And Trailers is hereby deleted and replaced with the following language: "H. Parking Of Recreational Vehicles And Trailers: 1. Residential Districts: a. Only one recreational vehicle or trailer shall be permitted in the required front yard or required corner side yard, as defined in section 11-3-1 of this title. b. Trailers and recreational vehicles must be properly licensed. c. Additional recreational vehicles and trailers shall be maintained, kept, stored and/or parked on an approved solid parking surface no less than the minimum dimensions of the vehicle or trailer being parked thereon, but in no case shall the parking surface be less than nine feet by eighteen feet (9' x 18'). d. Said parking surface shall be constructed of paved, permanent, dust -free, homogenous material or brick pavers provided the parking surface does not allow grass or other vegetation to grow within, on or above the solid parking surface unless approved by the Zoning Administrator. e. Said parking surface shall be required to connect to the right-of-way." SECTION 4: That Section 11-14-1 Accessory Uses and Structures shall be amended by adding thereto the following language: Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org "K. Accessory Storage Buildings: All garages and other common accessory structures used for storage shall be considered accessory storage buildings. I. Accessory storage buildings greater than 200 square feet shall not be permitted to have an overhead door unless connected to a public right-of-way by a driveway constructed of paved, permanent, dust -free, homogenous material or brick pavers provided it does not allow grass or other vegetation to grow within, on or above the solid surface unless approved by the Zoning Administrator. 2. Accessory storage buildings less than 200 square feet and do not contain a motor vehicle, recreational vehicle or trailer used for transportation that will be accessing the right-of- way, an overhead door shall be permitted but a connection to the public right-of-way is not required." SECTION 5: That Section 11-9-7 Table 2, Group J: Additional conditional uses in C-5 District, be amended by adding thereto the following language: "Towing Businesses." SECTION 6: That Section 11-19-3: Minor Variances is hereby deleted and replaced with the following language: "11-19-3: Minor Variances A. Purpose and Scope: The purpose of Minor Variance procedures is to reduce the time and expense to homeowners of obtaining approval of simple variances that are likely to have minimal adverse impact in residential neighborhoods. B. Application: The fee owner, contract purchaser, or option holder of a single family detached or attached dwelling or single family detached or attached building lot that wishes to request a variance for that dwelling or lot may apply under Minor Variance procedures. C. Administrative Variation: Applications for Minor Variances may be reviewed and approved administratively. 1. The Zoning Administrator will review, and may approve with conditions, Minor Variance applications that meet the following standards: a. A complete application has been submitted to the Zoning Administrator. b. A notice has been delivered via certified mail, return receipt requested, to adjacent property owners that are abutting or across a public right- of-way. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org c. No written objections have been received. If any noticed property owner files a written objection to the administrative variation within fifteen (15) calendar days of receipt of such notice, the Minor Variance shall be denied. 1. If denied, the property owner may submit an application for Minor Variance to be considered by the Planning & Zoning Commission and City Council. Applicants requesting a review by the Planning & Zoning Commission and City Council shall follow all procedural requirements as provided for in Section 11-19-3(D) Filling Submissions. 2. The Zoning Administrator may deny administrative variation requests if he or she believes it will negatively impact property values or negatively impact the health, safety, and welfare of the general public." SECTION 7: That Section 11-2-5: Zoning Filing and Hearing Fees is hereby deleted and replaced with the following language: "11-2-5: Zoning Filing and Hearing Fees: A. All applications for zoning relief, except as otherwise provided, shall be accompanied by a filing fee in the amount of nine hundred fifty dollars ($950.00). Where the zoning application requests a minor variation only (as defined in this title) and the applicant elets to have the Planning and Zoning Commission hear the application on the same date the Planning and Zoning Commission has scheduled another application for hearing, the initial filing fee shall be one hundred seventy five dollars ($175.00); in the event that the applicant for a minor variation elects a hearing date on which no other application is scheduled for hearing, the initial filing fee shall be four hundred twenty five dollars ($425.00). (1987 Code §17-6; amd. 2019 Code)" SECTION 8: That Section 11-2-6: Retained Personnel Deposit is hereby deleted and replaced with the following language: "11-2-6: RETAINED PERSONNEL DEPOSIT: A. Zoning Relief: The Zoning Administrator may require a retained personnel fee to be used toward deferring the expenses and fees of its retained personnel as described in section 11-4-4 of this title, and the expense of providing copies of unapproved Planning and Zoning Commission minutes, reports, and recommendations as provided in subsection 11-1-21D of this title. At any time that the balance of the initial retained personnel deposit is reduced to the sum of seventy five dollars ($75.00), the zoning applicant shall Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org make such other and further deposit, upon the request of the City, as may be necessary to restore the retained Personnel Fund to cover the expense incurred. (1987 Code §17- 5; amd. 2019 Code) B. Other: The retained personnel deposit for the establishment of an Integrated Design District (IDD) for property located within the corporate limits of the City, for property located within the mile and one-half jurisdiction outside the corporate limits of the City and property in the process of being annexed to the City, shall be as set forth in title 14, chapter 1 of this Code. C. Stay Of Proceedings: All proceedings in connection with zoning applications shall be stayed until the zoning applicant has complied with the retained personnel requirements of this section. (1987 Code § 17-5)" SECTION 9: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 10: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 11: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 18th day of January, 2021. Ayes Nays Absent Abstain Alderman Devine Alderman Glab Alderman Harding Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Trisha Ramel, City Clerk Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org "EXHIBIT A" CHAPTER 16 NONCONFORMITIES SECTION: 11-16-1: Purpose 11-16-2: Applicability 11-16-3: Nonconforming Uses 11-16-4: Nonconforming Structures 11-16-5: Nonconforming Lots of Record 11-16-1: Purpose The purpose of this Section is to regulate uses, structures, and lots that were in compliance with previous zoning regulations, but do not conform to current zoning regulations as a result of adoption of or amendments to this Ordinance. The intent of this Section is to specify the circumstances under which legal nonconforming uses, structures, and lots may be continued, altered, or expanded as well as circumstances under which such nonconformities shall be gradually eliminated. 11-16-2: Applicability A. Authority to Continue 1. Any use, structure, or lot that was established legally as of the effective date of this Ordinance, or its subsequent amendments, may continue as long as it remains lawful. 2. Any use, structure, or lot that was established legally as of the effective date of this Ordinance, or its subsequent amendments, and has been made nonconforming due to the regulations of this Ordinance, or its subsequent amendments, is a legal nonconforming use, structure, or lot and may continue subject to the provisions of this Section as long as it remains otherwise lawful. 3. Any use, structure, or lot that was established illegally as of the effective date of this Ordinance, or its subsequent amendments, shall remain illegal if it does not conform with the requirements of this Ordinance. 4. If property is used in a manner that was classified as a permitted use prior to the effective date of this Ordinance, and that use is now classified as a conditional use as of the effective date of this Ordinance, that use is deemed a nonconforming use. Such uses are allowed to continue and are controlled by the provisions of this chapter. However, any addition, enlargement, or expansion of Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org the use is required to obtain a conditional use permit at the time of the addition, enlargement, or expansion. B. Nonconforming Status. The legal nonconforming status of a nonconforming use, structure, or lot rests with the property and shall not be affected by changes in property ownership, tenancy, or management. C. Burden of Establishing Legal Status. The burden of establishing the legal status of a nonconforming use, structure, or lot under the provisions of this Ordinance shall be the responsibility of the owner of such use, structure or lot. 11-16-3: Nonconforming Uses A. Applicability. A legal nonconforming use is the use of land that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Ordinance. B. Expansion of Use. A legal nonconforming use shall not be expanded, enlarged, or increased in intensity to include any land area or structure not previously occupied by such legal nonconforming use. C. Relocation of Use. A legal nonconforming use shall not be relocated on the same lot or any other lot unless the relocation of such use meets the requirements of the zoning district in which the use is relocated. D. Damage or Destruction of Use. 1. In the event that any structure devoted in whole or in part to a legal nonconforming use is damaged or destroyed to the extent of 50% or more of its replacement value, then the use cannot be continued unless it meets the requirements of the subject zoning district. 2. In the event that a legal nonconforming structure is damaged or destroyed to the extent of less than 50% of its replacement value, the structure may be repaired provided that: a. The repairs will not create any new nonconformity or increase the degree of any existing nonconformity. b. A building permit is obtained for such repairs within 180 days of the date of damage or destruction, and such repairs are completed within one year of issuance of the building permit. 3. The replacement value of the legal nonconforming structure shall be established by: The sale of the structure within the previous year, or if that is not applicable; Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org b. An appraisal of the structure within the last two years, or if that is not available; c. The amount for which the structure was insured prior to the date of damage or destruction, or if that is not available; d. An alternative method determined acceptable by the Zoning Administrator. Change of Use. A legal nonconforming use shall not be changed to any other use unless the use is allowed within the subject zoning district. Discontinuation or Abandonment of Use. If a legal nonconforming use is discontinued, or the structure that it occupies becomes vacant or remains unoccupied for a continuous period of at least 30 days, such use shall be deemed abandoned and shall not be reestablished regardless of the intent to continue the use. Any subsequent use or occupancy of such land or structure shall meet the requirements of the subject zoning district. The following exceptions apply: 1. If the period of such discontinuance is caused by government action or acts of God, it is not included in calculating the length of discontinuance. 2. If the property owner files notice in writing of the suspension of a nonconforming use with the Zoning Administrator prior to the expiration of the continuous period of at least 30 days. The Zoning Administrator may approve an extension of such timeframe not to exceed 30 days. 11-16-4: Nonconforming Structures A. Applicability. A legal nonconforming structure is a principal or accessory structure that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Ordinance. For the purposes of this Section, legal nonconforming structures shall include signs (see §10-20-8: Nonconforming Signs), on - site development, off-street parking and loading facilities, and landscape characteristics. B. Ordinary Maintenance and Repair. Ordinary maintenance and repair may be performed on any legal nonconforming structure provided that such activities will not create any new nonconformity or increase the degree of any existing nonconformity. C. Structural Alterations, Enlargements, and Additions. Structural alterations, enlargements, and additions shall not be performed on any legal nonconforming structure, except in the following situations: 1. When the alteration, enlargement, or addition is required by law or is necessary to restore the structure to a safe condition as determined by the Zoning Administrator. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 2. When the alteration, enlargement, or addition is for the purpose of creating a conforming structure. 3. When the alteration, enlargement, or addition will not create any new nonconformity, extends no further than the existing non -conforming setback, and does not increase the height of the existing structure. D. Relocation. A legal nonconforming structure shall not be relocated on the same lot or any other lot unless the relocation of such structure meets the requirements of the zoning district to which the structure is relocated. E. Damage or Destruction. 1. In the event that a legal nonconforming structure is damaged or destroyed to the extent of 50% or more of its replacement value, then the structure may not be repaired unless it meets the requirements of the zoning district in which the structure is located. 2. In the event that a legal nonconforming structure is damaged or destroyed to the extent of less than 50% of its replacement value, the structure may be repaired provided that: a. The repairs will not create any new nonconformity or increase the degree of any existing nonconformity. b. A building permit is obtained for such repairs within 180 days of the date of damage or destruction, and such repairs are completed within one year of issuance of the building permit. The replacement value of the legal nonconforming structure shall be established by: a. The sale of the structure within the previous year, or if that is not applicable; b. An appraisal of the structure within the last two years, or if that is not available; c. The amount for which the structure was insured prior to the date of damage or destruction, or if that is not available; d. An alternative method determined acceptable by the Zoning Administrator. Extension of Walls for Nonconforming Single -Family and Two -Family Dwellings. Where a single-family or two-family dwelling is a legal nonconforming structure because of encroachment into the required setback, the structure may be enlarged or extended vertically along the same plane as defined by its existing perimeter walls, so long as the resulting structure complies with the required side yard setbacks and does not increase the degree of the existing nonconformity or otherwise violate this Ordinance. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org G. Principal Single -Family and Two -Family Residential Structures Deemed Conforming. Lawfully created principal single-family and two-family residential structures, which also may include a legal nonconforming detached garage, that do not meet the underlying zoning district requirements as of the effective date of this ordinance shall be allowed to be rebuilt in the same building footprint if damaged or destroyed provided that: 1. It does not increase the degree of the nonconformity; 2. The nonconforming principal residence and/or detached garage is reconstructed within one year of being damaged or destroyed. 11-16-5: Nonconforming Lots of Record A. Applicability. A legal nonconforming lot of record is a lot of record that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Ordinance. B. Contiguous Nonconforming Lots of Record. If two or more contiguous lots of record are owned by a single party, or by related parties, and one or more of the lots does not meet the requirements for lot area or lot width as established by this Ordinance, then the lots of record shall be developed as a single entity. C. Nonconforming Residential Lots of Record. Any lawfully created lot of record as of the effective date of this title that is located in a Residential District, that has no substantial structure upon it, and is legal nonconforming may be used for a single-family detached dwelling without elimination the nonconformity provided the residence meets the underlying zoning district's setback requirements. D. Lots or Parcels Deemed Conforming. Lots or parcels created as a result of the following actions are deemed conforming for the purposes of this Ordinance: 1. When land area is acquired by a government agency for expansion of right-of- way 2. When the action of waterways that forms the boundaries of a lot reduce the lot area. 3. When property lines are established by a court order in order to settle a boundary dispute between adjacent property owners. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FOR: January 18, 2021 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Use Variation to allow three (3) Horses and four (4) Chickens and annex the property located at 219 S. Barreville Road. ATT: 1. Unapproved Community Development Committee Minutes from January 5, 2021 2. Ordinance annexing the property at 219 S Barreville Road. 3. Ordinance granting a use variance for the property at 219 S. Barreville Road. 4. Community Development Committee Staff Report 5. Application Packet AGENDA ITEM SUMMARY: The Community Development Committee met on January 5, 2021 at the recommendation of City Council to provide a recommendation on the petitioner's use variation application. City Staff outlined three options to the committee, with all options involving forced annexation. The Community Development Committee unanimously recommended the following action of City Council: 1. The subject property shall be forcibly annexed. 2. The use variance is denied and therefore classified as a nonconformity. 3. Staff work with the City Attorney to draft an Ordinance amortizing the use no later than 3-5 years from date of annexation to present to City Council at a future meeting. The amortization ordinance would require a Zoning Text Amendment and Public Hearing before the Planning & Zoning Commission. (See attached staff report for in depth analysis) RECOMMENDATION: Therefore, if the City Council concurs, it is recommended the attached ordinance forcibly annexing the subject property be approved and the attached ordinance for a use variation to accommodate 3 horses and 4 chickens on the subject property be denied (Mayor and City Council vote -simple majority). Two separate votes. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Unapproved Community Development Committee Meeting January 5, 2021 Call to Order: Alderman Devine called the meeting to order at 3:05 p.m. The meeting was held remotely via Zoom due to the COVID-19 pandemic. The meeting was in compliance with the Open Meetings Act per guidelines by the Illinois Attorney General's Office. Roll Call: Deputy Clerk Johnson called the roll. Roll call: Members present: Alderman Devine, Alderman Harding, Alderwoman Miller. Others present: City Planner Cody Sheriff, Community Development Director Ross Polerecky, Economic Development Director Doug Martin, Deputy City Clerk Monte Johnson. Public Comments: No members of the public offered any comment. Approval of Minutes: A motion was made by Alderwoman Miller and seconded by Alderman Harding to approve the minutes of the April 8, 2019, Community Development Committee meeting. Roll Call: Vote: 3-ayes: Alderwoman Miller, Alderman Harding, Alderman Devine. 0- nays, 0-abstained. Motion carried. Z-974 — Use Variance to allow three horses and four chickens and any other variances required to effectuate the aforementioned request: The petitioners are Doherty JD Tr, Doherty KA Tr of 2150 Richmond Road, McHenry, IL 60050 ("Property Owners") Director Polerecky reviewed the three options available on page seven of the staff report. Option 3 includes passing a use variance that would be approved based on certain conditions that were explained. Option 2 was to deny the use variance and classify the property as nonconforming. Option 1 is the recommendation by the staff, and would be to deny the use variance and work on drafting an ordinance amortizing the use no later than 3-5 years from the date of annexation. Alderman Devine stated that he would like to rule out Option 2. Alderwoman Miller explained that she would be in favor of Option 1 but would like to see it last more than 3-5 years. She would like a 7-10 year range, and she is also not in favor of Option 2. She does not like Option 3 because it would set precedence for other properties. The City is going to be annexing other properties and does not want these properties looking like an agriculture zoned parcel when they are actually residential properties. Alderman Harding agrees with Alderwoman Miller but would like Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Option 1 to stay in the 3-5 year range. He is not in favor of 7-10 years due to concerns from the neighbors. Lisa Waggoner spoke as the attorney for Joe Doherty. From the Doherty standpoint, they purchased the property to help a longstanding employee who was unable to buy it himself. They are hoping to sell the property to that employee in the next few years. A 3-5 year period is too short as time goes by quickly. A 10 year period would be more desirable. With a longer term and opportunity to purchase it with the option to have horses, there is a better chance they treat this property as a home instead of a rental. She also believes that Option 3 should be more desirable for the neighbor to the south as they would have conditions that would need to be met that benefit that neighbor. Option 1 does not have any conditions attached that would help the neighbors. City Planner Sheriff agreed that Option 3 has better conditions for the neighbor to the south, but is worse for the long term because horses would be allowed longer. Option 1 has the shortest time that horses would be allowed. The conditions are helpful for the neighbor in the short term but Option 1 is better for the removal of the horses in the shortest time possible. Director Polerecky also stated that staff would be worried about setting precedence moving forward with future annexations. Alderwoman Miller asked Mr. Doherty what the plan is moving forward. He hopes to sell the property to his tenant in the next 3-4 years, and would like to have horses for 10 years. Alderwoman Miller still stresses her concern for setting precedence. She also is concerned that the two parcels could be sold separately. She would not want any conditions placed on a 1 acre parcel, and would need to see the conditions tied to both parcels. She wants to look at the long- range picture and wants to be reasonable in accommodating all parties, but also wants to have uniformity. Director Polerecky explained that the two parcels could not be sold separately because a septic system was recently installed that ties the two parcels together. Mr. Doherty brought up points that the City annexed in the tree service and extended them out 20 years, and Harms Farm was also extended out a long period of time. He does not believe it is fair to limit him to 3-5 years and making him put money out to satisfy conditions. Lisa Waggoner reiterated that it may be the most fair to go with Option 3 as Mr. Doherty would agree to help the neighbor by blocking to the south with arborvitaes, a berm, and lilacs. She stated that this is what the neighbor wanted from the beginning and what Mr. Doherty offered. Guy Youman was present and represented Ms. Knox, who is the neighbor to the south. He reminded the committee that Mr. Doherty recently purchased the property as an island property. The horses have only been there two years, so it wouldn't be logical to let them stay any longer. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org There are health issues with the horse feces. He also doesn't believe a 15 foot setback is enough. The neighbor to the north also has other issues. There haven't been horses there for 50 years, and this is a completely different issue from the Harms scenario. He does not like Option 1 as there are no conditions to help the neighbors. City Planner Sheriff and Director Polerecky explained that Option 1 would have the shortest amount of time for nonconformity. Option 3 could allow for horses for up to 10 years. Brian Kilinski was present at the meeting and is the neighbor to the north. He says they have dealt with the dust and smell and have runoff as they are downhill from the property. He contacted the County regarding the complaints and he said they were supposed to look into the issue. The impacted soil has caused a greater storm water runoff towards them, especially with the trees that have been cut off. He has health concerns with his young children who like to play in the backyard. He would like to have the horses gone in the shortest time possible. Alderman Devine opened the discussion back up to the Committee members. He states that he keeps thinking about the fact that the horses have only been there two years, and the neighbors have been there a lot longer with no horses. Alderwoman Miller explained how the process of forced annexation has brought this forward. She explained that the Council as a whole has decided that it is time to get all of the little pockets of property that are not in the City limits to be a part of the City. She discussed how they are using City services and how it can cause problems by them not being annexed. The City is simply trying to do the right thing and is finally moving forward with the process that has been discussed for many years. Director Polerecky stated that the Committee will need to make a recommendation, and asked if anybody is open to Option 3 with conditions. Alderman Harding would not mind going with Option 3 but does not like the 10 year period. He wants 3-5 years or even less. Alderwoman Miller stated that the neighbor to the north would be happy with a 3 year time period. She asked the neighbor to the north if those conditions would work for him. He stated that none of the conditions in Option 3 would benefit his property, as he is downhill and his issues are different than the neighbor to the south. Alderwoman Miller suggested going with Option 3 with a 7 year time period, but Alderman Devine and Alderman Harding both stated that they do not think it is fair to keep the horses there that long. They are committed to staying with the 3-5 year time period. Mr. Doherty explained that if the time allowed is that short, it does not make sense for him to agree to any conditions that would cause him to spend any money. A motion was made by Alderman Harding and seconded by Alderwoman Miller to recommend approval of Option 1 subject to the terms and conditions outlined within the staff report. By making said motion, I believe that the Approval Criteria for Use Variances have not been met. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Roll Call: Vote: 3-ayes: Alderwoman Miller, Alderman Harding, Alderman Devine. 0-nays, 0- abstained. Motion carried. Director Polerecky explained that this item will be placed on the agenda for the City Council at the meeting on January 18, 2021. Adjournment: A motion was made by Alderman Harding and seconded by Alderwoman Miller to adjourn the meeting at 4:24 p.m. Roll Call: Vote: 3-ayes: Alderwoman Miller, Alderman Harding, Alderman Devine. 0-nays, 0-abstained. Motion carried. CHe r Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 ORDINANCE NO 20- AN ORDINANCE ANNEXING APPROXIMATELY 2.19 ACRES LOCATED AT 219 S BARREVILLE ROAD, IN MCHENRY COUNTY ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, annexation of said real estate to the City is legally described on Exhibit "A" and depicted on the Plat of Annexation "Exhibit B," attached hereto and incorporated herein, the "SUBJECT PROPERTY," in accordance with 65 ILCS 5/7-1-13; and WHEREAS, the SUBJECT PROPERTY IS not located within any other municipality or subject to an annexation agreement with any other municipality, and said real estate is presently contiguous to and may be annexed to the City in accordance with 65 ILCS 5/7/1-1, et seq.; and WHEREAS, the City of McHenry does not provide library or fire protection services to the SUBJECT PROPERTY, so notice to the Fire Protection District or Public Library District of the annexation of said real estate is not required; and Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 WHEREAS the City has determined that the annexation of said real estate is in the best interest of the City, will promote sound planning and growth of the City and otherwise enhance and promote the general welfare of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY shall be and the same is hereby annexed to made a part of the corporate limits of the City of McHenry, including any and all portions of adjacent street, roads or highways as provided by law. SECTION 2: That the SUBJECT PROPERTY be and is hereby zoned E, Estate District in accordance with the City of McHenry Zoning Ordinance. SECTION 3: The City Clerk is hereby directed to cause a certified copy of this ordinance, together with said plat, to be recorded in the Office of the Recorder of Deeds of McHenry County, Illinois. Following the recordation of this ordinance and plat, a copy thereof shall be filed in the Office of the Clerk of McHenry County, Illinois. SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. �+ w' McHenr Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 18th day of January, 2021. Alderman Devine Alderman Glab Alderman Harding Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Ayes Nays Absent Abstain 3 Trisha Ramel, City Clerk Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 CERTIFICATION I, Trisha Ramel, do hereby certify that I am the duly appointed, acting and qualified clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the 7t" day of December 2020, the foregoing ordinance entitled [An ordinance annexing approximately .91 acres)] in the City of McHenry, was duly passed by the City Council of the City of McHenry. The pamphlet form of ordinance no. , including the ordinance and a cover sheet thereof, was prepared, and a copy of such ordinance was posted in the city hall, commencing on the day of 2021, and will continue for at least 10 days thereafter. Copies of such ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the clerk of said city for safekeeping, and that I am the lawful custodian and keeper of the same. Given under my hand and seal this 181" day of January, 2021. Trisha Ramel, City Clerk City of McHenry McHenry County, Illinois (seal) Department of v � McHenr Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 Exhibit A Legal Description of the Subject Property PINS: 14-02-100-011 & 14-02-100-012 PARCEL 1: PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER; THENCE NORTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 165.0 FEET FOR THE PLACE OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID EAST LINE, 165.0 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER, 291.0 FEET; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, 165.0 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER, 291.0 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. PARCEL 2: PART OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE NORTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 165.0 FEET FOR THE PLACE OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID EAST LINE, 165.0 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER EXTENDED 48.0 FEET TO THE CENTER LINE OF A TRAVELED ROAD RUNNING NORTHERLY AND SOUTHERLY THROUGH SAID SECTION; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE, 168.2 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER EXTENDED, 39.0 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. PARCEL 3: PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTH QUARTER CORNER OF SAID SECTION 2; THENCE SOUTHERLY ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2, A DISTANCE OF 989.50 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED BY EDWIN V. KNOX TO ROBERT G. MILLER AND HIS WIFE BY DEED RECORDED MAY 23, 1956 AS DOCUMENT NUMBER 308008 FOR THE PLACE OF BEGINNING; THENCE WESTERLY ALONG THE NORTH LINE OF LAND SO CONVEYED, A DISTANCE OF 291.0 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTHERLY PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 165.0 FEET; THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID PARCEL OF LAND CONVEYED BY KNOX TO MILLER, A DISTANCE OF 291.0 FEET TO THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE Department of v � McHenr Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 SOUTHERLY ALONG SAID EAST LINE, A DISTANCE OF 165.0 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. PARCEL 4: PART OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 2; THENCE SOUTHERLY ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2, A DISTANCE OF 989.50 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED BY EDWIN V. KNOX TO ROBERT G. MILLER AND HIS WIFE BY DEED RECORDED MAY 23, 1956 AS DOCUMENT NUMBER 308008 FOR THE PLACE OF BEGINNING; THENCE NORTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 165.0 FEET; THENCE EASTERLY PARALLEL WITH THE NORTH LINE EXTENDED EASTERLY OF SAID PARCEL OF LAND CONVEYED BY KNOX TO MILLER, A DISTANCE OF 56.0 FEET TO THE CENTER LINE OF BARREVILLE ROAD (ELGIN ROAD); THENCE SOUTHWESTERLY ALONG SAID CENTER LINE, A DISTANCE OF 165.39 FEET TO POINT ON THE NORTH LINE EXTENDED EASTERLY OF SAID PARCEL OF LAND CONVEYED BY KNOX TO MILLER; THENCE WESTERLY ALONG SAID NORTH LINE, EXTENDED EASTERLY, A DISTANCE OF 48.0 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. EXCEPTING THEREFROM THAT PORTION OF PARCEL 3 AND PARCEL 4 DESCRIBED ABOVE, LYING WITHIN BARREVILLE ROAD (GREEN STREET).CE SOUTH 00 DEGREES 35 MINUTES 48 SECONDS WEST ALONG SAID EAST LINE, 361.24 FEET TO THE PLACE OF BEGINNING, IN MCHENRY, ILLINOIS. �. w' McHenr Exhibit B Plat of Annexation for the Subject Property Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 CITY CLERK'S CEROFlCATE STATE DE ILLINOIS ) S.S. COUNTY OF MCHENRY J BY THE CITY COUNCIL OF THE "TY OF MCHENRY AT ITS MEETING HELD ON — — — — 200_- PAR CEL is PART OF THE NORTHWEST QUARTER OF SECTION 2,0 TOMISHIP 44 NORTH, RANGE B EAST OF THE IHIND PRINCIPAL MERIDIAN, DESCRIBED AS FULL WS: COMMENGNG AT THE SOUTHEAST CORNER OE THE NORTHEAST QUARTER DE SAID NORTHWEST QUARTER; THENCE NORTHERLY ALONG THE EAST LTNE OF SAID NORTHWEST QUARTER, 1650 FEET FOR THE PLACE DE BEGINNING THENCE CONTINUING NORTHERLY ALONG SAID EAST LINE I65.0 FEET, THENCE WESTERLY PARALLEL WIN TH£ SOUTH LINE DE THE NORTHEAST QUARTER DE SAID NORTHWEST QUARTER. 20 0 FEED W THENCE SOUTHERLY PARALLEL IN THE EAST LINE OF SAID NORTHWEST QUARTER, 165.0 FEET, THENCE EASTERLY PARALLEL WITH THE SOUTH LINE CF THE NORDIEAST QUARIER OF SAID NORRIWEST QUARTER, —0 FEET TO THE PLACE OF BEGINNING IN MCHENRY COUNTY, ILLOOIS. PARCEL 2: PART OF THE NORTHEAST QUARTER OF SECTION 2 TOWNSHIP 44 NORM RANGE 8 EAST OF IHE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FULL— COMMENGNG AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE BOB— OUARIER OF SAID SECTION 2; THENCE NORTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 1650 FEET FOR THE PLACE OF BEGINNING THENCE CONTINUING NORTHERLY ALONG SAID EAST LINE, 1650 FEET; THENCE EASIENLY PARALLEL WIN THE SOUTH LINE OF THE NORTHEAST OUART£R OF SAID NORTHWEST QUARTER EXTENDED ASO FEET TO THE CENTER LINE OF A TRA KLED ROAD RUNNING NORTHERLY AND SOUTHERLY THROUGH SAID SECTION THENCE SOUTHWESTERLY LONG SAID CENTER LINE, 16 F THE NORTHEAST QUARTER OF SAID NORTHWEST OUARTER EXTENDED, 39.0 FEET TO THE PLACE OE BEGINNING, IN MCHENRY COUNTY, ILLINOIS PARCEL 3 PART OF IHE NORP1VlEST QUARTER OF SECTION Z TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH BARTER CORNER OT SAID SECTION 2. THENCE SOUTHERLY ALMS THE EAST LINE OF THE WAR TER OF SAIO SECTION Z A DISTANCE OF 98950 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED BY EDI41N V KNOX TO ROBERT G MILLER AND HIE A- BY DEED RECORDED MAY 23. 1056 AS DOCUMENT NUMBER 308008 FOR THE PLACE OF ""N " THENCE WESTERLY ALONG THE NORTH LINE OF LAND 50 CONVEYED, NC£ OF 29LD F£Er TO TH£ NDRIHWEsr CORNER THEREOF; THENCE NORTHERLY PARALLEL KITH THE EAST LINE DE SAID NORTHWEST QUARTER, A DISTANCE OF 165 0 FEET; THENCE EASTERLY PARALLEL — THE NORTH LINE OF SAID PARCEL OF LAND CONVEYED BY KNOX TO MILLER, A DISTANCE OF 29TO FEET TO THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE SOUIHERLY ALONG SAID EAST LINE A DISTANCE OF 165 0 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS PARCEL 4: PART OF NE NORTHEAST QUARTER OF SECTION Z TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OE SAID SECTION 2; THENCE SOUTHERLY ALONG THE EAST LINE OF THE NORTHNEST QUARTER ME SAID SECTION Z A DISTANCE OF 98950 FEET TO THE NORTHEAST CORNER OU A PARCEL OF LAND CONVEYED BY £DWIN V. KNOX TO ROBERT G MILLER AND HIS WIFE BY DEED RECORDED MAY 23. 1956 AS DOCUMENT NUMBER 3D£008 FOR THE PLACE OF BEGINNNNG; THENCE NORTHERLY ALONG THE EAST LINE OT SAID NORTHWEST QUARTER, A DISTANCE OF 1650 FEET, THENCE EASTERLY PARALLEL WIN THE NORTH LINE EXTENDED EASTERLY OF SAID PARCEL OF LAND CONVEYED BY KNOX TO MILLER, A DISTANCE OF 560 FEET TO THE CENTER LINE OF BARRENLLE ROAD (ELBIN ROAD); THENCE SWTHVlES]ERLY ALONG SAID C£N TER LINE A DISTANCE OF 165M FEET TO POINT ON THE NORTH LINE EXTENDED EASTERLY OF SAID PARCEL OF LAND CONVEYED BY KNOXCTO £ OFMXL 'FEETE�OE £ PLACE CE BEGINNING. IN MCHENRY COUNTY OLOOIS. FLY A DISTANCE IH EXCEPTING THEREFROM THAT PORTION OF PARCEL J AND PARCEL 4 DESCRIBED AR—, LYING WITHIN BARRENLL£ ROAD (GREEN STREET). O ES: IT, m reoled for ua exation Plot. op w W th m a iota es out co gent lrotm aeProPe a9entyos Rt Greenolnc staking pup s ns No as umptions r Pgreeamentns as to ereM1ip,NOse orl pros a s�ion� 2c n be c nve d from this oM1 tl t tl o datonceushouldpbe as med by scat ng, tetl unless s own on no e . TM1is mop is void without o,igmol embossed or red colored seal and signature ffi..d. T/21/2020 9:58:24 AM J:\2020\200929\Survey\Dwgs\200929—Mnex.awg PLAT OF ANNEXATION TO THE CITY OF MCHENRY OF PART OF THE NORTHEAST 1/4 AND NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS. RaNr ae ;� I I 71N�14 MCNENR0 ONING''RG-2 EX15fING pl'fV OF I I I (291.0) (B6.0) 0 Al\,IQ.J"JSS P I I Q A— I ESti beta y0 pJ W PANT OF Aui ¢ Q 2p 02 g W Aa e}.l F- o �1 A W a oil ° 5t?G� epl ^ \Y LL I PWN �OF BEgNNMC I I GP To 1AA�p°JN` SSG �5 E J i I. LAND TO HE �ARC£LSI THE CITY DEMCHEZR ARE 2 (PIN 012) AN PARCELS DESCRIBED 7HE LANDS JO.4 (PIN 0111) DE RECORDED OCTOBER 201B AS 10LU 12118R 1121. IA— ✓OSEPH OOHERTY TRUST AND KIMBERLY DOHERTY TRUST AS THE— Z THE EMS CORPORATE LIMITS AND CITY OF MCHENRY ZONING INFO, AS SHOWN HEREON, ARE BASED UPON THE INTERACTIVE ZONING MAP OF THE GTY OF MCHENRY. —Ps: //www. n.mcnsPrr lLus/ oPs 3 EXISTING ZONING INFORMADON AS SHOWN HEREON, IS BASED UPON 1HE INTERACTIVE ZONING OF MCHENRY COUNTY. hf rps: //www.mchenrTeoun tTgls.oq/Planning i LARKIN LANE PINs: 14-02-100-011 14-02-100-012 GRAPHIC SCALE Ism-,y ln. COUNTY RECORDER'S STATE OF 4pNUL5 CERTIFlCATE ) 55 COUNTY of MCHENRY) THIS INSTRUMENT 10. THE RECORDERS DEFILE DAY OF _----_. WAS 11" FOR RECORD IN OF MCHENRY COUNTY, ILLINOIS, ON 20__ AT ----O'CLOCK __ .M EXISTING CORPORATE LIMBS OF THE CITY aF MCHENRY r LANDS TO BE ANNEXED TO THE CITY OF MCHENRY SURLEYOR'S cERnFlca nr STATE OF ¢LINOS ) ) B.B. COUNTY OE KANE ) I BERNARD J BAUER, AN ILLINDS PROFESSIONAL LAND SURVEYOR, HEREBY CERRFI£S THAT THIS PLAT WAS PREPARED FROM MAPS, PLATS AND OTHER INSTRUMENTS OF RECORD FOR THE USES AND PURPOSES HEREIN SET FORTH HR GREEN IN21, 2 RCRA, KANE COUNTY ILLINOIS y......�r� BERNARD J BAUER (bbauerQlr9reen.cwri) - LINOIS PROFESSIONAL LAND SURVEYOR NO.. 3J99 LICENSE EXPIRES 1113012020 v � cHe r ORDINANCE NO 21- Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org AN ORDINANCE GRANTING A USE VARIATION TO ALLOW THREE (3) HORSES AND FOUR (4) CHICKENS AT 219 S BARREVILLE ROAD UPON ANNEXATION WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by Doherty JD Trust, and Doherty KA Trust of 2150 Richmond Road, McHenry, IL 60050 ("Property Owner") requesting approval of a Use Variation to allow three (3) horses and four (4) chickens for the property located at 219 S Barreville Road and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on November 18, 2020 and December 16, 2020 in the manner prescribed by ordinance and statute; and WHEREAS, on December 21, 2020 the City Council voted to send the petition be reviewed by the Community Development Committee; and WHEREAS, the Community Development Committee met on January 5, 2021 and unanimously recommended denial of the Use Variance request; and WHEREAS, the City Council has considered the evidence and recommendations from the Community Development Committee and finds that the approval of the requested Use Variation is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a Use Variation upon annexation to allow three (3) horses and four (4) chickens subject to the following conditions: 1. The shed/stable shall be relocated to the mid -point of the fenced in area, directly west of the principal residence. 2. No waste/manure shall be stored on site. 5 v � cHe r Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 3. The horses shall be setback a minimum of 15 feet from the south property line. 4. The property owner shall install a row of canopy -canopy evergreen screening that is a minimum of 6 feet in height at the time of installation along the south property line to screen the horses from view of the adjacent property. 5. The property owner shall install a 6 foot privacy fence 15 feet from the south property line to reasonably screen the horses from view of the adjacent property and to protect the landscape screening. 6. The horses shall be permitted a maximum of ten (10) years from the date of passage. 7. The property owner shall have a minimum of sixty (60) days to relocate the fence and stable, and one (1) year to install the landscape screening. Both shall be inspected and approved by the Zoning Administrator. SECTION 2: In granting said Use Variance, the City Council finds that the Approval Criteria for Use Variations listed in §11-19-6 of the City of McHenry Zoning Ordinance have been met. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 18th day of January, 2021. Alderman Devine Alderman Glab Alderman Harding Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Ayes Nays Absent Abstain 0 Trisha Ramel, City Clerk cHen r Department of Community Development McHenry Municipal Center Exhibit A Legal Description of the Subject Property PINS: 14-02-100-011 & 14-02-100-012 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org PARCEL 1: PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER; THENCE NORTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 165.0 FEET FOR THE PLACE OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID EAST LINE, 165.0 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER, 291.0 FEET; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, 165.0 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER, 291.0 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. PARCEL 2: PART OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE NORTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 165.0 FEET FOR THE PLACE OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID EAST LINE, 165.0 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER EXTENDED 48.0 FEET TO THE CENTER LINE OF A TRAVELED ROAD RUNNING NORTHERLY AND SOUTHERLY THROUGH SAID SECTION; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE, 168.2 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER EXTENDED, 39.0 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. PARCEL 3: PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 2; THENCE SOUTHERLY ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2, A DISTANCE OF 989.50 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED BY EDWIN V. KNOX TO ROBERT G. MILLER AND HIS WIFE BY DEED RECORDED MAY 23, 1956 AS DOCUMENT NUMBER 308008 FOR THE PLACE OF BEGINNING; THENCE WESTERLY ALONG THE NORTH LINE OF LAND SO CONVEYED, A DISTANCE OF 291.0 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTHERLY PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 165.0 FEET; THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID PARCEL OF LAND 7 cHen r Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org CONVEYED BY KNOX TO MILLER, A DISTANCE OF 291.0 FEET TO THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID EAST LINE, A DISTANCE OF 165.0 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. PARCEL 4: PART OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 2; THENCE SOUTHERLY ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2, A DISTANCE OF 989.50 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED BY EDWIN V. KNOX TO ROBERT G. MILLER AND HIS WIFE BY DEED RECORDED MAY 23, 1956 AS DOCUMENT NUMBER 308008 FOR THE PLACE OF BEGINNING; THENCE NORTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 165.0 FEET; THENCE EASTERLY PARALLEL WITH THE NORTH LINE EXTENDED EASTERLY OF SAID PARCEL OF LAND CONVEYED BY KNOX TO MILLER, A DISTANCE OF 56.0 FEET TO THE CENTER LINE OF BARREVILLE ROAD (ELGIN ROAD); THENCE SOUTHWESTERLY ALONG SAID CENTER LINE, A DISTANCE OF 165.39 FEET TO POINT ON THE NORTH LINE EXTENDED EASTERLY OF SAID PARCEL OF LAND CONVEYED BY KNOX TO MILLER; THENCE WESTERLY ALONG SAID NORTH LINE, EXTENDED EASTERLY, A DISTANCE OF 48.0 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. EXCEPTING THEREFROM THAT PORTION OF PARCEL 3 AND PARCEL 4 DESCRIBED ABOVE, LYING WITHIN BARREVILLE ROAD (GREEN STREET).CE SOUTH 00 DEGREES 35 MINUTES 48 SECONDS WEST ALONG SAID EAST LINE, 361.24 FEET TO THE PLACE OF BEGINNING, IN MCHENRY, ILLINOIS. Staff Report for the City of McHenry Community Development Committee Petition: Z-974 Meeting Date: January 5, 2021 at 3:00 p.m. Address: 219 S. Barreville Road ("Subject Applicant: Doherty JD Tr, Doherty KA Tr, 2150 Property") Richmond Road, McHenry, IL 60050 ("Applicant and Owner") Site Information: The Subject Property consists of 2.19 acres, more or less, and is located east of Request: A Use Variance to allow 3 horses and 4 Knox Park and just west of the intersection of chickens on the subject property upon force Barreville Road and Larkin Lane. annexation. Aerial Rau � r f v ' r r �I I I� l�� z Y ,:,:,.; I:,. rr' �]C���I C. L[:1 iltii�i: '.]E'C70f' �. ll ID. IGEJ 9ie-91r5061::-C�rvn utsi v - t 100 200 400 Fee Zoning Map Current Zoning A-1 Agriculture (Unincorporated McHenry County) RS-2 Zoning Districts -� 1 m E Estate m RS-1 Low Density 5FR RS-2 RS-1A Medium Low Density 5FR RS-2 Medium Density SFR R5 H RS-3 Medium High Desnity SFR RS-4 High Density SFR RA-1 Attached Residential RM-1 Low Density Multi -Family RM-2 High Density Multi -family ar in Lr, MU Mixed use C-1 Convenience Commercial C-2 Neighborhood Commercial C-3 Community Commercial C-4 Downtown Commercial C-5 Highway Commercial — BP Business Park _ I-1 Industrial 0-1 Local Office 0-2 Office Park RS-1 Sources! F§r IDD Integrated Design ❑PerISt Fee HC Health Care A-M Agriculture and Mining Overlay 200 400 A 1 Agriculture Future Land Use MapDesignation: City of McHenry Future Land Use Map Es tate Residential Munic;jjjpal FutureLandUse Low Density Residential Commercial Parks and Environmental Low Density Residential Conservation Corridors Environmental Corridors Area Fie Medium -Density Residential Estate Residential I Parks and Conservation Area Water Agricultural _ Institutional High-Denisty Residential (Estate Residential Office Municipal Parks and Municipal Conservation Integrated Design District Esri, HERE, Garmin, NOAA, USGS, Industrial m Fee Business Park 500 1,000 Other Page 2 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 petitioner, Doherty JD Trust, and Doherty KA Trust of 2150 Richmond Road, McHenry, IL 60050, is requesting approval of a Use Variance upon force annexation to allow 3 horses and 4 chickens on the property located at 219 S. Barreville Road. A public hearing for the petition was first held on October 21, 2020 before the Planning & Zoning Commission. The item was continued to the November 18, 2020 Planning & Zoning Commission meeting for the petitioner to work with staff and the neighbors to come up with conditions to address various nuisance related issues such as smell and the location of the horse area. The City Attorney advised staff to have the Planning & Zoning Commission not vote on the petition due to a conflict of interest since the petitioner also serves on the Planning & Zoning Commission. No vote was taken at the November 18, 2020 Planning & Zoning Commission meeting and was forwarded to City Council without a recommendation. City Council then recommended the petition be sent to the Community Development Committee to be discussed and to make a recommendation to City Council. According to a Warranty Deed (record number: 2018R0020106), the petitioners purchased the subject property on May 21, 2018. The subject property consists of two parcels, with a combined total area of 2.19 acres. The horses are currently fenced in on approximately 0.80 acres, more or less, located behind the detached garage and principle residence. Currently zoned A-1 Agriculture in Unincorporated McHenry County, the subject property is allowed by the McHenry County Unified Development Ordinance (UDO) to have a maximum of 3 horses but there is no limit to the number of chickens. Staff does not know the exact amount of time the horses have occupied the subject property but it is estimated to be about one year, more or less. Staff could not locate any chickens on the subject property. Under the City of McHenry's Zoning Ordinance (ZO), should the property be annexed without approval of a use variance, the use would be classified as a (legal) nonconforming use which is governed by the nonconformities section of the City's Zoning Ordinance — see section on nonconformities overview & analysis. Concerns from Adjacent Property Owners The adjacent property owners located directly north and south of the subject property have strongly objected to the petitioner's request for a use variance. Some of the concerns identified include dust generated, smell of the manure, proximity of the horses to the well and property line of the property to the south, and stormwater runoff containing manure. However, if the horses were to remain, the adjacent property owners have generally agreed on the following conditions: 1. Re -locate the shed/stable to the mid -point of the fenced in area, directly west of the principal residence. 2. No waste/manure to be stored on site. a. NOTE: There is currently a refuse container in the front of the garage where manure is kept until picked up by a disposal service. The location of this refuse container is not permitted by the City's Health and Sanitation Ordinance. 3. The horses shall not be allowed to be within 15 feet of the south property line. a. NOTE: Property owner to the south has requested a minimum setback of 30 feet from the property line. 4. The property owner shall install a row of canopy -canopy evergreen screening (minimum 6-feet height at time of installation) along the entire length of the fenced in area that is parallel with the south property line. a. NOTE: Property owner to the south has requested a 6-foot privacy fence also be installed to help block dust and to protect the evergreens from the horses. 5. The horses and chickens shall be removed from the property after a period of 10-years* or when the property changes hands. *Staff has since amended its recommendation. (Staff report continues on next page) Page 3 NOTE: The petitioner desires to sell the existing property to the current tenants that own the horses. He is requesting that renters be included in this condition if it were to be added. 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. MCHENRY COUNTY UNIFIED DEVELOPMENT ORDINANCE Because the property is still located in unincorporated McHenry County, staff has provided below regulations regarding Horses and Chicken Coops from their UDO. • Equestrian Uses and Structures — Use Standards (Section 16.56.050G) 1. In the agricultural and estate districts, the keeping of horses for personal use is permitted on properties two (2) acres or larger. 2. A maximum of three (3) horses may be maintained on a two (2) acre parcel. 3. An additional gross lot area of fourteen thousand (14,000) square feet is required for each additional horse over eight (8) months of age on lots or parcels up to five (5) acres in area. 4. Lots or parcels of five (5) or more acres are not subject to a minimum lot area per horse. 5. Equestrian structures may include paddocks, polo fields, cross country courses, and the like. • Chicken Coops and Chicken Runs (Non -Agriculture Exempt) — Use Standards (Section 16.56.050D) 1. No person may keep more than six (6) chickens on any property at one time. 2. No commercial activity will result from the keeping of chickens on the property. 3. Roosters are not permitted. However, if the gender of a chick cannot be determined at hatching, a chick of either gender may be kept on the property for no more than six (6) months. 4. Chickens shall be kept in coops and fenced runs at all times. Chickens shall be kept in coops from dusk to dawn. 5. Chicken coops and runs shall meet the following standards: a. Chicken coops and runs shall be kept in the effective rear yard and shall be located at least ten (10) feet from any lot line and ten (10) feet from any other structure. b. The facility shall be kept in good repair, maintained in a clean and sanitary condition, and free of vermin, obnoxious smells, and substances. The facility shall not create a nuisance or disturb neighboring residents due to noise, odor, damage, or threats to public health. c. The chicken coop and run shall be designed to ensure the health and well-being of the animal is not endangered by the manner of keeping or confinement. d. The chicken coop and run shall be adequately lighted and ventilated. 6. No storage of chicken manure is permitted within twenty (20) feet of the lot line. 7. Slaughtering of chickens on -site is prohibited. (Staff report continues on next page) Page 4 NONCONFORMITIES ORDINANCE OVERVIEW & STAFF ANALYSIS 0&A1&_LAJ TYPES OF NONCONFORMITIES Nonconforming Structures — a structure that does not conform to setback and bulk requirements of underlying zoning district. Nonconforming Use — a use in a zoning district that is not permitted. Existing City of McHenry Nonconformities Ordinance The goal of the nonconformities ordinance is to eliminate nonconformities that may or may not be adversely impacting adjacent properties. It is also in place to promote uniform and harmonious development throughout the City in the long run. The purpose of the nonconformities section of a zoning ordinance is to outline rules that would ultimately lead to the discontinuation of nonconforming uses or structures without compromising the rights and interests of individual property owners. It is also a means of implementing the city's shared vision of future land use regulations and the built environment. Under the City's nonconformities section of the Zoning Ordinance, a nonconforming use shall not be replaced if discontinued for a period of 30 consecutive days. Additionally, nonconforming uses and structures cannot be expanded, enlarged, or moved unless the action decreases or eliminates the nonconformity. The Nonconformities Ordinance also provides regulations for structures that house the nonconformity — in this instance it would be the lean-to/stable. Currently, a structure that houses a nonconformity can be replaced if damaged or destroyed; however, staff is proposing a complete repeal and replacement of the existing nonconformities section of the Zoning Ordinance. The new language would be modeled after commonly accepted zoning practices — the attached ordinance is modeled after South Elgin which is a model ordinance recommended by the Chicago Metropolitan Agency for Planning (CMAP). New Nonconformities Section The draft Nonconformities Ordinance that will be presented to City Council on January 18, 2021 will include what's commonly referred to in real estate as the'S0-percent rule'. The means that if a nonconforming structure or a structure that houses a nonconforming use is damaged or destroyed to the extent of 50 percent or more of its replacement value than the structure cannot be replaced unless it conforms with the underlying zoning district regulations. This is standard language found in nearly all modern zoning ordinances. Sun -setting Nonconformities through Amortization One technique that has been used to eliminate nonconforming uses is amortization. Amortization is "...a technique for the removal of nonconforming uses after the value of a nonconforming use has been recovered — or amortized — over a period of time. In some instances zoning ordinances set time period for phase out different types of nonconforming uses. Since the value of the use has been amortized, no compensation is payable after the expiration of the period." (Collins, 2000, p. 215) The amortization period is meant to provide an economic cushion, not to reimburse expenses. How to determine a fair and reasonable time frame varies. In Texas, U.S. Courts have upheld the amortization period of a riding stable to be 6 months (Collins, 2000, p. 229) — staff does not know if it was accessory to a commercial or residential use. Some zoning ordinances broadly amortize 'minor' nonconforming uses such as in West Hollywood, California which assigns a termination period of 5 years for minor nonconforming uses in conforming structures. Staff would need more time to discuss amortization with the City Attorney which may require a zoning text amendment. CURRENT LAND USE & ZONING: Unincorporated McHenry County, A-1 Agriculture District (Residential) The subject property is zoned A-1 Agriculture District in Unincorporated McHenry County. Horses and chickens are permitted by right in the A-1 District. However, once annexed, the subject property will be rezoned to the most restrictive form of residential zoning as required by the City's ordinances — because the subject property is greater than 1 acre, Estate District Zoning would be most appropriate. The City of McHenry's Zoning Ordinance does not permit horses and chickens in residential zoning districts and the use and would therefore be classified as a legal nonconforming. Page 5 The primary concern is how the proposed use(s) will impact adjacent property owners. Staff believes approval of the applicants' request to allow horses and chickens in a single-family residential area would negatively impact property values. Staff believes that horses, when located in more rural areas, can positively impact property values. However, in this instance, the horses are located in a single-family residential area. Typically, larger rural lots can afford horses because the houses are setback a greater distance from the side and rear lot lines. The northern half of the subject property (1.2 acres) cannot be utilized due to the 18-20 foot drop in grade — which leaves approximately 1 acre of usable space. The property owner to the north is not impacted as much as the property to the south due to this drop in grade. The horses are located on a 0.80-acre tract of land on the southern half of the subject property. The neighboring property's principal residence to the south sits approximately 25 feet from where the horses are located. In comparison, the subject property's principal residence is located approximately 40 feet from where the horses are located. Staff believes the burden has been disproportionately shifted onto the property owner to the south as opposed to the subject property owner. Although staff is not recommending approval, if approved then staff recommends the horses should remain a minimum of 15 feet from the south property line. In addition to the setback, staff also recommends a 6-foot privacy fence and canopy -canopy evergreen screening be installed parallel with the south property line. Staff believes this would assist in mitigating noise and dust generated by the horses. Another concern of staff is the current location of where the manure is stored. The refuse container is currently stored in the drive way of the subject property that is adjacent to the principal residence. The City of McHenry Health and Sanitation Ordinance does not permit the storage of garbage and refuse containers between the street and the principal structure. FUTURE LAND USE PLAN RECOMMENDATION: Estate — Residential The Future Land Use Plan Recommends Estate -Residential land use of the subject property. Horses and chickens are not permitted within residentially zoned districts. The request to have 3 horses and 4 chickens is not consistent with the Future Land Use Plan recommendation. COMPREHENSIVE PLAN OBJECTIVES AND POLICIES Overall, staff believes the proposed use variance is not consistent with the City's Comprehensive Plan objectives and policies. Staff comments italicized. Land Use Goal - Develop a land use plan for the City that creates orderly growth and development, and achieves compatibility with surrounding communities, is consistent with other plans and programs of the city and maintains McHenry's unique character. • Objective — Allow a mixture of land uses in appropriate areas to promote responsible growth while providing a high quality of life to the residents. o Policy — "Preserve and expand areas of residential land use." ■ Although somewhat rural, the trend in development in the area has shifted towards low -density and estate sized properties. As opposed to larger rural lots of 40 acres or more, it is easier for nuisances generated from activity to spillover onto adjacent properties. Staff does not believe the request is consistent with the overall land use goal of compatibility with the surrounding communities. (Staff report continues on next page) Page 6 STAFF RECOMMENDATION In summary, staff does not recommend approval of the petitioner's request. Given the proximity of the horses to the adjacent residential property, staff believes that keeping of horses and chickens will adversely impact the property to the south. Staff has provided three options below for the Committee's consideration. All three options include force annexation at the next City Council meeting on January 18, 2020. 1. Option 1— Staff recommended a. The subject property shall be force annexed. b. The Use Variance is denied and therefore classified as a nonconformity. c. Staff works with the City Attorney to draft an Ordinance amortizing the use no later than 3-5 years from date of annexation to present to City Council at a future meeting. Option 2 a. The subject property shall be force annexed. b. The Use Variance is denied and therefore classified as a nonconformity. Option 3 a. Subject property is forced annexed. b. The Use Variance is approved subject to the conditions outlined below. c. A deed restriction shall be recorded with the County that states the property cannot be sold unless the horses and chickens are removed from the property and approval is given by the City of McHenry Community Development Director. Conditions for Option 3: 1. Re -locate the shed/stable to the mid -point of the fenced in area, directly west of the principal residence. 2. No waste/manure to be stored on site. a. NOTE: There is currently a refuse container in the front of the garage where manure is kept until picked up by a disposal service. The location of this refuse container is not permitted by City Ordinances. 3. The horses shall not be allowed to be within 15 feet of the south property line. a. NOTE: Property owner to the south has requested a minimum setback of 30 feet from the property line. 4. The property owner shall install a row of canopy -canopy evergreen screening (minimum 6-feet height at time of installation) along the entire length of the fenced in area that is parallel with the south property line. a. NOTE: Property owner to the south has requested a 6-foot privacy fence also be installed to help block dust and to protect the evergreens from the horses. 5. 10 years max and if the property changes ownership the property must be returned to a conforming standard. a. NOTE: The petitioner desires to sell the existing property to the current tenants that own the horses. He is requesting that renters be included in this condition if it were to be added. MOTION I motion to recommend approval of [INSERT OPTION] subject to the terms and conditions outlined within the staff report. By making said motion, I believe that the Approval Criteria for Use Variances [HAVE OR HAVE NOT BEEN MET]. Note: It is recommended to reference what specifically did or did not meet the approval criteria after the motion has been made during the committee discussion of the motion. 11-19-6: APPROVAL CRITERIA FOR USE VARIANCES: In recommending approval of a use variance, the Planning and Zoning Commission shall transmit to the City Council written findings of fact that all of the conditions below apply to the application. The City Council shall not be bound by the recommendation of the Planning and Zoning Commission. However, in granting approval, the City Council shall similarly find that all of the following conditions apply: 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 report continues on next page) Page 7 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. 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. 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. 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. (Ord. 94-614) Attachments: • Petitioner's Application • Margaret Collins, Methods of Determining Amortization Periods for Non -Conforming Uses, 3 WASH. U. J. L. & POLY 215 (2000), https://openscholarship.wustl.edu/law journal law policy/vol3/issl/9 • Draft Nonconformities Ordinance Page 8 2 3 4. 5 6. FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number 333 South Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 Name of Applicant Doherty JD Tr, Doherty KATr Address 2150 N Richmond Road McHenry, IL 60050 Name of Property Owner (If other than Applicant) Address Name of Engineer (If represented) Address Name of Attorney (If represented) Address Common Address or Location of Property 219 S Barreville Road Requested Actions) (check all that apply) Zoning Map Amendment (Rezoning) _Conditional Use Permit X Zoning Variance Tel Fax Tel Fax Tel Fax _Zoning Variance -Minor _Zoning Text Amendment Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: Use Variance to allow three horses and four chickens FORMA Page 1 of 3 7 9. Current Use of Property Residence and farmette with four chickens and three horses Current Zoning Classification of Property, Including Variances or Conditional Uses AI Agriculture Unincorporated McHenry County Current Zoning Classcation and Land Use of Adjoining Properties North: RS-2 Medium Density Single -Family Residential Residences South: Al Agrriculture Residence East: RS-1 Low -Density Single -Family Residential Residences West: RS-3 Medium -High Density Single -Family Residential Knox Park 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. 1. Application Fee (amount) $ 2. Narrative Description of Request 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application 5. FORM C — Conditional Use Application 6. FORM D — Zoning Variance Application 7. FORM E — Use Variance Application 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORMA Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. A.p�licant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature ofApplicantsl Print Name and Designation of Applicants) FORMA Page 3 of 3 FORM E File Number USE VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 Table 32(A) of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a use variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Practical Difficulties or Particular Hardship The strict application of the provisions of the Zoning Ordinance 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 a mere inconvenience. Property was just purchased; owners would like to annex and time is required to ensure animals are cared for the long-term. A use variance with a time limit is appropriate for the subject property. 2. Reasonable Return The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the Zoning Ordinance for the pertinent zoning district. Property was purchased with the intent of keeping chickens and horses. (additional acreage) 3. Unique Circumstance Special circumstances exist that are peculiar to the property for which the use variance is sought which do not apply generally to other properties in the same zoning district. Property is eg nerally larger than other properties in the immediate vicinity. 4. 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. Propegy is large enough in size -keeping of chickens and horses will not alter local character. Property backs up to open space and is adjacent to lar er property to the south. FORME Page 1 of 2 5. Consistent with Comprehensive Plan The granting of the use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. The 61anting of the use variance will be in harmony with the eg neral purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City as viewed in light of any changes conditions since their adoption. FORME Page 2 of 2 Methods of Determining Amortization Periods for Non -Conforming Uses Margaret Collins* In the mid 1990s the Planning Department of the Hong Kong government became interested in the American concept of the amortization of non -conforming uses to eliminate noxious land uses threatening the viability of residential areas. Dan Mandelker, my former law professor, led a panel of international experts. The panel served as advisors to the Hong Kong planners on the American experience with amortization and to help them establish a well -conceived, comprehensive, and legally -defensible approach to establishing an amortization system in Hong Kong. Dan provided the historical and legal perspectives, while my own research focussed on techniques to determine amortization schedules for phasing out non -conforming uses. This article provides a brief summary of Professor Mandelker's work and then discusses nuts -and -bolts approaches to (1) determining the costs to be amortized and (2) setting the amortization period to recover those costs. * Margaret Collins, AICP, is a former student of Daniel Mandelker's. While she was a graduate student at Washington University, Ms. Collins co-authored Reviving Cities with Tax Abatement, with Professor Mandelker and Gary Feder. During the 1980s, she was a Director of Roger Tym and Partners, a leading United Kingdom firm of Urban and Land Economists. In the early 1990s she returned to the United States to establish Cambridge Economic Research, a consulting practice specializing in local and regional economic development strategies. Her practice has advised on planning real estate development issues in Asia, South and Central America, the Caribbean, Europe, and in Africa. With Professor Mandelker, she has done a significant amount of work for the planning department of the Hong Kong Special Administrative Region on the applicability of American planning techniques and development practices to the challenges faced by land use practitioners in Hong Kong. Her practice is based in Cambridge, Massachusetts. 215 216 Festschrift [Vol. 3:215 I. HISTORICAL CONTEXT Amortization in the American planning system is a technique for the removal of non -conforming uses after the value of a non -conforming use has been recovered —or amortized —over a period of time. In some instances zoning ordinances set time periods for phasing out different types of non -conforming uses. Since the value of the use has been amortized, no compensation is payable after the expiration of the period. The United States is the only country in which this technique has been used. The beginnings of amortization can be traced from the birth of zoning ordinance in 1916, but it was not until the early 1950's that amortization began to be more widely adopted. The technique was used sporadically until 1965. During this period, it became apparent that amortization was most effective in eliminating uses having structures with relatively low values, like non -conforming signs or sheds with outdoor storage. The use of amortization was curtailed in 1965, when congress adopted the Highway Beautification Act. The Act provided for compensation of non -conforming billboards on federal highways. In 1978 Congress amended this Act to specifically prohibit amortization of non -conforming billboards on federal highways. Although cities can still amortize non -conforming billboards not located on federal highways, this has become more difficult politically. While only eight states expressly authorize amortization of non -conforming uses, some courts have held that a statutory general welfare provision may confer the power to amortize. A survey of 489 cities showed that, although planners in 159 cities had access to amortization programs, only 27 cities had actually used them. The use of amortization to eliminate non -conforming uses has been fragmented and, for the most part, limited to uses where there has been little or no substantial investment in structures. There is no general consensus on methods of setting amortization periods, particularly for major structures; this is partly because the technique has been rarely applied to high value buildings. There are some exceptions to this rule 2000] Determining Amortization Periods 217 that are highlighted in the following sections to illustrate methods for amortizing buildings that have been found acceptable by American courts. II. VALIDITY The amortization technique, as applied to non -conforming uses, has been described as more of a postponement than a solution. It has the virtue of cushioning the economic shock; it has the vice of delay. Courts have held that the validity of application of an amortization technique need not depend on exact compensation for all economic loss. In order to be a reasonable exercise of the police power, the termination process must mitigate the private loss by allowing the owner a reasonable period to recoup his investment in the non -conforming use. The process of determining amortization periods is not merely a matter of accountancy, it is rather a "balancing test" weighing the private cost against the public gain. Also considered is the magnitude of the cost to the owner and its economic impact on the business and the individuals concerned. It is not required that the nonconforming property have no value at the termination date. The determination of whether or not the period is reasonable involves a careful weighing of the public gain to be derived from the removal of the use against the private loss which removal would entail. The amortization technique is perhaps more art than science. Indeed, there is no universally -accepted approach to amortization. Approaches used vary widely and have been subject to court tests of reasonableness from a variety of perspectives. This article is devoted to illuminating what exists of sound methodology to determine reasonable amortization periods for non -conforming uses. There are two principal steps to be undertaken in calculating amortization periods: (1) The costs to be amortized must first be established. These are called "unrecoverable costs." (2) The amortization period to recover these costs must then be established. 218 Festschrift [Vol. 3:215 III. BASIS FOR UNRECOVERABLE COSTS The basis for the calculating the unrecoverable costs to be amortized must be established. A consistent base for calculating unrecoverable costs in all situations can be proscribed by ordinance or it can be determined on a case -by -case basis. As in conventional property value appraisal techniques, there are three main approaches to understanding value for the purposes of determining unrecoverable costs: (1) The owner's investment in the premises; (2) The fair market value as determined by recent sales of comparable properties; (3) The replacement cost —for the purposes of amortization is defined as the cost of comparable premises in a different location. Table 1 illustrates the differing results yielded by these three methods by applying them to the same case. The fair market value approach results in base costs of $75,000. The owner's investment method yields base costs of $45,000, while the replacement cost methods results in the lowest base costs of $35,000. It is possible to specify the basis to be used to determine unrecoverable costs by ordinance. Alternatively, the appropriate base could be determined on a case -by -case basis. The advantage of the case - by -case approach is that it gives the zoning authority flexibility in choosing a method suited to the individual circumstances of the business. Establishing a uniform basis for all cases by ordinance, however, reduces vulnerability to charges of arbitrariness in valuing unrecoverable costs. If there is a choice of basis, the owner's investment is likely to provide a lower basis for calculation of unrecoverable costs than the other two methods, given the appreciation in property values over time. In some cases, however, it is more beneficial to the enforcement authority to consider replacement costs as the basis. Using replacement costs can yield lower base values in cases where the cost of relocation premises will be less than the residual value of the present non- conforming site. In Table 1, the application of the three methods to the same case is examined. In this case, the replacement cost approach yields the lowest base for unrecoverable costs. 2000] Determining Amortization Periods 219 Table 1 Application of Three Alternative Methods to the Same Case to Assess the Basis for Valuing Unrecoverable Costs Fair Market Value Fair Market Value of Building $100,000 Minus the Value of the Land $10,000) Minus Salvage Value of Building $15,000) Base Unrecoverable Costs $75,000 Owner's Investment Owner's Investment in Building $70,000 Minus the Value of the Land ($10,000) Minus Salvage Value of Buildings ($15,000) Base Unrecoverable Costs $45,000 Replacement Cost of Premises Land at New Location $10,000 Construction Costs $50,000 Base Costs $60,000 Minus Salvage Value of Buildings ($15,000) Minus Resale Value of Land ($10,000) Base Unrecoverable Cost $35,000 Tables 2, 3, and 4 present full details of three real cases of amortization of non -conforming uses that were heard by state courts. In all three cases the court accepted the particular method of calculation. In Murmur Corp v. Dallas Board of Adjustment' (Table 2) and in Neighborhood Committee on Lead Pollution v. Board of 1. 718 S.W.2d 790 (Tex. App. 1986). 220 Festschrift [Vol. 3:215 Adjustment2 (Table 3) the owner's investment in the site was the basis. In contrast, in Los Angeles v. Gage,3 which is considered to be a seminal case on amortization, the replacement cost of property was the basis for calculation of the owner's unrecoverable cost (Table 4). A. Determining the Owner's Investment Since amortization is concerned with establishing periods during which an owner can recoup her investment nonconforming uses, the owner's actual investment has normally been upheld by courts as a valid basis for determining unrecoverable costs. It is, of course, necessary to also consider the cost of replacement premises in calculating the owner's unrecoverable costs, but this can also be factored in to adjust the base value after it is determined, as will be discussed shortly. In establishing the base value of the property in question, there are a number of options for determining the amount of the owner's investment: (1) The original purchase price of the land, the buildings, or both (in the case of non -conforming uses in non -conforming structures). This is always relevant. (2) Any investment in improvements made after the original purchase but before the date on which the ordinance was passed creating the zoning change. (3) Any investment in improvements made after the date of the zoning change that made the use non -conforming. In calculating the owner's investment in the property, the original purchase price of the property is, of course, a fundamental component. 2. 728 S.W.2d 64 (Tex. App. 1987). 3. 127 Cal. App.2d442 (1954). 2000] Determining Amortization Periods 221 Investment in improvements made after the property up to the date that the use became non -conforming is usually added to the base price. Investment after the date of the ordinance that made the use non- conforming is generally disallowed; in the Murmur case presented in Table 2, the court refused to consider the cost of installing pollution control equipment that was installed after the date of the zoning change, even though it was mandated by environmental regulations. The court regarded this as a normal expense of keeping abreast of technological and regulatory changes in the industry and not as an investment. In order to avoid ambiguities, amortization legislation should be clear on what investment is allowable in adjusting unrecoverable costs. In determining base investment values for amortization, it is important to distinguish between investment in the site and investment in the building. In the Murmur case the court held as invalid an attempt to amortize a non -conforming lead smelter on a conforming site, because the Dallas Board of Adjustment had considered the value of site in determining the amortization period instead of the value of the non- conforming building. This is a technicality that would not have affected the amortization period, since, as noted in a dissenting opinion, the owner had no real investment in the structure. Nonetheless, the amortization action was held to be invalid by the court. However, the method of calculation was accepted but not the basis. 222 Festschrift [Vol. 3:215 Table 2 Murmur Corp. v. Dallas Board of Adjustment Calculation of Unrecoverable Costs for Amortization of a Lead Smelter 1986 Site & Non -Conforming Use: 26.7 acres of land with non- conforming lead reclamation smelter Area covered by lead Smelter: 6.5 Acres Date of Purchase: May 1984 (10 Years after the ordinance waspassed) Date of Ordinance 1974 Date of Termination 1990 Purchase Price of Site $25,000 Present Value of Site $2.50 sq. ft. / $707,850 for the 6.5 acres Demolition Cost of Lead Smelter $225,000 Original Purchase Price of Site $25,000 Plus Site Works Needed for Disposal: Demolition Costs $225,000 Environmental Clean U $504,000 Subtotal $729,000 Total Investment $754,000 Minus Residual Value: Site Value @ $2.50 sq.ft. / 6.5 acres $707,850 Salvage Value of Structure & Equipment 500,000 Subtotal $1,207,850 Unrecoverable Investment/(Profit) from Disposal ($453,850) Amortization Period for Smelter Immediate Termination. Owner has no investment in Structure 2000] Determining Amortization Periods 223 B. Depreciation Methods Courts have upheld the right of zoning boards to allow for depreciation of an owner's investment in property. The Internal Revenue Service (IRS) has established the following depreciation periods for different classes of property: Class of Property IRS Depreciation Period oo Office Machinery & Vehicles 5 Years oo Office Furniture & Fixtures 7 Years oo Non -Residential Real Estate 31.5 Years oo Residential Rental Property 27 Years More accelerated depreciation is allowable for certain classes of property acquired during defined time periods. In calculating net taxable profits, depreciation of business property is allowable as a deduction from the gross income of the business. Other methods of determining the useful life span of a structure can be used, but the IRS periods are popular because they are legally defensible. There are three main methods of depreciation: straight line, double - declining balance, and sum of the years digits. The double -declining balance and the sum of the years digits methods allows for accelerated depreciation during the early years of the amortization period. A cement plant with a value of $1 million would have a depreciated value of $633,333 in year 5 under the straight line method. Under the double - declining balance method, it would be worth $438,946. Under the sum of the years digits method it would be valued at $435,417 in year 5. Depreciation can be calculated from the date of construction. As a concession to the property owner, however, most ordinances start the time clock on the date that the use became non -conforming. The way in which depreciation is generally used to adjust the basis for determining the unrecoverable costs is best illustrated in Table 3 with the Neighborhood Committee on Lead Poisoning case. This case involved the amortization of a lead smelter. The company's investment in the facility up to the date of the zoning change was $3 million. The zoning change occurred 10 years before the company was given notice that it must cease operation in 6 years. The plant had a useful life of 14 years 224 Festschrift [Vol. 3:215 for tax depreciation purposes. Straight-line depreciation was calculated from the date of the zoning change, rather than from the date of the original investment in the structure. The basis for unrecoverable costs was determined to be $857,153 (ten -fourteenths of the value of investment up to the time of the zoning change). The base value is not always depreciated in determining the amortization period, but courts have found this a valid method of reducing the amount of unrecoverable costs, since an owner can be regarded as having recouped his investment by taking the full depreciation of the structure as a tax deduction. Table 3 Neighborhood Committee on Lead Poisoning vs. Board ofAdjustment Calculation of Unrecoverable Costs for Amortization of a Lead Smelter 1986 Property: Non -Conforming Lead Smelter Date of zoning Change: 1974 Purchase Price: $3,000,000 Amortization Period: 6 years, excluding 10 years that had passed since the zoning change. IRS Depreciation Period for Smelter: 14 years, of which 10 had passed since the zoning change Depreciated Value of Structure: $857,153 Owner's Return on Investment 15% Calculation of Amortization Period Conducted by the Board of Adjustment Unrecoverable investment in structure at Date of Termination $857,153 Annual return on investment (15% of above line) $128,571 Number of years needed to recoup investment 6 Years Decision: The amortization period prescribed by the local authority was held to be reasonable. 2000] Determining Amortization Periods 225 C. Factors Increasing & Reducing Depreciated Unrecoverable Costs After determining the depreciated base value, this value is then adjusted for a number of factors which can either increase or reduce the amount of unrecoverable costs. Factors that may reduce the owner's unrecoverable costs include the resale value of the site in a conforming use and the salvage value of the building. Factors that reduce the owner's unrecoverable costs include the: oo Salvage value of buildings oo Salvage value of capital equipment oo Value of land in a conforming use oo Tax depreciation oo Investment recovery at and after the effective date of the ordinance oo Nuisance value oo Inevitability of relocation Factors that increase unrecoverable costs include: oo Demolition oo Investment in improvements after purchase oo Environmental clean up oo Appreciation of value of land & buildings oo Value of a relocation site oo Relocation costs oo Loss of business good will oo Moving costs oo Costs of advertising a new location Other factors that can either increase or reduce recoverable costs are: oo Nature of the business oo Character & type of structure oo Expected annual income oo Existence of lease obligations. 226 Festschrift [Vol. 3:215 In the Gage case, presented in Table 4, the basis for unrecoverable costs was the cost of replacement premises, estimated at $10,000. From this the value of the existing premises in a conforming residential use was deducted ($7500) and moving costs of $2,500 were added to the damages for a total of $5,000 in unrecoverable costs. Table 4 Los Angles vs. Gage Non -Conforming Use in a Conforming Structure Non -Conforming Use: Plumbing Supply business in a residential structure Gross Revenue of Business: $125,000 to $350,000 a year Cost of Replacement Property $10,000 Resale Value of Current Property $7,500 Cost of Moving Inventory $2,500 Amortization Period 5 years from passage of the ordinance Factors Considered in Determining that the Amortization Period was Reasonable Replacement Cost of Property $10,000 Minus Residential Resale Value 7,500 Unrecoverable Investment in Premises 2,500 Plus Moving Costs 2,500 Total Unrecoverable Costs $ 5,000 Gross Annual Sales for the past five years $1,000,000 Percent of Costs 0.5% Decision: The five year amortization period was held to be reasonable by the California court because the cost to the non- conforming business would be slight in relation to total gross sales over the five year amortization period. This minor loss would be exceeded by the public benefits entailed in elimination of the non- conforming use. 2000] Determining Amortization Periods 227 A growing component of site disposition costs is environmental clean-up works. Virtually all old heavy industrial sites now require expensive treatment before they can be disposed of for reuse. The availability of a relocation site in the market area is sometimes a factor. There have been cases where courts have held invalid the amortization of uses where there are no sites available for relocation in the market area. In the Murmur case (see Table 2) the demolition and environmental cleanup of the site, some $754,000, was added to the $25,000 acquisition cost of the site. From this total was deducted the value of the site in a conforming use and the salvage value of the structure and equipment. Since the residual value of the site exceed the unrecoverable costs by $453,850, the Dallas Board of Adjustment considered Murmur to have no investment in the structure and terminated their operations without an amortization period. (This action was held to be invalid because it considered the value of the site against the value of the non -conforming building. The site was in a conforming use which was not subject to termination.) IV. THE CONCEPT OF "RECOUPMENT" OF UNRECOVERABLE COSTS Inherent in the amortization technique is the principal that a municipality can order an establishment to cease operations for a vital public purpose if it allows the property owner sufficient time to recoup his investment in the property. In the previous sections, I examined various definitions of the concept of the "owner's investment" and demonstrated the ways in which the investment can be depreciated and adjusted to allow for both costs and gains involved in disposal and resale of premises. Yet, just what is meant by the concept of "recoupment of costs" is also open to debate and defmition. Conventional amortization approaches establish fixed periods for termination of uses, which are based on the "useful life" of the structure. The fixed period normally begins on the date of the zoning change rather than on the date that the owner took possession of the premises and began to depreciate them for tax purposes. Since the time allowed by the IRS depreciation period will have been more than sufficient to fully depreciate the property for tax purposes, then the owner is regarded to have recouped his costs. As previously noted, the courts have been amenable toward IRS depreciation periods. 228 Festschrift [Vol. 3:215 In a limited number of cases courts have not agreed that because a building has been depreciated for tax purposes it has no market value. In most cases, however, the fundamental principal that amortization need not fully compensate the owner for all losses, but must reduce those losses to a tolerable level. In the Gage case illustrated in Table 4, the "bottom line" uncovered costs amounted to $5000 after calculating the replacement versus cost of property, deducting the resale value of the non -conforming site, and adding moving costs. Gage's annual gross sales during the 5-year amortization period totaled $1,000,000. Since $5,000 is just 0.5% of $1,000,000, the court found that the cost to Gage would not be onerous compared to the public gain to be realized by the cessation of a plumbing supply business in a residential neighborhood. The California Court therefore upheld the 5-year amortization period for the non -conforming use as valid. V. ESTABLISHING REASONABLE AMORTIZATION PERIODS There are two principal methods for determining the amortization period: (1) the fixed period approach and (2) case -by -case methods, the most common of which we call the "Recoupment of Investment" method. The fixed period approach has been applied to signs and modest structures in which there is minimal investment. Fixed amortization periods for more substantial structures can range up to 60 years. The recoupment of investment approach has been used successfully in some cases to retire uses with more substantial buildings. The American Planning Association's Model Statute on amortization authorizes local authorities to use either or both methods, depending upon the case. Ways to determine the amortization period using both the fixed period and case -by -case methods are examined below. A. Fixed Periods Traditionally, conventional amortization provisions have not been based on sophisticated financial analysis. Provisions for amortization in most zoning ordinances set up schedules specifying varying periods for categories determined by use or by the value of the non- conforming structure. As has been discussed, uses involving open storage with minimal investment in structures and non -conforming 2000] Determining Amortization Periods 229 uses in conforming buildings have been relatively easy to amortize. High value structures have presented thorny problems because of the long periods required to amortize them, which render conventional amortization approaches ineffectual in terminating these uses. Attempts to amortize high value buildings have been limited to cases where they constitute a severe nuisance. Table 5 shows the amortization periods that have been upheld by court decisions for various types of uses. Non -Conforming uses in conforming buildings have typically been amortized in 1 to 5 years. Periods upheld for minor structures and outdoor storage have ranged from 6 months for a riding stable in a residential area of Dallas up to 7 years for dog kennels in an Omaha neighborhood. A limited number of more major structures have been successfully amortized. These have been deemed to constitute a substantial nuisance to their environs and have been given periods ranging from 10 years for gas stations and up to 20 years in the case of a cement plant. Table 6 presents amortization time periods that are recommended in model zoning guidelines. Table 5 Examples of Amortization Periods Upheld by U.S. Courts Class of Use Use Time State Period Non- Grocery Store 1 year LA Conforming Plumbing Supply Store 5 years CA uses in Check Cashing 18 months MD conforming Adult Stores 1-5 years Numerous buildings Riding Stable 6 months TX Minor Junkyards 1 to 5 year Numerous Structures & All Non -Building Uses lyear WA Open Billboards & Signs 2 to 5 Numerous Storage Dog Kennels years NE 7 years Cement Plant 20 years CA Major Gas station 10 years FL Structures Gas Station 25 years TX Lead Smelting Plant 16 years TX 230 Festschrift [Vol. 3:215 Table 6 Amortization Time Periods for Various Uses Recommended in Model Zoning Guidelines Single -Family Residential Uses Exempt Signs & Minor Structures 3 years High Density Residential Uses 10-20 years Commercial & Office Buildings 1 20-30 years Factories & Hotels 1 40-50 years Source: The Zoning Report, July 23, 1993 In the middle of this century, most major cities adopted ordinances calling for a comprehensive application of amortization to the full gamut of industrial and commercial structures. This became almost nonsensical for major uses, which were granted extremely long amortization periods. A 1954 Los Angeles zoning ordinance provided amortization periods of up to 40 years, and the time clock did not start for another 20 years. Portland, Oregon's 1956 zoning ordinance provided for periods of up to 60 years for commercial and industrial structures and did not take effect for 15 years. Since mid-century most municipalities have ceased attempting to specify set periods for high -value nonconforming structures. Some municipalities found that long amortization periods could entail more liabilities than benefits. Granting a 60-year life to a use that constitutes a nuisance in a neighborhood can be a serious deterrent to investment in conforming structures. Moreover, long amortization periods have been shown to discourage investment and maintenance in structures, further exacerbating their blighting influence on the surrounding neighborhood. Within a time frame of 30 to 60 years, an area could be totally altered, and thus, the public purpose served by amortization, like the pot of gold at the end of the rainbow, may have disappeared at the end of the amortization period. Today, zoning codes authorizing amortization of major land uses are rare. There are exceptions to this general rule, however, such as West Hollywood, California's zoning ordinance that sets out the schedule for amortization of a comprehensive range of uses and structures, which is 2000] Determining Amortization Periods 231 presented in Table 7. Up until 1986 the city of West Hollywood was part of Los Angeles County. The county permitted a range of uses, mainly manufacturing and night clubs, that became illegal in the zoning ordinance that was adopted by the city in 1986. The ordinance specified that all non -conforming uses with a value of under $500,000 should be amortized in five years. Non -conforming buildings in conforming uses are given three years. Periods from 35 to 50 years are granted to major industrial and commercial structures. Longer periods are granted to masonry and fire-resistant structures than to wood frame buildings. Table 7 West Hollywood, CA Amortization Periods Specified in Zoning Ordinance Class Use Termination Period Minor Structures & Buildings valued at less 3 years Uses than $500,000 5 years Non -conforming uses in conforming structures Structures with light Stores & factories 35 years combustible or Any other building not 25 years wood frames specified elsewhere Structures of heavy Single & Multi -family 40 years timber or masonry residential uses 40 years Structures with retail below & residential above Fire Resistive Single & Multi -Family 50 years Structures Residential Uses 50 years Theatres, warehouses, 50 years stores, & garages Factories and industrial buildings Source: West Hollywood, CA zoning ordinance. 232 Festschrift [Vol. 3:215 After the ordinance was passed, the existing six to eight non- conforming manufacturing plant in the city were issued notices that they would need to terminate is 20 years. These included such establishments as dye works and metal plating operations. The authorities consulted, however, fully expected the city to grant the plant an indefinite stay of execution. It is considered politically impossible for the city to terminate manufacturing employers. Instead, the city has begun to work with non -conforming uses like nightclubs to "legalize" them. Measures in this direction include shortening operating hours, requiring facelift improvements, and bringing structures into compliance with fire and building codes. Auto repair establishments, although legal uses, were given notices in 1991 that they must enclose their premises within 5 years or cease operations. The deadline has been extended twice in order not to cause small businesses undue hardship in the present business climate. In practice, it appears that amortization in West Hollywood has worked out to be more useful as a leveraging tool to encourage owners to rehabilitate non -conforming structures and operate them in a manner sensitive to the surrounding residential uses than to terminate them. With the threat of closure hanging over their heads, non -conforming uses have been cooperative in complying with city regulations. Today, the amortization provisions in the zoning codes of most municipalities are confined to non -conforming signs. Table 8 contains examples of the most common means of application of amortization today. Two typical examples are presented. In Bolder, Colorado amortization periods of from 1 to 10 years are established based on the original cost of the sign. In San Francisco periods are assigned to non -conforming signs according to the type of sign; wall, wind, gas station, flashing, moving, roof, freestanding, and freeway signs are distinguished among for the purposes of assigning amortization periods. 2000] Determining Amortization Periods 233 Table 8 Amortization Periods for Non -Conforming Signs in Zoning Ordinances Bolder, CO Original Cost of Sign Termination Period from Date of Installation Under $1,000 3 years $1,001- 3,000 4 years $3,001- 10,000 5 years Over $10,000 7 years San Fransisco, CA Non -Conforming Signs Within Special Sign Districts Type/Location of Non -Conforming Sign Period for removal (from date of ordinance) Painted Wall Signs 1 year Wind Signs 1 year Gas Station Signs 1 year Signs with Flashing Lights 3 years Signs with Moving Parts 3 yeas Roof Signs 5 years Freestanding Signs 5 years Signs Near Landscaped Freeways 5 years Sign Near Non -Landscaped Freeways 10 years B. Case -by -Case Approaches to Determining Amortization Periods Fixed amortization periods are appropriate for non -conforming uses with little or no investment in construction as well as for those in conforming buildings. Yet, as discussed earlier, they are of little practical use in terminating high -value non -conforming structures that may have a serious blighting effect on the neighborhood. Amortization of major structures should be limited to uses that pose serious health, safety, or environmental threats to neighboring residential areas. In these extreme cases, major structures should be amortized on a case -by -case basis to enable the zoning authority to establish a reasonable termination schedule that considers the 234 Festschrift [Vol. 3:215 circumstances of the business affected and the options open to it in terms of recoupment of recoverable costs. In addition, case -by -case methods generally provide shorter amortization periods than fixed periods set by the type of use or structure. This section looks at the merits and drawbacks of two such methods that have been proposed. C. Recoupment of Investment Method The most commonly -used case -by -case is method is the Recoupment of Investment method which uses basic financial calculus to determine the amount of time necessary to realize the value of an investment plus any return that is required by the investor. This method was used in the Neighborhood Committee case (Table 3) to phase out a lead smelter in a residential area. The owner's initial $3 million investment was adjusted for 10 years of straight-line depreciation since the zoning change. This yielded an adjusted unrecoverable cost of $857,153. The court then called in an expert witness who estimated the average rate of return for the lead smelting industry to be around 15% or $128,600 a year. At that rate the unrecoverable investment would be amortized in six years. A hypothetical example of how this method can be used to establish a reasonable period for a business to recoup its investment in the premises is set out in Table 9. The case presented is that of car repair shop on the ground floor of an apartment building. The initial investment in equipment and improvements to the premises was $200,000. The useful life of the improvements is seven years for IRS purposes. The zoning change was made three years ago, so the depreciated value of the improvements is now $114,285, using the straight-line method of depreciation. The annual net income generated by the shop, at 15% of the investment, is $30,000. With a required return on investment of 15% (including a 5% cost of capital and a 10% risk factor), it will take four years to amortize a unrecoverable costs of $114,285 with a required return of 15%; that is, a period of four years is sufficient for both return of investment and return on investment. The amount of unrecoverable costs amortizable will, of course, be adjusted by other factors, for example: the salvage value of the equipment (if the business is closing) or (for operations which are relocating) the moving cost and the difference in prices for premises at the new location. 2000] Determining Amortization Periods 235 Table 9 Recoupment of Investment Model for Determining Amortization Periods For Nonconforming Uses n = log n 0-Pi/A) log n (1/1+ i) where, n = amortization period P = base cost (adjusted value of business investment) A= Annual Income i = rate of return Hypothetical Case Assumptions Non -Conforming Use: Car repair shop on the ground Investment: floor of an apartment building Date of Zoning Change: $200,000 Useful Life of Equipment: 1997, 3 years ago Method of Depreciation: 7 years Depreciated Value: Straight line Annual Income from Shop: $114,285 Required Return on $30,000 Investment: 15% Amortization Period 6 years Prescribed: Although it is more complicated than setting fixed periods for categories of uses and structures, customizing the above approach to each individual case should maximize judicial approval of amortization periods and minimize spurious claims that specific amortization periods are arbitrary and unreasonable. Amortization periods based on the return -on -investment analysis have the added advantage of being shorter than amortization periods based on the economic life of the nonconforming structure, thus eliminating the nuisance occasioned by the use sooner than would fixed periods. There are three reasons for this: (1) Some nonconforming uses will earn monopoly profits, particularly those that are local -serving; this will expedite the 236 Festschrift [Vol. 3:215 return of investment. (2) A shorter amortization period will mean that the owner can take accelerated depreciation for tax purposes, thus increasing her cash flow and providing her with a quicker return on investment. (3) A 25-year amortization period normally will fully return the investment in any structure. Yet most structures have "useful economic lives" in excess of 25 years. Even if the required rates of return and income from nonconforming uses cannot be determined with absolute precision, courts have upheld most amortization periods. Courts have traditionally held that decisions by zoning commissions carry a strong presumption of validity. The person challenging a zoning decision has the burden of proving that the zoning commission's action was wholly arbitrary and unreasonable and was not related to the public health, safety, morals, or general welfare. Thus, even if the action of the zoning commission is questionable, the commission's decision will be upheld if it has a reasonable basis. As noted throughout this section, courts have supported the view that: (1) the owner of a nonconforming structure may be required to accept some loss upon termination of his business and (2) as the benefit to the public from such termination increases, the owner's loss may also increase. This is fundamental to the application of amortization to substantial uses and structures. Vl. INNOVATIVE ALTERNATIVES TO CONVENTIONAL AMORTIZATION A number of ideas for innovative alternatives to and hybrids of amortization have been advanced in the recent literature of amortization; three are presented below. With the exception of amortization agreements, I am not aware of cases in which they have actually been used. A. Amortization Agreements Amortization agreements between property owners and municipalities have been used in California to expedite termination of nonconforming uses. A decision by the California courts upheld an 2000] Determining Amortization Periods 237 agreement under which a municipality granted a special permit to allow an expansion of a nonconforming mobile home court in return for the operator's promise to abandon the use in three years rather than in the five years permitted by the ordinance. This is a very interesting approach, particularly for sites with a high value redevelopment potential, and one that may have applications in Hong Kong. B. Alternative Hybrid Approaches with Compensation Subscribing a fixed time period for amortization of non -conforming uses has obvious advantages of administrative simplicity for the enforcing body. However, as I have discussed, it has the disadvantage of entailing extremely long periods for major uses. In cases where the nuisance impact of a nonconforming use is severe, it has been suggested that amortization be combined with partial compensation to remove the use as quickly as possible. One author has suggested that a shorter period could be assigned to major uses if the remaining useful life of the structure could be counterbalanced by compensation. This approach calls for compensating the owner for the remaining utility of the building after the expiration of the amortization program. This alternative hybrid approach combines the police power of amortization and the compensation required by eminent domain. Rodney Cobb, a staff attorney for the American Planning Associates, has examined an innovative technique involving shorter amortization periods and partial compensation with the parties who are benefiting from termination of the use paying the compensation. This has been somewhat inelegantly labeled "ZSAFED"—Zoning by Special Assessment Financed Eminent Domain. If, for example, the surrounding neighbors benefit most by removal of a nonconforming use, then compensation would be financed by a special assessment levied on those surrounding properties. If, on the other hand, the community as a whole benefits from the termination of the use, then compensation should spring from the community's general funds. C. Conformity Inducements Other alternatives to conventional amortization approaches have been used to induce on -site conformance. In cases where it is feasible for an owner to alter a use to the extent that it will be brought into 238 Festschrift [Vol. 3:215 conformance with present zoning, a municipality may induce them to conform to the zoning ordinance by granting special rights or concessions. These increased rights might include the transferring of development rights, the granting of a longer amortization period, permitting and licensing concessions, and property tax concessions. VII. SUMMARY & CONCLUSIONS There is no single, agreed upon method of determining amortization periods in the United States. The methods presented in this article have arisen out of litigation, rather than from any specific guidelines. They may, however, present a workable structure for development of a comprehensive, consistent, and reasonable system for Hong Kong. Amortization provisions in zoning legislation should be as specific as possible in defining the following terms: oo The basis for valuing the property or the relocation of the business oo Unrecoverable Costs, oo Depreciation/Useful Life spans for different classes of uses oo When the Depreciation & Amortization periods begin oo Residual property values oo "Recoupment" of unrecoverable costs These are potentially very ambiguous terms. Vagueness in defining them could lead to charges of arbitrariness in application of the ordinance. On the other hand, legislation should provide for enough flexibility to allow authorities to chose the best approach to calculating amortization periods on a case -by -case basis. Fixed amortization periods can be appropriate for uses involving only a minor investment in improvements, but the very long periods required to amortize the high value structures make fixed periods an ineffective way to terminate them. Instead, a well -based case -by -case approach should be taken for major structures. The best approach is probably the Recoupment of Investment model presented in Table 9 that uses financial analysis to determine the amortization period. One such approach that we would advocate is the Financial Analysis Method presented in Table 9. 2000] Determining Amortization Periods 239 In generating estimates necessary to gauge whether or not an owner's recoverable costs have been amortized, enforcing authorities should be as conservative as possible in estimating factors that will hasten the amortization period and equally liberal in estimating factors which will increase it. This will enhance the appearance of reasonableness and reduce the vulnerability to claims of arbitrariness in setting the periods. Even if the required rates of return and income from nonconforming uses can not be determined with absolute precision, courts have upheld most amortization periods if they appear to have a reasonable basis in objective research and data -gathering processes. Courts have traditionally held that decisions by zoning commissions carry a strong presumption of validity. The person challenging a zoning decision has the burden of proving that the zoning commission's action was wholly arbitrary and unreasonable and was not related to the public health, safety, morals, or general welfare. Thus, even if the decision of the zoning commission is questionable, the decision will be upheld if it has a reasonable basis. Finally, it is important to keep in mind that amortization does not purport fully to compensate a property owner for all actual and potential actual and opportunity costs, such as future profit potential. It is merely a way of cushioning the economic blow that must be experienced by the private owner to compel him to cease an operation that infringes on the rights of other property owners. Courts have held that the owner of a nonconforming structure may be required to accept some loss upon termination of his business. It is recognized that, as the benefit to the public from amortization increases, the owner's loss may also increase. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FOR: January 18, 2021 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Z-979 — Final Plat of Subdivision — Legend Lakes Neighborhood 1 Resubdivision ATT: 1. Unapproved Planning and Zoning Commission Minutes dated December 23, 2020 2. Ordinance granting approval of the final plat of subdivision. 3. Ordinance granting approval of a development agreement with CalAtlantic Group, Inc. 4. Planning & Zoning Commission Staff Report 5. Application Packet AGENDA ITEM SUMMARY: The petitioner CalAtlantic Group, Inc. ("Contract Purchaser") is requesting approval of a Final Plat of Subdivision for the Legend Lakes — Neighborhood 1 Resubdivision. The proposed 6.359-acre development consists of 13 single-family attached residential townhouses, with 4 dwelling units in each building, for a combined total of 52 dwelling units. The petitioner is also requesting approval of a development agreement that would lock -in the current fee schedule for one year. BACKGROUND: The McHenry City Council approved the original Legend Lakes (Shamrock Farms) Subdivision — Neighborhood 1 in 2001. The original builder went bankrupt during the recession only completing about half of the development. Platted originally as a condominium development, the proposed resubdivision is to allow the petitioner to sell the townhome units for 'fee -simple' ownership as opposed to condominium ownership. Post -recession financing for condominium developments is challenging for both developers and potential buyers seeking a mortgage. There is also a state statute which places a 10-year limitation on a condominium associations' ability to add on additional units. The final year to add additional units to the existing homeowner's association was in 2016. The resubdivision would create a new association and allow fee -simple ownership of individual townhome units making it easier for financing. Legend Lakes' current annexation agreement is set to expire July 2nd 2021. Lennar is requesting to enter into a development agreement that would act as a continuation of certain items in the annexation agreement. This would ensure all aspects of the original design are completed as originally approved. The Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org development agreement covers items normally covered in an annexation agreement such as advertising sign placements, construction trailers, fees and sales offices. ANALYSIS: The proposed resubdivision is a continuation of the original Legend Lakes Neighborhood 1 Subdivision with slight modifications to landscaping and architectural features. The layout and design of the subdivision is identical to the previously platted subdivision with slight alterations to curb cuts due to the new contemporary design of the buildings. The petitioners are meeting the 50% brick fagade requirement and no variations or zoning map amendments are required. The petitioner has indicated the existing HOA has been very amenable towards the development and have recently signed a cross access and cost sharing agreement for the common space. Staff recommended the petitioner add an additional ornamental tree between each building to match the existing subdivision landscaping and three additional parkway trees. Both recommendations were approved as conditions by the Planning & Zoning Commission on December 23, 2020. The petitioner has cooperated with City Staff to help the new development blend in seamlessly with the existing subdivision. These recommendations were included in the attached ordinance. The Planning & Zoning Commission unanimously recommended approval of the petitioner's request subject to the following conditions: All development shall be in substantial conformance with the submitted Landscape Plan and Building Elevations. 2. The proposed landscaping shall include one additional 6-foot ornamental tree in between each building and a minimum of three additional street trees in the right-of-way on the north side of Carrick Lane just south of the building pad identified as NEA 29 in the subdivision plat. 3. All other federal, state, and local laws shall be met. RECOMMENDATION: If the City Council concurs it is recommended the attached ordinances granting approval of a Final Plat of Subdivision for the Legend Lakes Neighborhood 1 — Resubdivision, and Development Agreement CalAtlantic Group, Inc. (Each ordinance requires a separate vote) Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Unapproved Planning & Zoning Commission Special Meeting Minutes from December 23, 2020 Public Meeting: CalAtlantic Group, Inc. Z-979 Subject Property: 6.359 acre property located east of the intersection of Curran Road and N. Draper Road. Final Plat of Subdivision for the Legend Lakes — Neighborhood 1 Resubdivision Chairman Strach called the Public Meeting to order at 7:08 p.m. regarding File No. Z-979 an application for approval of a final plat of subdivision for the Legend Lakes — Neighborhood 1 Resubdivision. In attendance were: 1. Richard Murphy, CalAtlantic Group Inc., 1141 E. Main Street, Suite 108, Easte Dundee, IL 60118 2. Madeline Larmon, Mackie Consultants, LLC, 9575 W Higgins Road, Suite 500, Rosemont, IL 60018. 3. Richard Olson, Gary R. Weber Associates Inc., 402 W. Liberty Drive, Wheaton, IL 60187 There were no members from the general public in attendance. Chairman Strach called on staff to start off discussion. City Planner Sheriff provided an overview and background of the Subject Property. The original subdivision was platted in 2006 as a condominium development but was never completed due to the recession. Because of a state mandated 10-year statute of limitations, the existing condominium association can no longer add on any new property and therefore the petitioner will need to create a new home owner's association. The petitioners are proposing to complete the development and plat the remaining 13 buildings as'fee-simple' ownership as opposed to condominium ownership. The main difference is after construction is completed, each individual unit within the 4-unit building is platted making it much easier for financing. Mr. Sheriff explained staff discovered an error in their initial review of the landscape plan and are revising their recommended conditions and eliminating the recommended tree planting requirement for the common area since the petitioners have moved those trees closer to the building. Mr. Sheriff noted that staff is still recommending the petitioner add a 6-foot ornamental tree in between each building to match the existing neighborhood landscape design as well as the parkway tree planting requirement. Other than what was previously stated, Mr. Sheriff explained the proposed development is nearly identical to the original with Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org the exception of different architectural features and landscaping. Mr. Sheriff explained the subdivision did not require a public hearing since there are no variations or zoning map amendments being requested. Mr. Sheriff passed the discussion over to the petitioner. Mr. Murphy provided an overview of the agreement being signed between the new association and the existing association. Overall, he explained the goal is for the new association to feel a part of the community and emphasized the agreement would allow this. Mr. Murphy commented that the only engineering changes were slight tweaks to the driveways to accommodate the new design of the buildings. Mr. Murphy explained they have worked with staff to make sure the landscaping will blend in. He explained the architecture requirements for 50% brick on the first floor were kept the only change is the more contemporary design of the exterior of the building. The floorplan will have a very modern, open style design to appeal to today's market. Chairman Strach asked how the pricing of the units will compare. Mr. Murphy responded they will likely be within the mid 200's range and will be a higher price point than the existing ones just because they are brand new product. Chairman Strach explained he just wanted to make sure they weren't devaluing the existing townhomes. Mr. Murphy explained he thinks they won't and they will blend in with the community. Commissioner Thacker asked about the number of buildings. Mr. Murphy responded explaining it was 13 additional building, 52 dwelling units. Mr. Thacker asked when they wanted to start construction. Mr. Murphy explained hopefully in March. Mr. Thacker asked about signage. Mr. Murphy said they would propose an on -site marketing plan as part of the development agreement. Chairman Strach asked if there were any other comments or questions from commissioners. There were none. Chairman Strach asked if there were any other questions or comments from the petitioner. Mr. Murphy thanked the commission and staff for accommodating their request the day before Christmas Eve. Chairman Strach asked staff if there was any additional information. Mr. Sheriff brought up on the Zoom Screen the motion for the commissioners that was outlined in the staff report Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org without the condition for the common space landscaping since that landscaping had been moved closer to the buildings. Chairman Strach asked for a commissioner to make a Motion to approve the Final Plat of Legend Lakes — Neighborhood 1 Resubdivision subject to the following conditions: 1. All development shall be in substantial conformance with the submitted Landscape Plan and Building Elevations. 2. The proposed landscaping shall include one additional 6-foot ornamental tree in between each building and a minimum of three additional street trees in the right-of- way on the north side of Carrick Lane just south of NEA 29. 3. All other federal, state, and local laws shall be met. Motion by Commissioner Walsh, Seconded by Commissioner Lehman. Mr. Strach asked for any additional comments on the motion. There were no comments. Roll Call Vote: 6-ayes; Gurda, Lehman, Strach, Thacker and Walsh. 0-nays, 0-abstained, 2- absent. Mr. Murphy thanked City Staff and the Commission for processing their petition on short notice. Chairman Strach moved onto the next agenda item which was the Staff Report. Mr. Sheriff provided an update on various projects that were ongoing and will be moving forward including a conceptual 264-unit multifamily development behind the Aldi on Richmond Road. A motion to adjourn was made by Commissioner Walsh, Commissioner Thacker. Chairman Strach asked if there were any objections. There were none. The meeting adjourned at 7:17PM. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 21- AN ORDINANCE GRANTING APPROVAL OF THE FINAL PLAT FOR LEGEND LAKES — NEIGHBORHOOD 1 RESUBDIVISION IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by CalAtlantic Group, Inc., ("CONTRACT PURCHASER") on behalf of TRG Venture Two, LLC ("PROPERTY OWNER"), requesting approval of the Final Plat for Legend Lakes — Neighborhood 1 Resubdivision; and WHEREAS, a public meeting on said petition was held before the Planning and Zoning Commission on December 23, 2020 in the manner prescribed by ordinance and statute, and as a result of said meeting, the Planning and Zoning Commission did unanimously recommend to the City Council the granting of the requested final plat of subdivision; and WHEREAS, the City Council finds that the approval of the final plat is in conformance with the ordinances of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY; MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the final plat entitled, "Final Plat of Legend Lakes — Neighborhood 1 Resubdivision," prepared by Mackie Consultants, LLC, and bearing the date 11/16/2020, revised 12/18/2020, attached hereto ("Exhibit B") and incorporated herin by reference, be and the same is hereby approved with the following conditions: 1. All development shall be in substantial conformance with the submitted Building Elevations dated December 29, 2020 ("Exhibit C") and Landscape Plans dated December 28, 2020 ("Exhibit D"); 2. The recordation of the final plat shall occur within six (6) months of City Council approval. 3. All other federal, state, and local laws shall be met. SECTION 2: All ordinances or parts thereof in conflict with the terms and provisions hereof are herby repealed to the extent of such conflict. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 18th day of January, 2021. Ayes Nays Alderman Devine Alderman Glab Alderman Harding Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Absent Abstain Trisha Ramel, City Clerk Department of Community Development McHenry Municipal Center Exhibit A Legal Description of the Subject Property PARCEL 1: 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org THAT PART OF LOT 3 IN LEGEND LAKES NEIGHBORHOOD 1, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE FINAL PLAT THEREOF RECORDED SEPTEMBER 14, 2006 AS DOCUMENT 2006R0067400 AND CERTIFICATES OF CORRECTION RECORDED AS DOCUMENTS 2006R0077102 AND 2007R0041062, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: C�Z�7► 11 1�►Ly1►[ele���71�►[�1:i�71�_��t�I�]:1►1�:Z�1�.�_ll �����:�1►1��el��l�7�e1:1x.�►1�[elaY�]:17[�Z�1�� 1; THENCE SOUTH 00 DEGREES 02 MINUTES 02 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 3, A DISTANCE OF 289.47 FEET TO THE SOUTH LINE OF A STORMWATER MANAGEMENT EASEMENT AS GRANTED IN SAID FINAL PLAT FOR THE POINT OF BEGINNING. THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE SOUTH 00 DEGREES 02 MINUTES 02 SECONDS EAST, 251.29 FEET TO THE NORTHERLY LINE OF A STORMWATER MANAGEMENT EASEMENT AS GRANTED IN SAID FINAL PLAT; THENCE ALONG SAID EASEMENT FOR THE FOLLOWING 6 COURSES; 1) THENCE SOUTH 89 DEGREES 57 MINUTES 58 SECONDS WEST, 36.58 FEET (38.59 FEET RECORD); 2) THENCE SOUTH 23 DEGREES 21 MINUTES 34 SECONDS WEST, 89.38 FEET; 3) THENCE SOUTH 47 DEGREES 42 MINUTES 51 SECONDS WEST, 103.12 FEET; 4) THENCE SOUTH 67 DEGREES 43 MINUTES 06 SECONDS WEST, 171.74 FEET; 5) THENCE SOUTH 64 DEGREES 12 MINUTES 13 SECONDS WEST, 143.25 FEET; 6) THENCE NORTH 79 DEGREES 53 MINUTES 58 SECONDS WEST, A DISTANCE OF 94.39 FEET TO THE RIGHT OF WAY OF DRAPER ROAD AS DEDICATED BY SAID FINAL PLAT; THENCE ALONG SAID RIGHT OF WAY FOR THE FOLLOWING 4 COURSES; 1) THENCE NORTHERLY 197.72 FEET ALONG AN ARC OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 275.00 FEET, AND A CHORD BEARING NORTH 45 DEGREES 52 MINUTES 50 SECONDS EAST TO A POINT OF TANGENCY; 2) THENCE NORTH 66 DEGREES 28 MINUTES 39 SECONDS EAST, A DISTANCE OF 154.18 FEET TO A POINT OF CURVATURE; 3) THENCE EASTERLY, NORTHERLY, AND WESTERLY, 564.14 FEET ALONG AN ARC OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 190.00 FEET, AND A CHORD BEARING NORTH 18 DEGREES 34 MINUTES 56 SECONDS WEST TO A POINT OF TANGENCY; 4) THENCE c A4 nr Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org SOUTH 76 DEGREES 21 MINUTES 29 SECONDS WEST, A DISTANCE OF 40.50 FEET TO THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF NEA 14 AS DEPICTED ON SAID FINAL PLAT AND ALSO BEING THE EASTERLY LINE OF THE FIFTEENTH AMENDMENT TO THE DECLARATION C�7�� ► _ . ��I [eP.l �il�1919 i71111iil�iZi 1/ ► 1/ �Ii ; e �iZiZ ►�I�1�1 ��� 2009R0020341 AND RERECORDED AS DOCUMENT 2009R0049918; THENCE ALONG SAID SOUTHERLY EXTENSION NORTH 08 DEGREES 33 MINUTES 51 SECONDS WEST, A DISTANCE OF 117.60 FEET TO A SOUTHERLY LINE OF A STORMWATER MANAGEMENT EASEMENT AS GRANTED IN SAID FINAL PLAT; THENCE ALONG SAID EASEMENT FOR THE FOLLOWING 7 COURSES; 1) THENCE NORTH 79 DEGREES 03 MINUTES 29 SECONDS EAST, 120.80 FEET; 2) THENCE SOUTH 80 DEGREES 28 MINUTES 37 SECONDS EAST, 60.22 FEET; 3) THENCE SOUTH 69 DEGREES 12 MINUTES 17 SECONDS EAST, 58.94 FEET; 4) THENCE SOUTH 60 DEGREES 05 MINUTES 29 SECONDS EAST, 54.67 FEET; 5) THENCE SOUTH 49 DEGREES 43 MINUTES 58 SECONDS EAST, 66.58 FEET; 6) THENCE SOUTH 37 DEGREES 20 MINUTES 33 SECONDS EAST, 88.01 FEET; 7) THENCE NORTH 89 DEGREES 57 MINUTES 58 SECONDS EAST, A DISTANCE OF 41.54 FEET TO THE POINT OF BEGINNING. PARCEL 2 THAT PART OF LOT 4 IN LEGEND LAKES NEIGHBORHOOD 1, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE FINAL PLAT THEREOF RECORDED SEPTEMBER 14, 2006 AS DOCUMENT 2006R0067400 AND CERTIFICATES OF CORRECTION RECORDED AS DOCUMENTS 2006R0077102 AND 2007R0041062, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED IW II1110WeIT 1-1 BEGINNING AT THE NORTHERNMOST CORNER OF THE FIFTEENTH AMENDMENT TO THE DECLARATION OF LEGEND LAKES NEIGHBORHOOD 1 CONDOMINIUM RECORDED AS DOCUMENT 2009R0020341 AND RERECORDED AS DOCUMENT 2009R0049918, BEING ALSO A POINT ON THE RIGHT OF WAY OF DRAPER ROAD AS DEDICATED ON SAID LEGEND LAKES NEIGHBORHOOD 1 FINAL PLAT, AND ALSO BEING A POINT ON THE NORTH LINE OF LOT 4 AS DESCRIBED IN SAID FINAL PLAT; THENCE ALONG THE NORTHERLY, EASTERLY, AND SOUTHERLY LINES OF SAID LOT 4, BEING ALSO THE RIGHT OF WAY OF DRAPER ROAD, FOR THE FOLLOWING 5 COURSES; 1) THENCE NORTH 76 DEGREES 21 MINUTES 29 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 25.35 FEET TO A POINT OF CURVATURE; 2) THENCE EASTERLY, SOUTHERLY, AND WESTERLY 385.99 FEET ALONG AN ARC OF A CURVE, CONCAVE WESTERLY, 9 .op� Department of Community Development McHenry Municipal Center 333 Green Street _ McHenry, Illinois 60050 J Phone: (815) 363-2170 Fax: (815) 363-2173 cHenrwww.cityofmchenry.org HAVING A RADIUS OF 130.00 FEET, AND A CHORD BEARING SOUTH 18 DEGREES 34 MINUTES 56 SECONDS EAST, TO A POINT OF TANGENCY; 3) THENCE SOUTH 66 DEGREES 28 MINUTES 39 SECONDS WEST, A DISTANCE OF 154.18 FEET TO A POINT OF CURVATURE; 4) THENCE SOUTHERLY 256.70 FEET ALONG AN ARC OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 335.00 FEET, AND A CHORD BEARING OF SOUTH 44 DEGREES 31 MINUTES 33 SECONDS WEST, TO A POINT OF REVERSE CURVATURE; 5) THENCE WESTERLY 36.13 FEET ALONG THE ARC OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 25.00 FEET, AND A CHORD BEARING SOUTH 63 DEGREES 58 MINUTES 43 SECONDS WEST, TO A POINT OF TANGENCY ON THE NORTHERLY RIGHT OF WAY OF CARRICK LANE AS DEDICATED IN SAID FINAL PLAT, BEING ALSO THE SOUTH LINE OF SAID LOT 4; THENCE ALONG SAID SOUTH LINE OF SAID LOT 4 FOR THE FOLLOWING 2 COURSES; 1) THENCE NORTH 74 DEGREES 37 MINUTES 01 SECONDS WEST, A DISTANCE OF 61.83 FEET TO A POINT OF CURVATURE; 2) THENCE WESTERLY 28.22 FEET ALONG AN ARC OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 130.00 FEET, AND A CHORD BEARING NORTH 68 DEGREES 23 MINUTES 54 SECONDS WEST, TO THE SOUTHERNMOST CORNER OF THE SIXTH AMENDMENT TO THE DECLARATION OF LEGEND LAKES NEIGHBORHOOD 1 CONDOMINIUM RECORDED JANUARY 24, 2008 AS DOCUMENT 2008R0004590, BEING ALSO THE INTERSECTION OF THE SAID RIGHT OF WAY LINE, AND THE SOUTHWESTERLY EXTENSION OF THE NORTHWESTERLY LINE OF NEA 29 AS DEPICTED ON SAID FINAL PLAT; THENCE NORTH 32 DEGREES 51 MINUTES 39 SECONDS EAST, A DISTANCE OF 161.52 FEET ALONG THE SOUTHEASTERLY LINE OF SAID SIXTH AMENDMENT, BEING ALSO SAID NORTHWESTERLY LINE OF SAID NEA 29 AND IT'S SOUTHWESTERLY EXTENSION, TO THE NORTHERNMOST CORNER OF NEA 29; THENCE NORTH 21 DEGREES 03 MINUTES 35 SECONDS WEST (NORTH 21 DEGREES 03 MINUTES 28 SECONDS WEST RECORD) ALONG THE EASTERLY LINE OF SAID SIXTH AMENDMENT, A DISTANCE OF 13.04 FEET TO THE SOUTHERNMOST CORNER OF THE TWELFTH AMENDMENT TO THE DECLARATION OF LEGEND LAKES NEIGHBORHOOD 1 CONDOMINIUM RECORDED JANUARY 23, 2009 AS DOCUMENT 2009R0003045; THENCE NORTH 55 DEGREES 08 MINUTES 24 SECONDS EAST, A DISTANCE OF 208.86 FEET ALONG THE SOUTHERLY LINE OF SAID TWELFTH AMENDMENT, BEING ALSO THE NORTHWESTERLY LINE OF NEA 28 AS DEPICTED ON SAID FINAL PLAT AND IT'S SOUTHWESTERLY AND NORTHEASTERLY EXTENSION THEREOF, TO THE EASTERNMOST CORNER OF SAID TWELFTH AMENDMENT, BEING ALSO A SOUTHERLY CORNER OF SAID FIFTEENTH AMENDMENT; THENCE NORTH 88 DEGREES 25 MINUTES 58 SECONDS EAST, ALONG SAID SOUTHERLY LINE OF FIFTEENTH AMENDMENT, A DISTANCE OF 26.48 FEET, TO THE WESTERNMOST CORNER OF NEA 27 AS DESCRIBED IN SAID FINAL PLAT, BEING ALSO A SOUTHERLY CORNER OF SAID FIFTEENTH 10 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org AMENDMENT; THENCE NORTH 66 DEGREES 28 MINUTES 39 SECONDS EAST, ALONG A SOUTHERLY LINE OF SAID FIFTEENTH AMENDMENT, BEING ALSO THE NORTHERLY LINE OF SAID NEA 27 AND IT'S NORTHEASTERLY EXTENSION THEREOF, A DISTANCE OF 150.30 FEET, TO THE EASTERLY LINE OF SAID FIFTEENTH AMENDMENT, BEING ALSO THE WESTERLY LINE OF NEA 26 AND IT'S NORTHERLY EXTENSION THEREOF, AS DEPICTED ON SAID FINAL PLAT; THENCE NORTH 33 DEGREES 46 MINUTES 40 SECONDS WEST ALONG SAID EAST LINE, A DISTANCE OF 167.77 FEET, TO THE POINT OF BEGINNING. PARCEL 3 THAT PART OF LOT 2 IN LEGEND LAKES NEIGHBORHOOD 1, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE FINAL PLAT THEREOF RECORDED SEPTEMBER 14, 2006 AS DOCUMENT 2006R0067400 AND CERTIFICATES OF CORRECTION RECORDED AS DOCUMENTS 2006R0077102 AND 2007R0041062, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2 IN LEGEND LAKES NEIGHBORHOOD 1 FINAL PLAT, RECORDED SEPTEMBER 14, 2006 AS DOCUMENT 2006R0067400 AND CERTIFICATES OF CORRECTION RECORDED AS DOCUMENTS 2006R0077102 AND 2007R0041062; THENCE SOUTH 89 DEGREES 24 MINUTES 56 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT, A DISTANCE OF 296.39 FEET, TO THE EAST LINE OF A STORMWATER MANAGEMENT EASEMENT AS GRANTED IN SAID FINAL PLAT; THENCE ALONG SAID STORMWATER MANAGEMENT EASEMENT FOR THE FOLLOWING 5 COURSES; 1) THENCE NORTH 00 DEGREES 35 MINUTES 04 SECONDS WEST, 22.10 FEET; 2) THENCE NORTH 66 DEGREES 52 MINUTES 36 SECONDS WEST, 112.71 FEET; 3) THENCE NORTH 22 DEGREES 06 MINUTES 05 SECONDS WEST, 15.37 FEET; 4) THENCE NORTH 00 DEGREES 03 MINUTES 33 SECONDS EAST, 106.92 FEET; 5) THENCE NORTH 48 DEGREES 04 MINUTES 02 SECONDS EAST, A DISTANCE OF 14.80 FEET TO A NORTHERLY LINE OF SAID LOT 2, BEING ALSO THE SOUTHERLY RIGHT OF WAY OF DRAPER ROAD AS DEDICATED ON SAID FINAL PLAT; THENCE EASTERLY 152.87 FEET ALONG SAID NORTHERLY LINE BEING THE ARC OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 180.00 FEET, AND A CHORD BEARING SOUTH 66 DEGREES 15 MINUTES 15 SECONDS EAST, TO A POINT OF TANGENCY; THENCE NORTH 89 DEGREES 24 MINUTES 56 SECONDS EAST ALONG A NORTHERLY LINE OF SAID LOT 21 A DISTANCE OF 254.76 FEET, TO A POINT OF CURVATURE; THENCE EASTERLY 6.05 FEET ALONG AN ARC OF A CURVE, CONCAVE NORTHERLY, HAVING A 11 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org RADIUS OF 340.00 FEET AND A CHORD BEARING NORTH 88 DEGREES 54 MINUTES 09 SECONDS EAST; THENCE SOUTH 00 DEGREES 40 MINUTES 59 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 2, BEING ALSO THE WEST LINE OF WEDGEWOOD TRAIL AS DEDICATED ON SAID FINAL PLAT, A DISTANCE OF 137.40 FEET (137.42' RECORD), TO THE SOUTH LINE OF SAID LOT 2, AND ALSO BEING THE POINT OF BEGINNING. PARCEL 4 THAT PART OF LOT 1 IN LEGEND LAKES NEIGHBORHOOD 1, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE FINAL PLAT THEREOF RECORDED SEPTEMBER 14, 2006 AS DOCUMENT 2006R0067400 AND CERTIFICATES OF CORRECTION RECORDED AS DOCUMENTS 2006R0077102 AND 2007R0041062, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE THIRTEENTH AMENDMENT TO THE DECLARATION OF LEGEND LAKES NEIGHBORHOOD 1 CONDOMINIUM RECORDED FEBRUARY 13, 2009 AS DOCUMENT 2009R006853; THENCE SOUTH 00 DEGREES 35 MINUTES 04 SECONDS EAST ALONG THE WEST LINE OF SAID THIRTEENTH AMENDMENT, A DISTANCE OF 175.45 FEET TO THE SOUTH LINE OF SAID THIRTEENTH AMENDMENT, BEING ALSO THE SOUTH LINE OF SAID LOT 1 AND THE NORTHERLY RIGHT OF WAY OF DRAPER ROAD AS DEDICATED IN SAID LEGEND LAKES NEIGHBORHOOD 1; THENCE SOUTH 89 DEGREES 24 MINUTES 56 SECONDS WEST, A DISTANCE OF 97.15 FEET, ALONG SAID SOUTH LINE OF LOT 1 TO A LINE OF A STORMWATER MANAGEMENT EASEMENT AS GRANTED IN SAID FINAL PLAT; THENCE ALONG SAID EASEMENT FOR THE FOLLOWING 2 COURSES; 1) THENCE NORTH 00 DEGREES 10 MINUTES 42 SECONDS WEST, 176.42 FEET; 2) THENCE NORTH 89 DEGREES 59 MINUTES 41 SECONDS EAST, A DISTANCE OF 95.91 FEET, TO THE POINT OF BEGINNING. 12 A%WO��� F cHe r Exhibit B Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Final Plat of Subdivision for the Legend Lakes - Neighborhood 1 Resubdivision 13 PMM�,-* , �PFN,%IRDMa,EnRr FINAL PLAT OF LEGEND LAKES - NEIGHBORHOOD I RESUBDIVISION N-HE�- DE 4 D OFAGT 7 Mr,03 5 (1(So""LY * 29P P. D PAW OF SO-M." 11.os As -I..T PARCEL 1 X-1 41 LOT 3 D xDj LOT PART LOT OF 3 0419 -NOn IIITAII 1110E11 IIIIE REET IF N AREA IF A-T. 9. DTAI I 1111'_11a, n^2 of .I_ IF I.,- IF -E. 5,5�O -�T �HMEUIXM4AIR l� 'T�ET' FEE. DINER �EDTHF NEA I D �pl.Aol.'CEL E. .-M. DE TNF In .1 111,1L1.11 S'H'-DEH RF GRH �IR_HE , 'NE' A E T. T4,L- N0,,C_PUCNT IN UNFAD 'I'MID A. IF DIEFFMCD I F%D'� THAT AT E AN ADIFT THE ..F I.- E 11- ADANDT , -W �X- RESURDIVIDED. 16 v•Zgr 0, -�H�E"RAETF� -N- NAIT IH Eo T DE I TH" .154 Nn MFNE." --osl IF M, U-1-NE. IUFTHER IEFTI - A� 01 7HC 3 D� -C PC U IT HE IU " ".." _1 xIN�H.,Q��LNS PIT ELEVENp00 A_ T. DIFTF AMENDMENT s I U AID"LL.-MY" M -101CHI I 1� A 0,. 20 A .1 -'X� FF. U.. W- PER DOC DID assrsss OBROO625M 1. LAIT 111011, Ull IF ll,, I-, ---------- - 1 "'0 \ . 1, In .-.A. EIGHTH -E I IS ,DMENT Fr AN NOMENT vvb'k N_P E E AM E ..LEE. -N.. P P ER DOC F DOC 2 COSDCO.. 0 COSR 037718 NE P"NAINGANOZONING COMMISSION-1 E-H SIN AMENDMENT PART OF 2 sing I NEA -S-E �PD- OF 'F" 'P 4 �V`.' 'ET"P" THA. oPNFXK�DE�AN5iTDKCY AEDRMP T - IT I N'N IND I ALL NEA 27 PRI-D -F "NID CoT'IMOSIoNloWl"' CT` IF ICEHEIN.�D.�IDII�TO��DIPI��l-.M.F' . III ITI El - I. OF MU.-Y. ILL-S NO-10CIENTIFICATED El 't. NEA 28 PER DOC\ C.- OF -.F'�S FRW�DFWT -- - - - - - - - - - - - - 0 8 2,3 PER D 7ROO81223 d.- APPICIA., DO ..D. I-, C- JENOINNER NEA I A N-n P.- IN D III IF IN D - - - - - - - - - Do,- DE FOURT AN OISINQN- C I'D ARE PrOFIL-Y K"N'M TO_ITTOAN'W�M� oM ID AFe NEA DID I_ I WO .-. D-1 IT' %%NPRE 01 MH In IF ..Ryf F --N LOTS ANDN-lA5SND-- A N D NT INEA. IMNEITTR�lIM�YINAP'IMINMND��IWI�l'�CDI�RATIT[HUMIOASIIIAay.Dl�RRTHWIS ADINT.. P- I INT P- I 7HORTEDRE. .1 "OWN ON IIN:l I'l FAD In I 'o- OF LEGEND . . . 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IF A SWH IN TIEREII I MI UIRETO 11 lY HAID 11 01 Cl 01 AIE IS_ ME I 11 .11 HIS DID -DIN .1 D IMM'giv, M�PHE-LHI'S IF "M IS T D THIRD DH R_, -A PI NI , Tr a.D AMENDMENT "NE "'D P m lox. 5 TO REDOCE PER MC IKW WlYD *D'El-ENTO ZZ"I" 2007R SO 0DATED tars 1 THE In -K C Y IF AD'. z0 ----- ----------------- N. 11 FIMERA-R- SEVENTH �; E��.l N89-59- 1-Ill ppO8 AMENDMENT NCER. ARCEL 4 I R ODOC 208OxOls.4PART OF I.,- I-9 AMENOME. gv In P, M-. PER DOD THISP"TPRESENTED SY.• NPR .1 2007RW3795 RD 0 H Y Z' 35 6gi T�H% I A21N 'L �cIHIEI�.�l�oU".Ll�541DONPER CAE -- r . PIDN �T IT, .0 TOHN'PAM R %� F 'Q.." "TU MIMI" "TTH'-"m' "INEIMIDT"NE D M -rN9.S"IlM`TVT IV, A_ D T.D. R TLIE aDD COTZLRL`1�1. 01111R, �. D =W'12M ID� AN - -E IF 11 1. AHNE.. I FIM -N AT 1= L -1111E EI-11 T' D ID on -1 (.11) NDA F-E I-E. I_. 1...1, Dn IF DRAPER ROAD 1x'N M-NIII.1 ARE .10. 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It.- 12 IS 20 1 REVISED CERTIFICATES KMF McHENRY, ILLINOIS IACKIC COEM-AW DATE I DE9Z1IQWR.`FF=N BY SCALE - HOIS FIRM LICENSE '111-001194 FINAL PLAT OF °°°"MP PROJLEGEND LAKES - NEIGHBORHOOD I RESUBDI VIS/ON ® ECT uxzueowmzo LOCATION 8 DvJ .IT .APARTOF LOT 3 LOT 5 ADART OF TO gg ` 380°28• g 2 �I zwzRmerasx usnwr 9"E 1 0 O' 80.22'>••E Sgy'lZ• LOT 14 KINSALE LLNE _ \\ wmsT --' AMENDMENT \\ \ \ zro 20o9Rao1Nss22 \\\ \\ "' _'°'b31- LOT 13 1 NEA 15 ° I ITIVELFTH J� ' AME'NI 1 21.29 sE p rT N89 2°ST58"E s000 0 rrow PEN Pop zjPo OO \ I I 41.g4' p p \, I 2ASIT MEN °0 NEA 1 6 11 g/Jp LOT 12 L LOT zs NEA 25 I I.I 4 — / >m i ,E;ENM NE aoall000 r. m ANER DOC 2009R0020341 LOTABEA TABLE \\ ¢oR�[o D RERECORDED AS DOCTs��rarS�� I j 11DED µ o 2c09R0049918 aT / T \\\ AMENDMENT\\ ✓� z°°TFawrasz 20PER 003J]18 \ �% EENTH AMEND EM M n IENDMENT N88'28'88"E / e' \\ \ �`\/ OBER00068 2009R0003045 26A8' / \\\ NEA 18 \9\ \ \`\ NSA 23 53 LOT 2T \ \\ LOT 4A / LOT 1114 SI \ gg °E / I 389'ST'S8"W \ _ ry00 L I 36558' m /�ND<N LOT 28 ((( 200RR00-81223 \\I \ AMENDMENT VG�p p�a�O�' - w„pKfl \ \ \ 2008R0004590 i� 1\ Na 19 \\1 LOT 10 Mr�,g^ry EVEMENT LINE M.TN -c-Ar uN 1 \ LOT 11IN INS/ 1f �J%/ LOT9 N/N/NUNBU/LB/NGSETBACNS \ \� / e° g `> FARSFom .DNB o°T N. = Rom. 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Itcom EAST DUNDEE, ILLINOIS 60118 DATE DESCRIPTION OF REVISION BY DATE SCALE I':..NDIS McHENRY, ILLINOIS PROJECT NUMBER: 8552 ©HACKIE CONSULTANTS tt<./9zR FIRM MCENSE Ie4.ODz594 FINAL PLAT OF LEGEND LAKES - NEIGHBORHOOD I RESUBDIVISION SURVEYOR'S CERTIFICATE *E -1091,4DODO II C M111" `E?S0o=EloCSE'G,4 RT�ENUMIII FER— Rl MTEI _I EOSF R FF EOO F � COLL FME_ D TFA FLAT —E. —N IS A C.RR— I—E—OR 01 IS S-1 S-111SOR M. — 00�Rj!NN R011 E OOA PART OF 1, LOT ExrJ PART IF 2161 ARS Noo. E o 12.10- '04� N00'10'42'W 111.12' =gl SLOT 2 Phil zmQ AMENDMENT FTEFITI PER M ... N III 8.o . . . . . . —006853 IINSA 34 III I PART ?F LOT 7�' (`o. ) A umnrt WE"F.EWOO_ SLD T Ill. I LOTABEI TABLE• — — — \ \ � 1 M/N/MUM BUILDING SETBACKS L.— LIRE CITILSILD FIF ­R NE (IEL) SO—SOR 146,1"6 A'.D—LONLD'SOO-67,4010 N­ =T.=-.— LRE SOOO-77102 — 2007ROO41062 ARIAE,1,� S—FID). EM— LOT NE CF: Ol. 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DESIEDS 11 M'— 04 _TIT 0' D"R" 'S SECONO' ­TI OL �DSTE N DEIR11 11 1 SlI12USEW& 1 17 —, �2 IS 00 SSO"S W- 112,7TS' _S MI_ 203d, SA4U, A TE" " I DE'RIS 14 111 - -7 OST— CEoF — IMTAT I`= OME EOF SAID LOT 2. ON. . E S.UTF L �' P EFC, R_ LI SA, E y -.1 — 11.S — FO—.1 Ll RE SEFS TME — 01 A SlFllO_0lCllA PS—YfM—NO A 'CUES OF 1 '00 FEEL AND I ITORD — SOOM . DEOREES 1� .1— " SE_D' TO FT OF _ TPIDI � _11 � DEGREES 24 "UTES 56 SE—DS E- ORS A O­Ly L NO OF " D LOT 2 A "I OF 2`4 76 — TO A -1 01 _ATUR' .11E _TORLY 6 , FID, VOF. M 'ARC OF A �U — CON_ NO—ORLY _S A _ OF — REI AND A SFOFD jfNRS 14 .1— . I—LSSEn TF%E.�SOUTDM_..II DE N SECON. _T . W T L T. e "E — L RE " D LOT 2& 111 L CAMED"OR FRA. P- � DISTASE 0, —,. FED: (—r4� FE 1OR'),0TO TFE SOLI LIFE OF — IT 2. Ml ALAS 1111 TIE PLAT 'ENCE "ONO " ""T FOR TI`E FOLM 2 WS" "CE N .EST 17-1 REI 2� TFErCE FIFTI 1� DEG—S �S RNLTES 41 SEUDS D- OF S— *E " ­= T� T P Dp E 'SR D MV--POZRSFjHHoEFO` ,01PIME'lRE �A D Z FIE CL01ME R E "O'S "N"PAL "IS '=TO OUR RTEF.—ON OF FSLI MEROOK DL 'R BED PROPE FALLS -FIN Zol ` C"S" 0 ID, SO T 4' TFE FLOOD , LAF _ _EER 02— 62 rIS' 7111 D U.rRTPFWON ANO —1- CT 0 0— LN— OF nEL 0— $R FU— --00— LOERSL 5"N"I"ONWEER 10. 1.2 FINAL PLAT OF 3 3 LEGEND LAKES - NEIGHBORHOD 1 RESUBDIVISION McHENRY, ILLINOIS JE, 0. U_A I .4 01 .op A%WO�r%W F cHe r Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Exhibit C Building Elevations dated December 29, 2020 14 mom E� mitm n n = ... � ... IN ■ll !EE!!! !1! !!! !!■ w H ul w. rJ, no awns soy smamEr n�■ jam .op A%WO�r%W F cHe r Department of Community Development McHenry Municipal Center Exhibit D Landscape Plan dated December 28, 2020 15 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org CONSULTANTS: FMJLANDSCAPE ARCHITECT: GARY R. WEBER ASSOCIATES, INC 402 WEST LIBERTY DRIVE WHEATON, ILLINOIS 60187 Townhome Landscape Plan LEGEND LAKES McHenry, Illinois November 24, 2020 LOCATION MAP SCALE: 1-400' LENNAR' INDEX OF SHEETS COVER SHEET LANDSCAPEPLAN FOUNDATION LANDSCAPE DETAIL LANDSCAPE SPECIFICATIONS LANDSCAPE SPECIFICATIONS L:\Projects\LN1829\&.d\t 1829_D01_00To LP.d.g PLANTING DETAILS PLANT SPACING S PER PLAN 1" SHREDDED HARDWND BARK MULCH IIXISTING SUBGRADE PERENNIALS AND GROUNDCOVERS NoT ar • n sAucER ARwNO DE " ✓ IN GRADE DECIDUOUS AND EVERGREEN SHRUBSSCAE NOT LEADER. DO NPRINI ON OT cut CENTRALNLEADER. MA COT NTPLP.R PISE_EEN� EXPESTEO FEN_ED AT %EE AN ENTROOT FIRE GRADE. E'u SHREDDED HAFS— BARK ND OUTSIDE EDGE RREIF FULLY S-l"" HIGHER MULCH. FOR (I" AT BASE OSAUCER F TRUNK) FINISHED GRADE EXISTING E PLANTING WI TO BE AT LEAST T.KE A.RGOT BALL. DECIDUOUS TREES NEA 23 LOT 4 19 \ \ \ LOT 1 \ 04RRICK L4NE 0 25' 50' 100, 150, mm SCALE: 1"=50' NORTH GENERAL NOTES PLANT LIST i. :raamr,roll Yerify -,a-um aUlfty lire, a ie K, Qty BDtmiwl/Common Non¢ Size Remarks paneible far any damage. 2. Contracor shall verriy a -.i, ditions in lM field md SHADE TREES prior to construction llcon 1-1 notify Imd— architect oG Al II a 1rz A, my --. nARno FREE'u nnFLE S. Material W titi- shown arc far wRrcetorc < An II e m9yen.E'n 2 v1 A, The Contractor erFy alI m and �PP Y STATE ET NAFLE sufficient materials to conplete the job Pe IF- - a mr 1 uAc 1;.FT z � ., 4. The Imdxape architect I— s tlx right to Inspect trees and shrubs either at Flaw ofvgr h ar at silo be Gore T< T EENSP1aE u1TLELEAF LiNOEN z I/z �I. p tl tm tyor compli— with rcayircments of variety, siu RaI to 1p NEw UORRW S,wOTULEAF ELn z n B. Work shall conform to American Stallard for Nursery Stock, St of II s HMicultural Standards, and Lo- nleC. MATERIue M�nicipol regy cements. 1S SUREDDED.AF--. NULw c.Y. 6. Contracor elnll secure all pay for all« rmita, fees, �d nspections newssmy for tM proper ex ution oG this w k Is,Sn SOD S.Y. old conply with all cures applicable to this work. T. See Gf—, l it —tiros and 5 iFications for landxape work fa additi— rcoyiranens. ilml CARYK WEBER ASSOCIATES, INC. wmeuinuw0 >EaRna 90E W�(LT&ER'IYDHNE W tQ41lt)N. IIIA%1L9 6018] PHON& 630666'!197 LENNAf1 1E.N EAST 9UNMEIL0118 V/ Z W Y� aa� J w a p> a Z z U w WIS p � Z W J ' NOF 4 TYPICAL FOUNDATION LANDSCAPE PLAN 0 5' 10, 20' 30' SCALE: V=10' TYPICAL PLANT LIST - A TYPICAL PLANT LIST - B (BUILDINGS 11, 14, 26, 29, 35) (BUILDINGS 1, 9, 12, 27) >n .A.a T— > cn. sii 1 -A rz oe rm� irzaas o..Y s u. ors Awe s4Vmurcrz'cawne >+w' cut. Wait->ia.. orrz fGRwwiANr��e r s u<. Ce �� uuoo vieurwun a *ci 9 o.c. D[a �� ccwirvc onr caelEFi�[?i�rvun a tali �s s owa[ r[w wiWe �� •wive a-s o.c. [srz c oErce rEw a wke TYPICAL PLANT LIST - C (BUILDINGS 2, 10, 13, 28) INMI GARYK WEBER ASSOCIATES, INC. wmeuinuwo ecowcLcu ooasui.'rwc inNnscneenxcl¢iscnma azwm�'Lmsnnnarve W H Ell ON, II I A%1 L9 6018 i PHON& 6306667197 LENNAf1 1141 E.NAINS EAST 'UNpEEL011 , IL�IIB V/ W Q; Q J J Z W W 0 W J aN2NOF 4 Th== df P. d V did, pb1dg Wd, Ill b.d A. th. g PlIll PIh IF ­.d � blis - I. Wid- LtIl P­ Ill I. t T1 1hribld, I Ill ddhh= d! pddb th, md, - L.dl d,Z I d �Igh. iddl Ill r-dibb., d' ­bIll dd­­ �phil Idd. TiNd V,hi-eon U,dd, rerlry Ii., III. -I A-11 idd.-Y. Sh..Id A- or ...1 lt� L-d­ A-11 ­bIddly. A�7t,d�­A­11�1.11, Irl III P­ ­ -111. -61dl. b, p=l. d� pl..==I p. = dIp'P... one Ith l ­ The I'd Ight th.l _ V d,d, It p_ hl� gt� or w of im and a I P-1 'y ==Ibd1 2 - ­d.p. comreuar ­1 ­dIdd, Add,111 I thl wmmencerm . -,-p. nir.., OtIl -Idddn .11 rd.-Id ­n d.nbhd I-h- I.l d, dhl 4 1dAhAdd . ., dj.-n of I.- o­ InAddrid. Wb � i...d,d -1 th, .. L.dl Ard,­ � 1. q .­1 by -Aft- H...dd ft g..i.g Mthdiddib, d, AIFId AA­ 5 Ahy ...d by III, Ind- C.nt­ A III, thNum«y Lld:In Bitl Pmpoal Form Landscape comrecmr mall iaemiry a dim dared nurewea e«n wM1ere nu xor Thy 2pant mbamiename delivered . 1. j. ... Ad la the -I Adth.b.d. Xlb. ddma by 1..Ah,hildl p.­ , I d.d,tAn. d Ihd­ IntIddidd by ltd- ., E1.1 .-IIII t I 0.. d ­-At11, �ddt-, df III, p­ .1 IN 01. I =& dd1dI­­1p ddd plc 1. dh dIddl I., ­oIhn df 1. P. L_ Pth ­ m,'l III— f N ft ptn­ Ill ­d - I., Ill 9­1 ll Ill - lewd. I. Id ­ df g.. ­­ leedery ... IddIdd, .. Nhd P.,ddl.1 Fdrd, did =rk.­.S..bdhft=.AhPWdf.hhd­,t­­ dmulch. erasion review an rod The at.t p 1. Pit- th U.Ild-P. -I- sFd 'I I' p d '�;p dmcdonl '. _1PZ I I Z1d. '' acaprandeapmnl Intlm dVrt­ It I ­yIdg, Ill .11 ph,- fd, pill b­ AdIrd. fildill-9 rd ­hh, ­11 1 ­1 fd, phlb-dIr, .... p.n-. do T dd==;.,.t. .11 pl true 1 .1 .auhtdr.h. -.1, ddlhoy wilyyspIddA hdI Aft.t.h, .1not lAdd. ddreager insmlldw Ina to protest - ens wn an d,-d- 11ird.-Intil I Nldd Ihbll open­dd d.rdg 1- -, ddnd.tldn, and dni,, d­ o e Ina ddddVd pl.l .1d .1 g.dq id. l dd, n I ­.d -by III ­l� - ­ dd, ... pl-thl add I PId"meth .., pl.rd Vib-I of them, species «vafery .,Ih mmml, eensaty developed thhh- d pIldd, hl fidVI ddb­ dhl p =d h nd -Ill Wnt, ­11 -d . ­ h.11 dd dddh 0 d.=. tl.d dd P.11 11, 1, It -lip., 1. =d, Ad,hibldt, Treep.d. Ill III, f A dth, g.,dl,, ­bd 111 1, tr­ b, aemly move thl =g-h ­ in . dd.h. . Af I T. for I. .ptd th h�l� 1. bOd­ dr. Ill -IA (illI1C1 plains�k, 1 1-1 nhdIb_p11b_.dd11 (it) A I ­­ I rdd dl . - F­1 h.11 - I Ihd d...- . d,d oddl H. one dd. _ hill a. 1. -..n- I pIddIng ­ ­111. p­ddd �pr­ by Id Ildl Addhddl - llphd­ by dIll phl, -I III. tr- by The P_v 1` l Swnn nod less Nan three mom dd- Ilthh-ld, 1=1 ill= 1 An 0 11 1,11d Apants I, ­ -p h, All phl 11.1 dd I ddd­ Id -, III I. f Ihd p1d. d hAl ­ CdToy - b.n., dI====Trt1 ­.l rd�,gdthdl I . th- I. (t) id -I, I, ground . dd, N.- III dh­ Ill I A point ­1� (12) .Mee above tIto1­1 9.dhd lide for trees­1'mu(4) I - It di.dIldth, d) rees m masured eom the vino 9- Ill I the thl lh1.1 b...h Uli)Rgm dd -I anamernd T­ .. -h- F­ Ill . 11. 1 . ..... I It. dN ....... V.­VI== fd Ip- .- di"I'dd-Idd ., 'hd Pit" Idd d by ANSI Zll I f,V 1. 1111 If hrdb didirl ne A._hdd_ `Y"" ­d. pong t,,dd. Ina amen baiald. Pfithngs and liddl pIAA.d,d ar solid as I. dl gh- Ith. .1 9bM n­ dr­ otyp.pyl­ b1rd I O.d. :,-Id 111. rags ­ ­1 b. g..ddh1dd by theverd.,I d Indd I names Ivaeery b, ==:. thAM, 0­ d- -P - � Il,' bi-I b, YI I , - Arh­­ S.d d . d wdqht add 1.11 Id ­Iffidd In 1. ddd..hhd If annae thin -Std, III, MIMI 9­1 Af ­d .1. ­11111, 6E,sI imid.-uh -pl,­) IG% -pin R.d F.I.- 4b.- ii. A. E.L III, -ty 8 g­ I. I A Mhl All VVI. . . add Lthedyl t' idld .h hh- ery I, I. L during h-hiling Ind phung d thd d.d IddId.d. ­1 d,d light I j.1 b At sh.11 ­11, with side Ina Id- I- All reapdro irmpeulon 1, 'I..t di -Ill and rose in on. q.t.hy thdcemNing ddlt th. alobla d'.Ppl croon -th pp.d I.- NIna - ill Pod emergpanwtfer�l®rrvelM1 coal ­1. by d,d ­.p. Adthddl bmiappliwgan.nth .,F,­ ­.,­ Ildbil., III B. FI.dI F.- pl.. 14-14 14 Ilt th. 6 It, S. F 1, Nl- ,=n., �"hdddhl h pp1d, dIpp.d by Lhl Addhddl ­11. plc ­i, dd. d­ EPA ­1111 Emum be �dd eamwE by III, ­d­ A,dhbe� ed p.dd, Ito . Ill .... It Addh,­ tl� Ih. .1. ity .1 Ih. 11. ­dddpd I p.1d pp.d ddd III FILE ­­.m.ndA. lud. A,ld-tree nd,h,pbM��bngbedrd.Ilbed�l�h��dddd I. = 1. 1 and 112 Ih ­11, (reed -I Adbld. rdo b, I fi., �I­l 1­1 - 9- P-9 blddatoneI pi- f­ I 'd ­ A-dd. . ­, mend Intl III ... It of thh, ­1 ­1 b. Ill thl, I.Ill, ­Ttl, tithe tanaawpe . T.p.I II mad will Mcmdindlea with E­ I ensure easy accessmeano-auar. b1d, BI,,1 S.0 Mil (Ph.ArW Annual Ina Grdu­ -) P.1,de paneng ­ nh­ h-h,, dd qu.1 IIII. Iddidd ­­ pddt nd p-bark findd' (E­ I b- Theo C13h .1) Ill 1 - ­ - 5 1 Iddd,,dhdl inth 0 p­n1d, ddd,AI d, Apb,h Adhl I) D.Ap.1 ph- tl­ 1— ­11 M 24' ­ Ill b- S,,Il,,il ­­ Inc.., ­d ­.Ib, .1bidd. al ih -1, Ina gone weer beds in c­11cm.s dl recemmeneaeons. dVddA­ poats d- - EhAdudd- P.- Phdr-l-.....mnrytha ­�odl bIav mmmenreV.nt,1dIP1d1.9 h chtd-th-ll -1d, idt, s bit 111, ­0 ­ I,—Nan hbb IdII of weer - N h.,, Ad,11 at t6�-n.11mn.ltlN­ aup�l..1 e­�h1�dp1�h,d10p.r1b,1�I�Ill.l�.I TtlId..p. I.Ad ,4m 4 waver ­ III drdih­ .1 Hitt - ­dd, S.td dh! Iddl p­­ ­11 ddpt' dd 6 1,=d, dh­ 1 Ill d. VdId. E! PdP._ .-I, I- be-tverytree A Thh, Iddi id b, =,.,dtzh:11Z -th- by E..,hIl Th. 41 ,.I, dd dd,-. Liddl .p..- I p 111 h.dd bdd ph,d-,see -1. moments snlll be Wmm rot pocked ht- III, ddn pit. . phf ­Idd I.. A- I. ,­ can ­1 -do - I dI ddd=ddd spec Fags 9- Aft. d­ d, Add hd .1 all b.d, 1. 9- - d.. all wmpa an g.Ne evwtaf seglement remlusl Ne won m required gnisn gage. Ill Ill tIdl 1­11 It iTh_ perm ia nod p­ibll, . h.1O,g area ­i. ... . earebllsMd In . _­ pp.d b,, pIaml esasawe wnen A.-- 1.1-A ddd­ exist - pNdI1d9 oPt.1bad ­11 not b. P.-Idd dl -In grdurd I b­ ., during t,.d. If ob. u- Ill— -pp- III h--p-Ndt. T,.Edh­.A.dd,fdI.rd dd ElIdIdI El p,,1np11=,d:,,.",dZj1it;n­ EIAo.1u,ghtodrnIb.­ 1. odl bole. Th. wire basket snoum remdd. .11 Ed it III . I ­ I D. fdId. b, -ing F.. d Abl Flahl.. d,l 1 ­1 gh.d. I.Mpal � df ­urd ba. If dbdFill 1. rd. p1l Dino hIh Iddl 111 pthd dhhAd ft NII ., T.I, A'I h Wn "I ppl, Ip.I11.1 ­­M h.d­ ­ Idt,ti- d.- th dd,�=1.,h _h 11.1 lF.1rdhF- ­­dI.r. 114 1114 i.11n. PhVdVdd 1.1 d_ d . I A I 111A­ ,.,Pbl . . . : . . �jdbb Ill d o-ees one I_ Itt, =ld In Zs . I., did Landscape ­Ib.g i TM thl g­ pply ­d­ If d,d dl --ladIn. Thd g-thdIly a.­d firdId. fd, 19 - April 111 J­ I ...d indiol .­1 I. I- mrd aped-..g I. (th =iby �l ::valll slall =dd.tp- _1 111 11 11111111p, g hhl�d, I. In t _dddI Fd In =9 .11 bh p.d,1..d idler. ti d-­ hp.�l It.__ .., idd'I =d. d.. I .I. .,dl, ill n. ddsdb,. th. - I Inddd.pd C.Ird.­ 1.11 h.d. b1rng t, h.pdb.d 1- 1 h,dq.AdIy Id, hdi I, prdnt dl I Id. 11­ - dIdAl- tdd 1p g- hdA.1h, . 3 in& thi CdI 0. , THIA-30h.h.-I Ill i­..addd­ - "_" Ind-pd -0- pddlbli_k con es The It d- bl, dt. Ltl Eddhh- dAp t,I I dl�htddlhht - irdpild- P-d- d thl FId­ 1, Addl dd h..d Id d nb It dd. III ­dflddI. I­ -,dy tru- b a.d,= I. - . d! a .­ d­ b­ .1dg udII Mad- Ady ldd III hall drddl ­ --i.ddy � �Z= t1d 1­1 y d­dd If ­dd, by thl L.rds­ ­1­IWp­tN,24hdd­1IN .pp-.1 df .. L.ddsIa, Ahth Idd, d, I :np­ -, IN gwa - .1 -th. dlt.d .. d'= samre �dgld... StA,­jdhda h l ddu­ 'd IldIng _dj ­t gdd. PhAift Ill P.d tdt, fld.h ddbd­ Idl Id­ft� ddlft� .1 _d ddh n I P_ P.- ph- d phl.l. hibly di --y.­ us w I, AI;Vnordlee wnn 9. ddhn _htb. -d­ I. $1 d 1.11 Id measure- -m-ld S.d shad 1 b ...... d ­,ghly wth p.y I. m­11, Itly, lh� �11­ I d r, A. Ad,y Idd All h- k NO _d., as pp d dIdIdd,,. th. J,, � 0 IN, Ardddh III thr,,91 ZdZd p­1 w eo ereq eras t.p g­ Ill heighl Cdl blIti, hl ­rg, Thh, dt.d I mairthol, spddfl. 11t;,t Ill .1 ­11 be dye ­p.dl . III. -ding, o.di 9 ­ ­11 h­ I I - in- dean ­..P.- ­il Cluddih, d­ I- di-hIdd NATIVE AREAS SHAI NOT RECERE I. the and because ollmp gror Fam-1 11mi CARY K WEBS; ASSOCIATES, IN wmeuinuwo fr306667191 LENIMA 1141 E. MIN IT. AN - IUNME IL0118 (j) LU z LU 0 LU _1 DATIE 1-11 NbOJECT NO. LN11 IIIIIEET NO 30F4 m°mq« p-III awaony 91 bice be penam n el«iry exareaa five (e)miks per noubE ebopnmom a° re a on or ma teases ormegenea wo wi no hlbi dbipftemcee ey Ue�w.er�pt a, era Arai an approved type mdllCBermcw same dseeabee ana place me °veed,b ow pane�nea m a�negnt oofo ncnesamr siti tyro aeoerm'nwbanai piememwhmveaazripmceaurea dame b.b., I ti I. III p.1 11.bd we. ae(it P»sibs.), prior w the v vaupugaq lieuasaearea a co hem wafer locema vnlnin the r competes, inanll edam cormol bi—per mangaz P—spaz—rill. b. relive that a qua des NI,Landscape c�.on Fib peeomr the inleel installatwn ana 13jAe)'Scnenge foe p shad be submiI. mme lane cape molten a�Wootly Vag n emma ,Aleaaa eremo ram sin an but noLImltedroge°es All Germ.4�1, eq.-Pre immeelately A- cutting°aaunwn rgg e, smmpa I.— ana MSDS•s(M.— Safety lDma modes) ro.11 chef—id,d l»a aunrg«mpiation An got IS radii, height by twelve(12) tees In eiememv. P aze appi» ah is to be removes o-om me aim alarman burned. no re»iwona A P— 'um,�ver-^ezetl le' pe ana bmmmsaexi a sme A. Wm Mead peace as note ry Ft. aemak ro enr�bantee areas. Die»ease°specks ere�nauieetl�bid nd Ill to, e N n »a(see 2AC) eeNm as news»rye d. AbI OPIbbb Iith um f°aiowSb— m °elBf0'll-12 ndeenbebw. m, »n is not pre,.nl. cop »Il wn be addk to amps wth pp —I p rands.« AMnea. ';w za « aawnl era ea°a°°r'.aanne a I�etlgn'ma'brills ro the vaeaadmn afro. owner. I . Reconaeon-ibbria Art aa.... d by C.Irt—hi, operaeone. induaina aoaae of mmenalsor c. Pd., m--ill .1-b, P, rorobll bare and coin»cbd are» thoroughly to a depth ofrour(4) rvro`211ncheal.»dry P..d over, me.mlre arse a dam tree bb erenmaa mane awes nua f nbh)mmmevenllyy s«preee ova the eiNre area of dam planing T �rgandng, to pre»ye the nawral mareger eppropnem to the ay bra w o teem a ua sa «°the Wan l lord in a«amance Ann A.—rd d. pinning meow. `the leader AMcnb iime1 eyenme b. q-tlaoo nor ppNp neaaer c.una«ape comador rasa kep pay.mem dean ana an work ar»va ) e sinaz meaty e Lind.lip. L—b-s pbip.q of me owner ahem. wok of amer«mreaas. »d W me Landow» omilibil. dblc b, c «a dam 24 ho v rwnce of reaaineas mrinyadion a. onfafpantl«elm Ivenfypcomgiti—wn the conventre lb. otthe rands.«Plans ana cupk«e Inspection m the antl of the maimerwnce peace proviaea mat all pavku. amwknd» erh. ns�remaraw»ay for regawmemwamanN won ana comgelgn.the prof«t. r menance an i—ppin did«ap.comreaa still malmein all pandnq, adirling At the panting onanemp I. wmgete ana thI preiiminay pro g, appl cab«oeppmp aeinaegiadpana aged»n«e»ey to keep the pent bit enaisina nollry the counnry a«on c°mpledon of pandnea. The o-wners ounywat a cape of the pi.I w n » a es rva wtw'n by ep ueetay aumalry. save panting areas s ad be lmai manea ass«anae below. continue rot Ise thr»con (a) years suer mi a on acwpwncI an momshoos a ism ,meow n . b. df eeW ana puiina pnarome°dev°PPCelcpman anagmatun'ryINna ganbibn ry bye treined soar lic°en»a°o«�ator :Precise homic�deppl=,I. °men,hog IN»thy growing seasonantl as n»tld abbe o thib romped B m(eepe antl favaabi. weamerconanlona).°rire may ba atrotlucea w the p�Mtea t bid. wnryan m cods n«e rid responsible to ensure nave areas meet 1. 0)�`ar�a x a dense a al'tzs-°of--doh .-g. na1l ' ee sg ate, s,A,-At l»sl eo„of f.m i s d.A If qam°. as pug. anal be alive and — ,,I Ibdi Full Gnitifing S... At libil m otA,,dIt ins overage rasa a anadveonon..evasive pedal. 2e1 bddd-saki oavaage INm. Pd—area. m (common a aw Raaw�wn.°al A,,.�Ilca rnnl o aa°(a .as.),D s ,y.an.lc.. Tease,, Lythrum»I kaa(Purple°LP»e bd. Meliimusape(sweet cm»)Lbb°w azw(Reed carwryGass), PM1apmiks auatralia lGiant Reea), Fallegajaponiw (sroaal r Na°rmvnea)i antl Hyena cmaiN. & fnbid. 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W cHe r ORDINANCE NO 21- Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MCHENRY AND CALATLANTIC GROUP, INC. WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Development Agreement bearing the date of January 18, 2021 between the City of McHenry and CalAtlantic Group, Inc., is attached to this ordinance and incorporated herein by reference as Exhibit "A". SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 18th day of January, 2021. .op A%WO�r%W F cHe r Alderman Devine Alderman Glab Alderman Harding Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Ayes Nays Absent Abstain Trisha Ramel, City Clerk Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Exhibit A Development and Incentive Agreement between the City of McHenry and CalAtlantic Group, Inc. LEGEND LAKES DEVELOPMENT AGREEMENT This AGREEMENT ("AGREEMENT") made and entered into this 18th day of January, 2021, ("Effective Date") by and between the CITY OF MCHENRY, an Illinois municipal corporation (hereinafter referred to as "CITY"), and CALATLANTIC GROUP, Inc a Delaware corporation ("BUILDER"). RECITALS A. BUILDER has a contract to purchase the Property legally described on EXHIBIT A attached hereto and made a part of this Agreement by reference, hereinafter referred to as the "Subject Property" conditioned upon securing certain approvals from the CITY. B. The Subject Property is currently vacant and are zoned RA-1, Attached Residential, pursuant to the City's Zoning Ordinance. C. The Subject Property is part of a much larger territory annexed and zoned and constructed under the Shamrock Farm Annexation Agreement pursuant to Ordinance No. 01-1029 dated July 2, 2001. ("Annexation Agreement") D. Legend Lakes Unit 1 was constructed by a third party and said work was conveyed to the CITY and accepted by the CITY and BUILDER assumes no obligations with regards to the construction of public improvements with the exception of those improvements which would be installed concurrently with home construction; specifically curb depressions, public sidewalks, parkway seed/sod and parkway trees which are contiguous to the Subject Property. E. The Annexation Agreement which includes the Subject Property expires by its terms on July 2, 2021. F. CALATLANTIC GROUP is not the Developer of the property subject to the Annexation Agreement and is designated as "BUILDER," maintaining all Declarant rights and Designated Builder rights as described in the Declarations as hereinafter defined. 1 G. Notwithstanding the foregoing, this Development Agreement shall be and become null and void if on or prior to April 1, 2021, BUILDER fails to acquire the Subject Property. BUILDER shall provide the CITY with notice upon its acquisition of the Subject Property. NOW, THEREFORE, in consideration of the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY and BUILDER HEREBY AGREE AS FOLLOWS: 1. Incorporation of Recitals. The foregoing recitals are material to this Agreement and are incorporated into this Development Agreement as if fully stated in this Paragraph 1. The Parties acknowledge the truth and accuracy of the foregoing recitals. 2. Authority/Exhibits. This Agreement is made pursuant to and in accordance with the provisions of the Article VII of the Constitution of the State of Illinois (Home Rule provisions) and the Illinois Municipal Code (Chapter 65 of the Illinois Compiled Statutes) including but not limited to the authority granted to the CITY to grant subdivision approval; to enter into an agreement pertaining to sanitary sewer and public water facilities; and to accept dedications of land by easement or deed for public use. 3. Zoning. The zoning of the Subject Property shall remain RA-1, Attached Residential, during the term of this Agreement. 4. Final Plat of Legend Lakes Neighborhood 1 Resubdivision Approval. The CITY approves the Final Plat of Legend Lakes Neighborhood 1 Resubdivision prepared by Mackie Consultants, LLC consisting of 3 pages dated 11.16.20 attached as EXHIBIT B. and incorporated by reference. ("Final Plat of Resubdivision") BUILDER agrees to construct dwelling units on the locations identified on the Final Plat of Resubdivision. The existing building separations and setbacks are superseded by the building separations and setbacks expressly set forth on the Final Plat of Resubdivision. Any amendments to the number of units on the Final Plat of Resubdivision, except as otherwise provided herein, shall require an amendment to this Agreement. Amendments addressing engineering modifications or adjustments of lot lines shall not require an amendment to this Agreement but only the consent of the City Engineer. NA 5. Conveyances of Attached Single -Family Dwelling Unit Lots. BUILDER shall have the right to construct Dwelling Units upon the LOTS and convey those Dwelling Units and said portions of such lots upon which they are constructed to third parties by metes and bounds legal description without having to further subdivide those lots or amend the Final Plat of Resubdivision, notwithstanding any provision of or requirement in the City Subdivision Ordinance or any other applicable City Codes and Ordinances to the contrary, provided that BUILDER submits documentation demonstrating that any parcel created by such metes and bounds legal description falls within one of the Section l (b) exceptions including Plat Act Exception #2 to the requirements of the Illinois Plat Act (765 ILCS205/1(b)). 6. Maximum Number of Dwelling Units. The maximum number and type of Dwelling Units permitted to be constructed shall be 52 townhomes. ("Dwelling Units") 7. Approval of Building Elevations. The City approves the elevations of the Dwelling Units prepared by Lennar dated 12.27.20 which is attached as EXHIBIT C and incorporated by reference. ("Dwelling Unit Elevations") BUILDER agrees to construct the Dwelling Units generally consistent with EXHIBIT C. Any change or modification in the elevations that the City Manager determines to be minor shall be approved administratively without the necessity of amending the Agreement. Any change or modifications the City Manager deems major shall be referred to the City Council which will be the final arbiter as to whether the change or modification requires an amendment of this Agreement or not. 8. Landscape Plans. The CITY approves the Dwelling Units Landscape Plan prepared by Gary Weber Associates dated 12/28/20 consisting of 5 pages attached as EXHIBIT D and incorporated herein by reference. ("Dwelling Unit Landscape Plan") Landscaping shall be provided, installed in accordance with the plans and guaranteed in accordance with the City Code. 9. Covenants and Maintenance. BUILDER shall make the Subject Property subject to a declaration ("Declaration") which will be administered by an Association to be created by BUILDER. The Subject Property is also subject to the Master Declaration of Covenants, Conditions, Easements and Restrictions for The Legend Lakes Master Association, Recorded as Document 2003R0084766, as supplemented and amended from time to time. 3 10. Back -Up Special Service Area. The Subject Property is also subject to a back-up or dormant Special Service Area which the CITY established on all of the other neighborhoods in Legend Lakes subject to the Annexation Agreement. 11. Infrastructure. The CITY acknowledges that BUILDER is not obligated to make any improvements to either the sanitary sewer system, the potable water system, the storm water management system or the road system. The parties agree, however, that BUILDER may make the following improvements in order to accommodate its product: a. Curbs. BUILDER shall perform curb removal and replacement and/or curb cuts as required in order to accommodate CITY's curb depression requirement and the BUILDER'S townhome driveway configuration. b. Water services. BUILDER may tap water mains and install water services as required to provide individual F water services to serve each residential unit. These water services, to the maximum extent practical and if installed on the far side from the water main will be installed by directional drilling to avoid cuts in the finished pavement. C. Sanitary sewer services. Sanitary sewer services will be installed per approved engineering plans. d. Public sidewalks. BUILDER shall install public sidewalks if required adjacent to the Subject Property. Installation shall be in accordance with the Engineering Plans. e. Public Parkways. BUILDER shall install public parkway seed/sod and parkway trees adjacent to the Subject Property and installation shall be in accordance with the Landscape Plans. The above improvements shall be installed in accordance with McHenry Subdivision Control Ordinance. 12. Capacity to Serve. The CITY acknowledges that there is currently sanitary sewer treatment plant capacity and potable water supply available to serve the homes. Water and sanitary treatment plant and main capacity are reserved and will be made available to the Subject Property. 13. Recapture Agreements. The CITY acknowledges that the Subject Property is not subject to any existing recapture agreement and that any recaptures affecting the Subject Property 2 have been fully satisfied. 14. Temporary Signage. a. Advertising Signs. The CITY agrees to issue permits, following receipt of proper applications and fees, for a maximum of four (4) temporary subdivision advertising signs at locations identified on Exhibit E. ("Marketing Signage") The signs shall be two-sided or v-shaped, a maximum of sixty-four (64) square feet in area, eight (8) feet in height, and set back a minimum of ten (10) feet from the property line. The signs shall be removed when the BUILDER has ceased operation of its on -site Sales Office/Model Home. b. On -Site Directional Signs. On -site directional signs identifying the sales office(s) and model(s) shall be allowed subject to approval by the Community Development Department of the CITY, upon payment of a one-time permit fee, with said signs to be removed on or before termination of Sales Office/Model Home. C. Offsite Weekend Directional Signs. Upon making application and payment of required permit fees to the CITY, the CITY shall allow temporary weekend offsite directional marketing signs, which shall be permitted on an annual basis, subject to renewal until such time as the BUILDER discontinues its Sales Office/Model. Hours for the weekend signage will be restricted to weekly between 6 PM on Friday and 6 PM on Sunday. Sign size and locations for the offsite signage shall be as shown in Exhibit F. ("Offside Weekend Directional Signage") 15. Model Homes: Construction Trailers. a. Model Homes. BUILDER shall be permitted, at the BUILDER'S sole risk, to construct, maintain and occupy model units and to construct and maintain other appurtenant facilities for said model units, BUILDER shall have the right to use said models, as well as their garages, for sales, sales promotions and offices for sales personnel, all as may be desirable or in any way connected with the sales of dwellings on the LOTS. The CITY agrees to allow the BUILDER to construct temporary parking facilities paved to the sidewalk with curb depressed or other appurtenances to the model units and sales offices subject to the approval of the Community Development Department of the CITY and compliance with all applicable codes of the CITY. 5 b. Construction Trailers. Construction trailers used to build Dwelling Units shall be allowed, at locations to be approved by the Community Development Department of the CITY. Upon the sale of 100%•of the units all construction trailers shall be removed. 16. Donations, Contributions and Fees. BUILDER and CITY, acknowledge prior land and cash donations and credits and fees associated with the Annexation Agreement (which expires on July 2, 2021). Further the parties acknowledge the CITY has recently enacted a revised fee structure citywide. Concurrent with the approval of this Agreement the parties agree that the BUILDER and CITY will follow this fee structure and shall no longer be bound by the fees set forth in the Annexation Agreement. hi the event of increase of Capital Development Fees or Impact Fees BUILDER may prepay Capital Development and Impact Fees for balance of homesites within 30 days at the previous rates. Fees in effect as of the date of this Agreement are set forth in Exhibit G. 17. Binding Effect and Term. This Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record and their heirs, assigns, and lessees, and upon successor municipal authorities of the CITY and successor municipalities for a period of ten (10) years from the date of execution hereof, and any extended time agreed to by amendment to this Agreement. 18. Amendment. This Agreement may only be amended by written instrument executed by all parties hereto. Provided, however, in the event title to the LOTS, in whole or part, is transferred to successors in interest, future amendments relating to the LOTS may be made by and between the CITY and the title holders to the parcel specifically requesting the amendment without consent required by other record owners of the LOTS. 19. Notice and Default. Before any failure of any party to this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party alleging the breach shall provide notice to the party alleged to be in default specifying the nature of said default, and thirty (30) days elapses from the receipt of said default notice without the default being cured. Notice shall be in writing and delivered via certified mail, addressed as follows: Con If to CITY: City Administrator 333 S. Green Street McHenry, IL 60050 with a copy to: Zukowski, Rogers, Flood & McArdle 50 Virginia Street Crystal Lake, IL 60014 Attention: David McArdle. If to BUILDER Builder's Division Office: CALATLANTIC GROUP, Inc. 1141 E. Main Street, Suite 108 East Dundee, IL 60118 Attn: Scott Guerard, VP Land Acquisitions Email: scoff. ueg rardglennar.com Builder's Corporate Office: Lennar Corporation 700 NW 1071h Avenue - 4th Floor Miami, FL 33172 Attn: General Counsel Email: mark. sustanaklennar.com Builder's Regional Office: CALATLANTIC GROUP, Inc. 3440 Preston Ridge Road, Suite 685 Alpharetta, GA 30005 Attn: James B. Parker, Area President Email: james.parkerglennar.com with a copy to: CALATLANTIC GROUP, Inc. 4600 W. Cypress Street, Suite 250 Tampa, FL 33607 Attn: Phil Wolf, Region Counsel Email: phil.wol&lennar.com 21. Ordinance Changes. Except as otherwise specified herein, all ordinances of the CITY and other applicable jurisdictions as amended from time to time shall apply to the LOTS, BUILDER and all successors and assigns in title. CITY shall not impose sprinkler requirements upon the Subject Property unless mandated by the State of Illinois fire authority. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. CITY OF McHENRY, an Illinois municipal corporation By: Wayne Jett, Mayor Attest: Title: Date of Execution: BUILDER: CALATLANTIC GROUP, INC., a Delaware corporation, By: _ Name: Title: Attest: Name and Title: Date of Execution: STATE OF ILLINOIS ) ) SS COUNTY OF MCHENRY ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that WAYNE JETT and personally known to me to be the City Mayor and , respectively, of the CITY OF MCHENRY, and personally known to me to be the same persons whose names are subscribed to the foregoing Legend Lake Development Agreement, appeared before me this day in person and severally acknowledged that they signed and delivered said Development Agreement as such Mayor and of said City pursuant to authority given by the Corporate Authorities of said City, as their free and voluntary act, and as the free and voluntary act and deed of said Village, for the uses and purposes therein set forth. Given under my hand and official seal, this day of , 2021. Notary Public My Commission Expires: 0 STATE OF ) ) SS COUNTY OF ) a notary public in and for the County and State aforesaid, do hereby certify that , personally known to me to be the of CALATLANTIC GROUP, INC. and personally known to me to be the same person whose name is subscribed to the foregoing First Amendment, appeared before me this day in person and acknowledged that s/he signed and delivered said First Amendment as [titles] and of said corporation, as her/his free and voluntary act and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal, this day of , 2021. Notary Public My Commission Expires: 10 TABLE OF EXHIBITS EXHIBIT A Legal Description (Four Parcels) EXHIBIT B Final Plat of Resubdivision EXHIBIT C Dwelling Unit Elevations EXHIBIT D Dwelling Unit Landscape Plan EXHIBIT E Marketing Signage EXHIBIT F Offsite Weekend Directional Signage EXHIBIT G Building Fees (as of Date of Agreement) 11 EXHIBIT B Final Plat of Resubdivision ® 0 , R .�E a EAn DF , E R IRD PRNaPM I..�ExRr CO.Nh ,LN � FINAL PLAT OF LEGEND LAKESS- NEIGHBORHOOD � RESUBD/V/S/ON wDNIDED,SHP 12Ea 2 2926 scN[. t tm 33 MR. MRIE, PART OF m As —N. ROD 1 ,,"IIR uN a 0.T5 LOT 3 AREA: E s oxuxE Lor s(1E PLOT 31 N79•US°�.E �g•T=TT� uME VEET OR �A �\ Y9'3T'•B E OWNER'S CER�sT/F/GATE CERT/F/CATEssTOSPEC/ALASSE3gMENT: a50 ACRES MORE OF tLss KINSALE F. \ m HI 14 II , �03� D�;p xougr)s couxrc aF u�xd)Rp TwQEW0. 5y2\\\ QP / NEA 13 'b^r P PARCEL 1 HERE _ qs�l von'sc nTIA11'io x°FINWas P.— OFLOTS BE/NG ,� .TuWE : NEtIT1 �9 N'� �� 8 rvowTEocE nrvo wovr THE —E uxoER THE sTr�T utT rms x�k� TMaFo ry RESUBD/V/OED: - "pER apoa9\ _ \ Nib°R?•2� q� O N99'ST'S8^E icnrEN. x 41.64' 2 ELEVENTH 2pp9N�. \5 _�-g'I6••pY�SO 25.3 ftb V•f 1' O ,1 �1 II To RE uuxln Hrvx Hlcx 11—.—INT °^� TM5 wr rs rkx[xm Is, Txis _ wv of 09 ii ias oos AMENDMENT 0 O sn s. ,A.o., 20_ PER DOC pD �A \ l6 '> J 'i 00.mRiT o e� iiv PEre ooc assrsss t �e x 2008R0062558 PNµ E �5 �• (�\ mU :O ' AREA 121 1 N rvols. Txls _ DAr of . AD.. 20_ - - _ _ n. oe xHP .a w 2 \ T O.S 1 cm mvwsuRfx EIGHTH W� u t 2008ROODOC F wE„c`N,. S,, EOMENT,'' NEa1fi� �'� ')` II 1 3 F.sT oux°a Iwrv°rs aorta 08 J06� 1 Na 0 26 A, _ - I PLANNING AND ZONING COMN/SS/ONAPPROVAL: i1 AMENDMENT ��REftQOGg\8Illy $gg sax sic. PART OF / \\-`C 3 2009R0003045 PNO gR�g9 •3� \PART OF L�% ll� 2 TIE Tn[ p ��s LOT I O� i N66°25'S8^ 2� 11 N NEA I B \\ r REPRO 66 2fi.48' Yl / I I 'A vaxR:o [ vMxR:o [—_—__—__—__ __— _/ Q9j NCTSEA S89°ST589+1 crtr oT uP.0C Rl. iLuxas of THE sugomsl0x coxrga OFE RAN. of THE �� DUG4 p^ ig/ /n° 36.58-De.5e'(v) NOTARYPOBL/C CERT/F/CATEr \ B"pyEryT SMp NEA 26 4 %\ \/ OP `�, couxR GF u.xEx) EtwIRu.Try autmua v o oz uTxa co luu ssTox _-- 0�PE DOG, ER DOCT 8� \ �p9. '�\\\ 1¢Tc, Dry 6 R>'15 ]R00812Q3 2003R0004590 > \ 4C °'•A1 O1v 1¢' r�. /j1 —RT Neat IN AND roq THE vm.IEo xwE \ NEA 19 \ \ ,6N�•A?,sA N� ' Q AN y Eou—eTR oq s ID w HmE-- THAT C/TV ENO/NEER CERT/F/CITE: \\ \ y^, qy6 �A Op k, NEAAND _—_—_—_—_— a au�xd)Rvjs FOURTH A NEA 4� py 40 9� NEA 9 EX/ST/NG LOTS AND NEA'3 AS SHOWN ON THE F/NAL AMENDMENT = 29 / ? / A THEE MN vo KOW O ITO THE USES A 1 vugvosES HEREIx INHm cm Et-- Tx[RE-1..[[T THE PLAT OF SUMO/V/S/ON OF LEGEND LAKES 200]R0051953 40" PANT OF u.DER uv Hw sEol THIS wv DATm Txrs NE/GNHORNOOG 1 PER DOC 2006ROO67400 AND CONDO / LOes 3F\\ L/NES AS SHOWN ON THE OECLARA T/ON OF LEGEND Rg / t 0v____. A.D.. 20__ .A.D.. 2o_ LAKES A NE/GHgENOMENT3 1 ONDOM/N/UM CB ��=B�Po• T8 52•yg„W =3• � C/TY CLERMB GERT/F/CITE xOSH�ss p<3g.9p Neat HULTH ADIHN11TRATOR COLNI OF M HE ) SURFACE WATER DRAINAGE CERT/F/GATE-------------- PART 2F I. _, 'HER _—_—_—_—______ __— SAO PART OF I COUNCILHA\2 HmET0 SET .r HAND AND sEK OF THE att OF LOT 3 Exm. LLINOR AMENENTT wtED Tx5 °F My pF m lox. NG PreDPA BECAUSE a THE T THIS c R wY OF N cE EHu Hvr wn O uxwx00D 0FE C / 200]R0048020 .? corvsmucn0n w.ACE TU rxE gnaw '0B7 5 A ---- N. 31 C. ExDINEER — -------- m POB AMENDMENT DMENT Pre0rzssoxu OawEBT is PARCEL 4 PER DOC COUNTYCLERRCERT/F/CATEr i B 00BROO9636 A� MCI AT °DR.lR A °w))ssss ART SPiiKiF N 2 (�'4 ENDMENT m ncnr ucxExrer vutt vgOPEmr c0uxrc 0r ua Rr) B 4 \F.� -p 5� PER DOC TN/B PLAT PRESENTED BY.• Np • ll NEA y O -, A �p002"I /0J O a 200]R003]95 N ry m e my 95 o-m a om �.LpO6g 33 A _IIIPIT usr DxrvDEE Iuw0ls a0tt5 VE U�I�"i 6 eiii us�i oOHE`u`Er,°KT"� RATEIF ISExI.E.uvA.w rx0 x AT xu x xRr THE aNrvexw awT. Oxs r0 tmc. �3 00 58 •^W Ka•• sE ry remixes assED 0x xma E(z01) nurv°rs STATE aurvE wT 1—, 1­ Txrs — r r `HH6. 58T. DRAPER ROAD 196 M� y' HAF N11— ARE — Iry FEET AxI D-1 —1 Tg _ �,' _ SEE^SHEET 3 / m SUBMnTTAL x lux ry a mou Mscn u a xT. COUNTY RECORDER CERTIFICATE r__ __� r_______i O AMEFDDOCIATE OF III NMI NEA 2 IH+O $ D 2008R0049270 rm otH rem L Paxrs ALUxc THE reaxts-°F-wE uxLEss COLNI GF . HENRY) s L m '•F NTT n ED SE.iw ° LL IHyVy a c. Au usE.Ems u+D sErasHs sxawx x[re[0x xireE cw.R[D - eouxD4Rv LINE P_ARTIOF gip m r0 ar LEcsrvU EM rvMcxwuxooD t Hrvu PUT reECO' THIS INSN.ET6 FILED FOR RECORD w THE R..Dm's OFRCE OF .—F, SE7 `Ell'4dFr AS HT PLOT 2F LOAM O ooareoont ex o/reoo.t a D As DDCUu[xTs 5— —_ F ____ __. D.. DAr (uxE 'OS^W 5 56'S9 FggC —37INTHIS N00°3WGW W xr rc eE Om of NETH v.Rx vRrovm —_—u. AND RECORDED u 00CN.EN7 N.M.. xO NON FAS LIT AREA 22.11Y sR oicla Es —_—_—_—_—_—_—_—_—_—_—_—__ Me �k/61, EeLy ry Hx cx1URirvc O aw0lxirvc cOuresEs uxLEss NA CON 32 NA .. •••., maTwS IrvrEreP_Ata. AND scwxc. .zoos. wfi+Ecr TO u/s M.M. cp..u11gR19,LLC CLIENT . DESIGNED EGIGNE FINAL PLAT OF ...E VV Higgins Road, Suite 5c0 1141 EAST MAIN STREET DRAWNI IMF0E I} R0sem01 IL60016 LENNA�- SUITE 108 LEGEND LAKES - NEIGHBORHOD 1 RESUBDIVISION J ,c (B4])696-1400 EAST DUNDEEILLINOIS 60118 DATE PROJECT NUMBER: 3552 wWW macklec0nsuIt.w, APDATEEO McHENRY, ILLINOIS ©"^°s6FIMM"HCENSEsa:101194 FINAL PLAT OF °°pry°"MP PROJECT LEGEND LAKES - NEIGHBORHOOD I RESUBDI VIS/ON ® uxzueowmzo LOCATION 8 nvJ - RTFTOF LOOT 3 \ LOT 5 A T OF AD,g gg0°28• g 2 I zw>Rmerosz urrw+wn 80.22']••E Bey°f .1E Bg, 27 all xuE KINSALE LANE LOT 14 _ wmsTa --- AMENDMENT \\ \ \ zro 2009ROO115522 \\\ \ - LOT 13 I I - ' 1/ O,J,R rT TEg"E Ea41.4oS;20001 SIT, P FA N16 AMENDMENT y 1 I 2001RI12558 LOT 12 / NEA 25 $I � LOT W! ;III ANEIF DOC 2009R0020341 rz� I o LOTABEA TABLE \ °� D RERECORDED AS DO \\TnyBrF / % rzssa� �o s° 2009R004991a aTM (\\ AMENNOMENT\\ TM TRao°rasz 5 A50 ``Il \ 2008R003J]18 \ EENTH AMENDMENT 939:." / ��ai- fin \1121 A—\ A IENDMENT N88°26'58"E 2 \ �`\/ PIEFU .OS 2009R0003045 26AIP / \\\ N. 18 \\\ \ \`\ NSA 23 53 LOT 27 _ / r A' \ \\ LOB 4A / LOT 11 I„"- 14 m.xv \ eb E I Bg9°ST'68'W L j 3656g' � (R) /FIN LOT 28 AMENDMENT 11, 200 R0081223 \II \ AMENDMENT �GV p1L/µ�O' \ \ \ 200BR0004590 \I NEA 19 \\1 LOT 10 9 ' LEBEN¢. 11 \ � ce �p552 �§3�• �. �a. 5NA o� -- LINE DILL LOT AAb LOT M/N/MUM BU/LB/NG SETBACNS LE —7710 usI.em \ 4a x. E99 / 2oo,Roo.roaz x� s- /MNR pB,N zB Po , @�, 1pon�w / PART of RUW.7RUNN—, a Ro o�Now N, -, Y A. *2 ;' RM) uFrrt yf Tgf 25 p1 M1 N xsoar M/N/MUM BU/LB/NG BEPABAT/ON9 w g3 Ps36g5 p3 AMENMENT (w) RFCCTm eR-Cqq 6� C 84.3g• FOURTH °`"Rw�Ng c5'S °e\ c sFVARATaxs. 2001R005 953 S—WF ax11x, RJRROT To " NK REAR _ I Tm EET M-118 c6RgDneReg,LLc CLIENT DR-N IMF FINAL PLAT OF 2 SDF 3 9575 W. Higgins Road, Suite 500 1141 EAST MAIN STREET ODRAWNO Rosemont, I150018 ��nr niA f- SUITE 106 APPROVEDLEGEND LAKES - NEIGHBORHOD 1 RESUBDIVISION (B4])696-1400 EAST DUNDEE. ILLINOIS 60118 DATEv603Eci NUMBER: 3552 mackleconsultcom " McHENRY, ILLINOIS ©NA sEFgMN11GENSE 111-002fi94 FINAL PLAT OF LEGEND LAKES - NEIGHBORHOOD I RESUBDIVISION SUI CERTIFIC­ RIE MAE IS CONSULTANTS "' AN 'LUNG FGaESSOOM& OLOPEORI E OMI E4, CE94EEDO CREEN' AN ST �� TE� TAIS SO " ,,,IIEI AND ILATTEDI 7H " F N I POLL I & 1. D m FLAT TERSIN GRANN IS A CORRECT ISPRESENTATCH .1 .10 G­ M­ .. FLAT OORMN ft011 G ED PER GRE OUNGF.1-1 E. EI I o­ EST -�N7.ENCl`lT`, IT. Fl ORE. �A I- Ol EE..Dlr III FE��EC)�TDn�E�..�s.OAT�lsT.CE-1-4.,��� MEVTO PAR �l M '4' " FEET " 'ENCE HE " DE.R ' DT.III 01 - OF GRAIER 'CAb T. G.W ST CA D h!iAL A- THENCE ALONG .1. R­ OF - FOR THE SOLOO.N. A GOCEGA �.T­E N­ - IS FM ALONG AN ARS OF A GINNE, CON- EACTE­ H.N. A RADIUS OF 211GO AND ORD SEARNO TH 45 DED'E GO MNI CEPECFRTNTA�%A�ONT GATTANNENCI;&TNENCE RGEN " EIMI AND T or 0. 6 .,,T ON, EAST STANCE 418 UFAR " TIE "MR. LOT FEET. zwwos,wo NEGERGED T PART F OR NO._ _2 6 DEGREES 28 E A" IUNI TH E EACTEFLI, NoRT, E_ A *ESTERLY,,64,,14 'EETEC`1`01�4 . -C OF A CN_ .- .-R. -ING A I OF ED. FEET AND A GTOREND 'CAP" NO GENI INUTES ME EC.CS T'O'T A " HTLIO' 7 ISPET A SINCE SOUTH III oy°OOApl, NEMD. 1. A DISTANCE OF ADS. FEET THENOTH& -&10H OF VNEST- LINE OF E TO. 2' DEGRECE,10ONCLTTMS ON �GOND� *Rlt AND ALSO EEING THE -Rl N NSA 14 G , - DECLURAOU OF LEGEND E� HENTGAN.- 1 ..­ REGOFDCS 'IE OCCITIENT'U.N.2"IE.MIN' FERI AS C.L.ENT 2CONROD._�. TH'ING, A /7 AD. CRETHRE OF 111 NE - RG A CAHOMLI" ETOR-AMON A ­_NE_ M-MENT% G'=D'IH WWAMT N 4j, I.I ALONG SA. EACEMENT FOR THE 10-NG I COUNCES, 2 THENCE .0- SEI DEGREES . .1NOTES 21 SECONER EMET, 2. RUN FEET; fijNENCE SOUTH ED DEGREES C. .1-5MAI.SSISONDS �WMGD TESTED SEA IS ED EUE N .A . EUDEME SOUTH EN DEGI .,ME ED INDS EAST MA,94 - 4 "E671"I. SEE AD , NUTER I SOUT IS THENCE .- !PMENRESS J-06..."SEDUME, A DISTANCE .1 Al 14 - TO THE 101. .1 E DEGR MOUTH 11 DECRESS CCSQNl Eb'.H'G7; 71 AH T PART OF LOT 4 IN LEGEND IN. NE.NERPROCE 1. EENG A AIINDRIDON 01 PART .1 THE .0- (UARNER 01 GO P 1 5 G EAST OF THE THIRD PRINCIPAL MEROAR AGCONING To THE TIM RMT THEREOF SECT OMEACTMS" A 44 CORTH DO AM0GEM8DNf 2CGGRGCS,.DS AND CEF_ Ge ­_GN RECORCE AS ClIENTS r I � IT11 '001tS, I LEGEND LANDES NEIMMUNNOCI NOI ="C"I'IT"TITURE , NOCT' 01 1 TI 22.110' 2 41 0 HE I IAN � W I GTN,0,M.I HICOYRDOLD ACADOCUMHT EDID' I'll ,�,D,,lNLGLNDElAA "CITUORN2 MINUTE. GIMEO POW A ON T OF A ON , C A E ZID Ll 11 HE I F NAL POW ON THI NORTH ONE 01 LOT 4 AS DESCR "D S� C PLAT THINCE ALONG THE HE RLY. EACTERLYLS D _DLY L 4,, 0, A, LOT � ,PG S, 11 HIT I F 1, S 11 AS TI FORT LI , ES, IV RAN AD OF E RE A Id THENCE NORTH 76 DEGREES 11 MO-S 2 EDCONDI AACT AOON. SAID NORTH L.A. A - E 0, 21- FEET TO A PONT 0 ,,ATUN, I TTG, EACTERL, TE11, AN. .-SPLY .- - ..NGICATANCIC OF A CURNE. CON- USOTERLY, 1.14C A Wl. OF ­. REgf, SW A IHOND .­ GOUTN IS MMGREAS.lS4TANG�ElG ­�.TSAET,PGA FORT OR TANI-Itl TILICEES.1 I.YDE'1'1' '1' MINUTES " !ECDFSA" , 1,4 1 . PE C A C, _ATUR �) TI .1 UTHE 2 0 11 ALONG AN PC 0 CURVE. 101CIE EACTER1 H.N. A RADIUS 01 D31GO �E,�NCN,,STA�,�LO�ND BI CAND SOUTH 44ARDSOREEAS GUI MI. TES 11 SEGONES AEST, TO A 101. OF ­ENSE . F A ST THE RNE 2, CAGRO, EARR��& GAAU� 6 DDICHI 5N EA OTES AD SETO E AS 1 0 IN 'IDG010771"A"10W �"IZGII 11-INLY NIGHT OF I - P' EE % Ar Ali CGOTH LINE IT SAID LOT 4 FOR THE F­14I 2 COURSES, ENCTEHW 1VU MINUTES S'ICSING PE DISTANCE OF GI EA FEET TO A FGHT 01 CURNATURE; 2� E G AN UP TOHRD' LIFE STERLOY 21,j .1 A.0'2 M U I I AS CCONSE C`ES'lTO N"T L' ""' A "US OF " SO ;m AND M N _ ONE TES RAN . M THA SAITHDR.M.' 09- OR THE ANT AUENEMEAT 7. THE DECLANAT. .1 LEGEND LAKES N­ DO 1 ED UN SEECTFON OF THE EAD RG T 0, A L E LOT 35 REA OWDIMAYEACY 214�Tl�801ASIFD�IUEMINT�BIRI�904E BI ZE ZERO ON SAID FINAL PLAR THENCE NORTH DO LOT IN A C3 ON . OSTANCE OF 161h�& I,- ADG�NqS T.EU;�r FLY LINE OF SAID SGTN N, EU' EI 09 SAID "I LNE OF _ 9 AN SCW y ONE N THE y "T 0 0 " _ N N SPECE DO EM,NUNN CONE 7 EN E D� 2 ON &EI N OSF TH"' _SI ME0_R"EEGC'.D'J C.N . E E S ."A � T % ALL H` T_ E I FTH AMEN ON A IS SCE, OODI 01 THEIPP LFT AMENEMENT I THE ESC-M OF LEDGERE LARES HE . OR 0 CONIEG REM'I. - 1 DOCUMENT 200MRS-1. THS.. NORTH " " IN-' i" SEWD' D"T"I" OF - 86 "' ALONG THE SONTHERL HE OF SAID - H - N-M_ SEN. 1. THE NO-ESTEelM OF NSA 21 11 DCPCTUD ON SAID FINAL FLAT AND k'SOUTHKETERLY"ZID NORTHEASTIERLY E-EIGH THERSOI TO THE SOF TH ETEENTH " N %,OCT CORNER OREAD �,LRTN AME,0,CNT, AME NO ENCE A UND E L� OF SAGAMETEE ANEDSTANG GRENCE AM ENEMEN No OTES SECOND T G NO C ED Y%YNECDONII NO A O PER EIL AN "I"'T "EM"WITE M OR Q7 HT. M. M D FTEENTTHO AWN GGRON,� SE NSA O7ES�SECSSIG KSG AIR SAID TRIAL FLAT, BEING ALSO A SOUTHERI CORNER OF FIIOSOF N�E 9 SESS �A M, 2111 P .. SEES NR T ALONG AYW SHORLY THEREOF AD DIN�MEII 61 �­RO ENLYCPNAD�FGAI AND TS EAS ,OFTNEACTERN CrSGN T E TH L LINE FTE IV hill 7 EN ---------------I TD.7EMNT E,CEED.N_­ THEOR-STERLY.LNUET.F.- 26 E 3, ME SEES 4F I NO A DISTANCE 01 ID7,77 FEET, TO THE PD. 01 E.HNIN., NA MOOWn 100H �RLYNIGIUNSVITTHEREEOI AS DEPOTED ON EAD THAL PLA PARGEL I A THE,, NES DA THAT Pr 0 LOT 2 IN LEGEND LANES NEIGHOSPHOSE 1. EENG A SUINDIMSON .1 11RU 01 THE ORNNNEET -'ll_R OFOOF HOSONDED kI 144. EODIHAMO'�' .8�l"ITIIF�17ZDRDIPDRI'C'�FLICMII'IA'e OC10""ON TOCOREED As DOCUMENTS 'CGERSO77 1 02 M DEO,%7,­,0,62kl" lFVD`LOT`I -IS DOE - A'RHOLVI' II A PT � AT THE ST N lw !&ND LANDS'NIll. DO NAL - RECOORDED E ON I 67DOO 0 C "' SP`CoOlGDll 1"CTUHMM 2M"R."I"AA"DTARGE PLOT ?F �17200641`1277CMUE`Nff I006H"ll 'I 2C4LFTFCANEE FS_�NDS �� ES MINUTES 56 1 DO E I D 01 D"OTORMMIJOZAGENT VEEM F A GTOR.PATER ANAGEMENT EASIANDN' AS RANNED IN SAID THAL PLAT THENCE ALONG NT FOR THE F111"S la�UREISE13EI�THAICI .- DO DEGREES 31 NNUTES OPUT C 061. E NORTH NG DE.RACG 5. . SECONDS RHEET,12EISO�,� TSE, SELO DEST 112,7 TE Co3dTHEAETE NO' DEGREES 6 N , SIEC2�,, N M NOTE I 7NEICE INGRIN I DEER 6WEET N I S � MlI_EEE�j SQC-.ENC 0 1 10 1 300­ 137.4 [0`21SIN. ALEG THE SOUTHERLY ES 6 0 SIDANCE OM14ED I OAT N�MERLY L II SAID PONT OF Ay OR DRAPER PRAD AS RE GATME ON D RM T, E C EAST y 1­42 lo" El - ALTING SAID NORTHERLY L HE SEE NO THE ARE 0, � CURNE. CONC.E OATNEFLY, -N. A NAGIUS 01 1 ED DO FEET WEENGEWOOD TMILmqA M A CHORD M"GES"S'T' "S O� SING M FS E5 NDI 7 T IF ANGEr261" CERN DEORAEI 14 NO TEE E-1 MEEI AN ORTH RLYS"`E sou TLOTA2 ANI A171 ISM 0 TO NT 01 �A tAM 6 5 S ONGM E104" T 1ENCEESHOELMY. HAVING A "M IVIC' PER UNG AND'ATURISRS'l CU"'My W DVADEAL I ESP OF E z EErl N 9 TENT" SE�UES RHEAT ,G THER EAST LNFj(SAD4LGT�2U9�NG ORTHE ASETUL SI RE L ASAOSO CATED ON SAID F PLAT CE 1,7 HE 137 GO D) E DtLO R"' TN ED IN OR I'MIDT III, NO TIE APENDIMEN POINT 01 ISINNING DDE, NSA 11 211IR1112111 PARGEL 4 "E�N A,7F OF THATSr 0 LOT 1 IN LEGEND LANDS NEDISOR.- 1. EENG A E­ 01 11. OF - No I 'I" THEREOF ,C 3, DDIHO"' ANT DGERSCREMOXTOATLOMI OCIZ71247RIEG.RDID AS DSCL.ENTS d ROSCROOD kI "�', 20' DGGI "'IT 1111177 1 " -116' N TURN' 'OU" ­ DESC ED L" DEC NN NO M N RT� �l NO Sisol A"7' D . WE. Col E, 0, THE 71.RIEENTM A.I T'?­EFolAA.N 01 LL.41 1.1 A.SORH.OD I CONDIMUNIUM CORDED REERNARY IOT .. AS DOCUMENT COCHRR-13, THENCE SOUTH OG DEGREES . RNICE 04 SECONDS ON. THE WEST LINE OF SAID THEREENTH AMENDNENI A USTANCE 01 171,41 FES TO THE SOUTH UNE OF SAD TENTH AM E IN ND "PER" T" MENT C S y \ �E N S C R.SE2 1 1 LEOENO: MME HNANAD MLE'T 8EDUA,­,0D­,CR F D M j"' AGING G� OMUO�WUINETMEFIC�lD�Lll'll�DEIHISOI�MIIRILIE�SG'T "AIDEOWE ARMICS'OF SlAITITRET ONG SAID SOUTH ONE .1 NOT 1 TO A LINE 01 A STOPURNARTER NANAG­ EACCOMENT AC GRANTDO IN SAID FINAL PL NEN�E._ . SAD EMSE.AN' 101 T5ElRS`"l`*NIWURA`I EH�N`A`II GREEI 1101 RE S042 ""NDS 4 0, THE FORT .,AGRF2 REET 2) THENCE NORTH EN NO 111NIN" AMENEM REM INI ,gemaog PER ECC 2o, U. OMNI OMM'EMUM THAT THE, PV Er 'SRCLI?lIEW�MENC��E���IOF��IHOERNII" T"ORSON" "Cl" A IS NO SP S ED IN OF M LE 11 01 THE LOW'S 1­ GORE, AS AMENDED DO A SUILES. C=N LINE NEILI "E """' CER" THAT ACCORDING 0 OUR R STATION F THE FLOOD SURANCE TO MAPS THAT ONER THE AREA, THE R`LD SOL, E D. G P G C - - - - - - - EASE - ENT ON MEREII DllRllD RUN, FALLS WQN 0 E F AREAS O&,DE 02 AN UAL C , GG LA, A, NT , ED 1 0 7 THE 41 N %, ON GE I ER, SER"N" '46"M AI.DOCU�LNTRD210DO�R0017C4UOIOIN�D ­NG LINE LGO IN. "1Z MAP NUMEER 17111.2.1, WON AN EFFECTIVE MTE OF ....R IF 1.1 SUALECTI TO 1-11ATES IRI ON U111 AS TO ZE 'HIRENT-21"NO NS COOARUU77102 AND 2007ROO41062 ARIAERr SUPIRICUST SCINT. LOT LINE "LEND ISATUR LINE N. 3, G-"G= :.pZTN.L'ZE_ - OF -, CC- IN R.E.ONl ILLINOIS IN."O TO �11WRWRPRAUL�NE DO CH, CHG., 3, EN UP E 71 FEET FIR FOUND 'RON RDID nEL 1, G­ W =&M-1 UVININUM EVILMM CAS N6 SEPA"ONS RNES "UL' I D-NAAl E.- ILLINOIS WR IRO .1- UNERNN OF- IF, LEGEND LANCE NON SAGODENT AND, LICENRE LIPIR.UIN-MEER SO. 2.2 NU..ER --DO- I 21011 1411 IN TERT-TER .1 1 F4 CON ,,UUE, A, NLUOE MI NFUTY EADEMENT Im AND M.4 ON ARE NPRE. O"INCEDE, P, FRI.N. N­ P­ STRAPAURNA LE2 LANDECAPE CAMEMENT m R "I"GE SAT TO "A"" No "=,u," R-D NO ,, TO ­0 NO SURE I FEET R BUH ING FEAR TTO, NNI %a - 4, REFT (N) NESSAD RN EN RED jq� Mackie LLC CLIENT FINAL PLAT OF95]SH ET E W. I. C .. DlA N 111 3 i Ad KI RARIC, SURE S. 1141 EAST MAIN STREET -OE FURNEUPont 1160018 1-1= NII 1%1 Aq` ft SUITE 108 �,Wo ED ;-�� LEGEND LAKES - NEIGHBORHOD 1 RESUBDIVISION (.1)6 -1.0 EAST DUNDEE,ILLINOIS 60118 - 7 12 18 20 N NMF DATE 11 1 .1 E - McHENRY, ILLINOIS IMACUE CONSULTANTS ULC,2020 DATE DESCRIPTION OF REVISION BY SCAL%E.. I— FIRM LICENSE 114-102194 EXHIBIT C Dwelling Unit Elevations I■1■1■1■IWIN ail: omom! aa — rar aaaomomom rrrloom! aaa■E! rra ala rrr omomE � !1! !loom rrr loom! lli 11a ■1 U W 1111-�1111�-- rJ, �rrson ®rir `= ■rr in loon HOW W— rrr EXHIBIT D Dwelling Unit Landscape Plan ("Landscape Plans") CONSULTANTS: FMJLANDSCAPE ARCHITECT: GARY R. WEBER ASSOCIATES, INC 402 WEST LIBERTY DRIVE WHEATON, ILLINOIS 60187 Townhome Landscape Plan LEGEND LAKES McHenry, Illinois December 28, 2020 � SUBJECT PROPERTY P� �O �4 Qom' \_� i SUBJECT PROPERTY LOCATION MAP SCALE: 1-400' LENNAR' INDEX OF SHEETS COVER SHEET LANDSCAPEPLAN FOUNDATION LANDSCAPE DETAIL LANDSCAPE SPECIFICATIONS LANDSCAPE SPECIFICATIONS L:\Projects\LN1829\&.d\t 1829_D01_00To LP.d.g PLANTING DETAILS PLANT SPACING S PER PLAN 1" SHREDDED HARDWND BARK MULCH II I IXISTING 11-RADE PERENNIALS AND GROUNDCOVERS J • n sAucER ARwND SIDE WTNIIEIED GRADE DECIDUOUS AND EVERGREEN SHRUBSSCAE NOT LEADER. W NPRINI ON OT cut CUUGE ENTRALNLEADER. COT MA PLP.R PISE_EEN� E%PEO FEN_ED AT %EE TAN ENTRFIWSN GRADE. 3'u SHREDDED HAFS— BARK ND OUTSIDE EDGE RREE IF ULLY FEST 1-1"" HIGHER nULCH. FOR (I" AT _I OSAUCER F TRUNK) FIWSHED GRADE EXISTING E PLANTING WI TO BE AT LEAST T.KE A.ROOTBALL. DECIDUOUS TREES NEA 23 LOT 4 19 \ \ \ LOT I \ \ e 0 25' 50' 100, 150, mw SCALE: 1" 50' NORTH GENERAL NOTES PLANT LIST i, tractor uti ¢ oll Y¢rify and¢rgraund lity I— and is KeY Y BDtmical/Common Non¢ Size R¢morks Pmaible far anY damag¢. 2. CantracWr a 11 verify all exiatir conditions in — field SHADE TREES Al n a v1 A, prior to canstructlon and s 11 —ify Imd— architect oG mY vmimoe. nARno FREEIv nnpLE An II m9pb.E' f Ii1 A, S. Material W titi¢¢ shown ore far caRroctoro < an l Cto erFy a I m and Ia PP Y STATE ET nAPLE As a z ^ a fNe t I- iA—o a to couplet¢ the job P< p — SUGAR nAPLE Ia wnnoN NACI,BERRY z Ii2 �1_ 4. The Imdscope architect I— s —right U, It and shrubs eithplow ofvnspec either at trees ,ro h Or at sit¢ before IF tl f:¢gi1tfar co Ii— with rcayircments of variety, au oI a SHINGLE oAK a z /z Tc la z Ito rel. B. ork atoll conform to American Standard for Nuraay Stock, E of Um.l. Horticultural Stmdmda, and Lorn1 Manicipol GREFNSPIRE uTTLELEAF LINDEN Uc Io 1 I/2 col. NEw Ho2Ra1 51wTHLEAF ELn repy rementa. 6. Contrac2r shall secure at pay for all« ti- . fees, �d nspectlo pl n smy for LM proper a utian oG thls w k and ply with all ewes applicable to this work. nlac. nATBeIUS la SHREDDED HARDNwO PU— cY. T, Sx G.—I Conditions and EP Wicatlma for I—— werk fa additional rcoyiranenta. Wal IM GARYK WEBER ASSOCIATES. INC. wroerennawo E:ca.ocLcnc. CONSLI.1va inNnscneenxcL¢xscnm 90E WA41'IIDER'IYIIHR'E W tdlit)N. ]iILi(1L9 6018 i PfIOH& 6306667197 LENNAn 1111EBWNST.AIEB EAST OUNME, IL80118 N z W Y aa� J Z w J a Q } Q z w v W A,p z W eH1NOF 4 TYPICAL FOUNDATION LANDSCAPE PLAN 0 51 10, 20' 30' SCALE: 1"=10' TYPICAL PLANT LIST - A TYPICAL PLANT LIST - B (BUILDINGS 11, 14,26,29,35) (BUILDINGS 1, 9,12,27) N— .A.E -E. 2 rm�� 1. 'Zr A_n 2 T. -1 E. I -.--Al I=- 7 TYPICAL PLANT LIST - C (BUILDINGS 2,10,13,28) -E. 2 2 4 ll:: IATZIA . Cn_ Wal lvml GARY K WEBER ASSOCIATES, INC. wroeunnuwo 5wsss7197 LiEtJMAri 1111E.W.- - 'UNMEL88118 20F4 I. gpliII 2 Pb -d- AtS M-111 d,Z I d 1, P- ThII A- I 161d 10- U,- w P. I-P. .1 .'d- dw- urea pwrapernena I.T.1, o into ulbb- T,1= d`2=bi=f comas�-I b,, Ity i., M­ A1I-RIdy. Sh- II-IIA � b- 111R. I bi.d. Mi, L-b. Lil.d­ A-11--ANy.1 I.P..... , P­ It & -p=1y III, -I '='l"h'.P=.`Ip.p."I ... Lend- ­7 MA- T. -I -h- ft V - et PI a III or it min toof-A,, mml+knce wen c.-Ilty -AAMAA 1, TI 11-1p, 11 11=11, M.-9 -dlypI,bdl,,It,i, anasnell won sae I T11=11'C,�,l t with LanaswP A' '17Y. I It.h, b- I I Th, P-M, PI-1119, 9- IMIII w,ek,anve. and .M- e erns I-d-,- .1-d IA All-bly lh.%LY-M-M, mennerw as ii-ii- w ft wnwaa M.dams I_pillAd by . q-1 MA ,M:d=' :p-d-bAi,l,A-HIIMi ,,Pb.'Nman M&n,-,,,d 11 ..d as � ,I -I -I did. �t,:d,h:. A n wyeeeMI dInn, 'Nl plt Ill 'g­ 01I- �:=I. li-StI dfth -AII - M- 1- I SMAI M. th. pIM,d A- III ..t li� d 4 b,11:=Nlli.b.. & dill I­M--Il, pram -b� 1Il...1 d-i db-Mg S the I­ tt� fired, -I- - A-IIdiR--kipil,a IR,lLA,­ 5. A, ffi.ri-dl ..-I pl- by ffil, L-Alid-pi, C.A- t Mi, E. ubnurs.rvL'nb In eia Proposal Form landscape comadw snarl iaemityalld dares nurseris hour wM1ere w-d ... ...... l , A-1 by -I Fildor N.. IAMeras t 9-1, AAR, At predI- b- d III, p- .1 IN 01. I =& h �d I p Aid pl-N 1. AM rotes far renewd pins 4 1. P. A h P- I -,I - - - d-. t1,.- Id md-And g dp-I , ­hl, wean seeemreem'real l b- S Al.t.suemnE Mrs I .I_two (zl ..tAR d -Mid namwcoa ban morn, I.b. Z.- bl.n- d p-1 Ind .-Mil. III .­flk . pill- I b, ew an wn the al, typewmre - sFetl by me pl-­ - Id E-ft p .... A, gmillg .-rant, Pnod. Iii-l- -11 -ply AM M. A T.-Ill llA plilW- dil lb -I, M- III onry dMng aanemceptw l mew nsA 1, Thl, pl.-gsof edreme M­11 b, d by thiI -,­ R-1 pi -II rypmal III thdr ­m- a varrery.,M -1, aenseN 6-opea Mn- p d, pl-, d-, M,IM-g.11 d rn es lure = hilt I,- . Uly d-pl b.A ou vo se -1 IRWIN I- - 1 .11 . IAM d --ss themotsymem necessary Mfusl amvery tithe pant P I M- I M. T-, �M, 1-plAding I. Il-pt.lbll, b, RIAIVI 6- -lipl,, AId b­ d pill b -t- Tree aped. muel ce .1 It - g-ty .-p. In IA I-m -y -y I. Ze ....- 1, 1. - -din - - b,,R.A, IT, III h.l.. (1) N. plill -11 be roof In the - d) C.-II, - A.11 trot be pm b. d. (it) A I pis usesm ­1 -11 - I III, sues rnercamd on the R-1 H. ane an of --d. end p- ing - -1l1. p-ld unle pp- 4 1. La M­ YM. lip- by -I pill, Mawd. Algli, -k. Wh- AA,dflAl by IMIghl, M-& h.d. - -- pl-s .1 nor less 1. 111 ..,n M.- lind .Mi b.- I. - M.- III ..It ggAl 1, E­. t- IdAll IM, b-hild W - 9.M.d I- Ili -I.. ­.Mld - -­ g. P- plAb, MMAI in I. An -Mid ire III-, oh, All plill 111 g- In -I -My I me ­1 blind d-ilic-d .1 It 11- 11 ­11- . plill ty M.11 aid Inc �dallPrshan beidour (4) inures meawreada Pim in M.­ lind III A Mt Ne (12) - b.. Ice1-1 9-Id lill. b,1 1. (4) - I. di- (ul-9-d SAM- - il measures ft. III, new 9-nd 1,. 1 MI &I I -I bench d­ ". -P 11,11 H. , hl -b- TI.- meawree Hen me netu g na unemth. b . ...... I. T.'e=q ldl' 2R­Cd-' �"I b,1Rd .1 M,A ,M- Ellb-fill.g. Syltil- P.M. pim, ­ ana areas maiatea. P­ mowing., fid.g. -­-th,fty011- P 4 11, 111 MAII I ASTA F405, -g- P.1,RMy- -i-M, tubing, p-bAl ar solid as 1411- 1. I.Tly 9-d amne a Ib. In)su ea by MR, 1-d-1-11.1 G.. ilgs sbe S..- b, 1. -.d., o me name a vasery S- - -by BlAg.. (mini- M. (3) -m-) 211 l,p,- (,imi- - III .-pM..) I_ C-ping III, pp-d kIt -(. I - . shi"Il -d ueeMl ythe,_.My 1 .M-be....Vnursery _Mbi:, MIII .I � d bI, AAAL L ditining li-difing - p-lig At III - Ul,A­ -1 ... Mi, light I A.1 =:� =� Z=blIA, bill thill, two(2) y- dd. -11 b, oxnus pl.l Ill -11 - -lin ..IVMM-q-s I b All Mild -11 -111, M 1.1 - fild-I 1. AMresped I A-, b, III- di -I ana My III -Vng -p- = .1d 1 2 A-411b.­1,N)C)E.F. p­ 14-14 ...- d- ­d%d. b-d Id 1h1. .1 - ppll., (IM-d by LiInd.ilp.Nd. --) - . I I Riwi, Albi, th. A- EPI L-I I E­b,, . M. A, III by thi, -1 p- bI Td- .h 'p"- di'- d (RL.) =l i"d L't:"th .1 p Snell be pm sea to me Lendwap. PLE ­-T- 11 IbId, �h;dl Pwausl. suborn mdem ands A M=P�=l �o- .-I fl- pIll M.- b. piIIII-1 I.- S -0. . L-1- A-b.. T-hmein ana P-.- . th. -.1 -111. 1 the s.I. ­ d .. L.­ one are c.T.,-, I co -pi. o.- All lbe -in.. .,. E- to ensure .... access b­ I S.0 Idi- (PRIA-1 A. -I b.d G.u- BAII) --pl Ing plIb-Md ..M.. TlR,A..d p-1.- (Se mixj ell CY. ntopR 1� ­.. in. .1 pere""lel, annual. ,�V r17,= Z dd' Pd-,.,1:= 11. -1 H=- "" (...Pi. I) D-I­ spleen Il- 11 lawn¢ shan be 24' - Id- b EPcialry -,­ Inc.., .­Ild III ­iwdM- .1 --1- AM .. T-..- d-b- ..it ---Aid- .-AM. p th-1, =.,.p=,i. 'n".:Yd,, I rtr -h A_l ;. P.P.d : ruz mart P; I , I" commence maskctey ..y 1. it. Mijil d-igi, Ad Ab- Work -tl� t� -­ - PnIA 10- Thi, 1-ill A-11 at his d-- ..y 1— .11 p- 1�1 pd., I PIIII -11 pilft-d -y ly ­,- bi-ba, - pill.", I-- -MIffil, p II I. Lill � e d..,,g '�Il Pit P.b h.- Ih the lepth Mpit eli, d:==M' bell ro nka. The d E-1- d, - MbIl 1, 8 d.pth bi,nelldh .11 pe--1 g- n-1 fl-, iel MA, A these areas All --dib,4 lid .,j Ill E-IIA .l.vatetl of tram d, ­ -I I. be -dild - be.,- bI ce at filill 9.- .-Mlidt by E.- - ;zli liAt p-.,-, M.1 1) 5 libli, ­ ­0 S.R I F 1y - -Ing -111 .1M pill at 111, - I. AN. -1.1 - N. R,A- pillild Fi_ gl� t=.tdh I Rk., col -A 1. 9- ...th d-n .11 p.ana IMA., fill in M In - .1 -qu- finish g- R.'MA nM­ It.1 I-bidl ­ d-, bI M. III, ind ill by 1. IbId­ 1-11 It ­- -==n," d hIdl At I .1=wean , p11- - P., t M-ng Z "..d 'l=.idM-=IR .1-MA, ..It ey min rare__l p1l ce pane g- AId �l n.1. salR-1 ul dumb -c! NI = 'f'ZfMdl = Z61" cede""' b d =.�,N- ­111­19--p-Af it I - I .111.11 M. enl,,e b-I., _=i-n- 111 ­Md thi, Mill tg 9, All III ..-d- A, =.d`b!,Fp:-'- --ill 14 1114 -b-n. P­d - T.- ill . -A I me sans Mj- lbA,.9 AI I- I -ly I anarympl P-1.1ml-f-I-1--ind ilt Il fpl_ vea by me Lanawape It. III ppl, I IA 1h. g-I -.'d I... III E�119 ARM 111 J- I 5M F'" SilAt AM ­1 d I. t - RM,dtAl .. di dl..­ 5 Ill MI, 1 ON S'F. -d Atm m.d as .-I It. (E) th.n- remove an .11L "=d If -Almass l 1hnI1 1.1mco miler. 1, :7h1.1h1.1.1d1h1lI I f All El enereerea ab me 1, Phil "ItI.- -I., , ..seenI. MAi.d . enure 1...1., .1 . -M ill n. d.1dd,. mean - Ind,- C-m- 1.11 111 All , ­b.d -Al III fAM.1y ­1- 1 p.- My,g d III -A, a,d bI P­1 Abibli,h-t bip M.- in., ll.,11 Th,I I d .S A- -) R,­ -1 1,d III Id.lil (M. s_ p..I-, 11 nP.-blIftl dIl krmme.-PlamemwM1akver P-- con es the:tfT--.��.-d Mb .It - meek I. growth --la dft- -1,d AI=d. 11"=-.d i.A b. Mamlbn -I, a .- -d- - .1, -11 pacement. AIy � ffi.t M. d- - I I. -- Red I P_ P-bM1ln­bA-A" _h AM g AI;V All ce -d wen ,ht III. .1b, I ensure contact wim subgam,unaemiryana bill too 'n t I. TIA Ad I- 111, 3.1 t ­1 11ipp.M,. - -11 RI AllAd AM t2 IdAk_ Mi, _II':1 p- Sl=.. 1.11 M, A.- I M.11 I -ghly AM Ine ly H- A I h- b-, X,llh:1.d= .1nu- unIl 11 ­iAll-I f I-.- Wl All .1 di-M, th. b.=l,-i1ilSM--AMlIw..db,d DiIMA-u--m,l1i,A1y-. d 1. -diMl 0.0 9 -R-1 h- .1 R- Twelve I.&Pa d- un<ompedearo 0 =.b=rd -di-d.-,VMd,n1­1- NATIVE AREAS SH- NOT th-ur,g .' .-In' W-81 IM GARY K WEBS; ASSOCIAM, IN wroeunnuwo 6306667191 LENIMA 1141 E. MIN ST. #IN - IIIAME IL0118 DATE II -I P-ECT NO. LN11 SHEST NO 30F4 1. GENEIRAL SPECIFIClTIONS CONTINUED em pet end 1-1 ..N l­ wmge ii,be p­1 . T:� Tall, W.,sees. F., ...dalmm - . at I Ai,d .1l exweae 1.(5) miles pil-1, Eq,i­ lh..%b�� PilAa d a ion or ma ras« glil-Alb-pit., li,ldi,g dlptl lt 0 25 - ll. H� - ­­ - .1- 11,1-110=lee .ti ..It 1. by 1dillll aliwill.. ii--PlVil I E =z ng t 1win an appmvee type .1 r I=­p'm t ighMlAJI an ponce -pP- St. -d III, ii k.,N.,aba1­Ao,ll ..P1­Aa.lAlh.fi­VP­d.,t11I ­1A,I b HaVi.lil-r. pil-l-, .., Ihi, ane ant of d: I. hill ­PNV. by th 1-pi, ­­ P tyro d­ p-... d­nece es . .1 - p.a I liewe. k q W1 ­ _dt.g = d H.Tiiiii thita bitN­ (it p.liblia, P­ I Ht, erm«tea w,mm me r. -all, ii, -U. .-I la- Pill E_ relive .11 rilbill g.pi,g. I pa.g, ­p a.... =27T.7 H I. pild.. l lhl, fliald .1 .1. I.d..Idy -1- ly g.- .1 oat . q­ IN ---pi, peso. Slit rain ­ld ­­ I - .1 Ill. I ­­ 11. Lane pit A-11 q.i. .­ Sildbi, 1 3 (AP13) ll,abid t, IIpnes bill ­�Im. All - ,tli� il,al I ab. l,­ af ­q 9 dli,- stumps Al .4 qlf­�­ltilay ­ ­g, - l A ..pply d thil.1.1 ---a bit ki,pt -al EPSK ­11 bii P­y ­ild p - ­Ii,d pla-Ill b.=,, beta..d ME— (Malml SVIA, till .11 alLA d-9 ­PMV, gm IS llll.. height by A1, (12) Ill.. d.b- 1.1 :-Mg ,lit P.11 bL1 b`b d_1=1 =:g111 aze piP.­ sM1 is rcMremwea tom me sin retlwrman bursas. no reso-mb. of lapsemon2I bA d L, Meadow species 4.) pit ana bonomsdew a sins win ova E=1.ld.bg:,:l,d illb,g Wla, q­­ro ­ p-le- P-bld ....... -I.d., b. ..I III Ull"V. d, in ilialig Zitl�. V,� I- ­ 2 4C) P­W pr­ I h.ad ­. S­ -D B-12 ri-d ­ tVp .111 I.t P.ilia, Ill .11 - bl, d­ rb­ with pp -la .1--pit ­11, d.m.E. d.H.. -1, ­8Z �N, 1H. Affal, N I,—9. ­ C-lb, AS Ill, bal fl,, bill. I A-d -- . the aandadlor I m. "'"' ` 9 """, d-.9ild At C.-l- pi-ii.. stating al- d .1ar - .,-- Pr oar (41 an recfs,smnes, g- P111 b.' il P.'. 2.`1 a I Tree J, R­ =1. p..,.d ..it l.d 11,­ Alp t- (2) 1 .11Y spread .., 1b. -1ne area deem tree bZ,1:td.a.1,-b=. " "il I T-ghly eren iii.l., O­Ala G..Ail, ­1 F­ - G.lid­ App (1).­ ­y plAld . all .1. "1 bld 11,19, Ilp-, -I Ild Pil g 1-ii biii,­ .1 d­Mrganang, I. p­­ to natureI maremer lipp.phlitt, to the re illid I- Alal P. Phial All L. 0- =110 ,-,i1_1l . al . .-I.,lillidill,­ - A-. tStbI . . P am in accomance wan stanaam d g-itil - pl,­g ...-g 114 11 � d IIA pruning IAID. P­ ­pply pater P, =I p. 11. Ill p­ all �I,tA, a St. A-1 .1 l I g meow. ­h­ I,— p d- ias M d ii, N: =ph:Sb:bb Al I ti .11i, ­P­ gThl Lt.d­ L­ ­11 pi,all - pl,p.1y � al� 1. -ilk A h, Thii ­d­ C­­ ­1 bi, -dy i-p-L. �, ll d...g. d , ft ­d­ b � =N ­,', ...... pb­ ri-I., ....... - I P-lVil, ftda;.111 �"=y emNln Aft H� I-l-pi, 1. HA tl 1, dFiria At Ill, P-1 pmviaed mat ao p.m.. l. Ail - il ....q f., A,P­ Ho- Ill. ­j.t aria-l.b. an M-dirg all PI ­g win the planting A, =.rliln d to pm)ll I. wmgem ana airAAh preliminary nolay the County upon con etl. otdanfnga. mil owners I. I Sp calka All 1­1 tH. 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LN11 ..EST Al 40F4 EXHIBIT E Marketing Signage r2 d-LIP - Rd' Temporary subdivision advertising signs (Par. 14) A 0 eqa� T -;0 EXHIBIT F Offsite Weekend Directional Signage LEGEND LAKES low `r Ir,' TOWNHOMES r y ��- - _ EXHIBITLEGEND WEEKEND SIGN rl 1a -" rt- - LOCATION WITHIN CITY LIMIT - ARROW"` "PAIR OF IF O, y. _ Z �,ol Rd _ .� �—� F • _!_ ears 5t � i � � �',f y '�1, •. �. , FE r 0Ra'�q McHenry +- ZV co f] �I _ _ _ O _ - - -Bull Valley, s f -Mason-Hill-Rd?' tL ` V. W CD A — A. Google Earth c 2018 Google'"� # 2 till: Legen Legen Legend Lakes in McHenry Lakes in McHenry Lakes 325 Tralee Ln. 41 ME � McHenry Il. DIMENSIONS: 24"Wide x 42" High HOURS: 6PM FRIDAY TO 6AM MONDAY EXHIBIT G Building Fees* (* As of date of Agreement) EXHIBIT G (As of Date of Agreement) LEGEND LAKE TH BUILDING/IMPACT FEES ESTIMATE TYP. FEE AMOUNTS SAMPLE 2 BR SAMPLE 3 BR SAMPLE SF (VARIABLE) BEDROOMS 1,600 1,750 2 3 Build Permit Fees Build Permit Fees Building Fee (Variable @ $0.25/ft) $ 375.00 $ 437.50 Plan Check Fee $ 80.00 $ 80.00 Plumb. Inspection $ 84.00 $ 84.00 Plumbing (per Building -$28, $7/unit, 4 unit bldg.) $ 7.00 $ 7.00 Water Connection $ 250.00 $ 250.00 Sewer Connection $ 250.00 $ 250.00 Water Meter ( 3/4" meter) $ 225.00 $ 225.00 Build Permit Summary 1,271.00 $ 1,333.50 21311 3BR CAP DEV FEES Water Cap. Dev. (FIXED 5 yr+) $ 2,361.00 $ 2,839.00 Sewer Cap. Dev. ( FIXED 5 yr+) $ 2,805.00 $ 3,437.00 IMPACT FEES School District Cash Contribution $ 715.00 $ 1,376.00 Library Impact Fee $ 356.00 $ 356.00 Fire Impact Fees $ 356.00 $ 356.00 Park Impact Fee $ 2,388.00 1 $ 2,870.00 Impact Fee Summary 8,981.00 $ 11, 234.00 Total Fee Summary $ 10,252.00 $ 12,567.50 Staff Report for the City of McHenry Planning & Zoning Commission Petition: Z-979 Address: Legend Lakes - Neighborhood 1 Hearing Date: December 23, 2020 Applicant: CalAtlantic Group, Inc., of 1141 E. Main Street, Suite 108, East Dundee, IL 60118 Site Information: The Subject Property consists of 6.359 acres, more or less, and is located east of Request: Approval of a Final Plat of Subdivision the intersection of Draper Road and Curran Road for the Legend Lakes - Neighborhood 1 Resubdivision. 7 ja t� gr--E oper Aerial 250 500 1,000 F Zoning Map Current Zoning RA-1 Attached Residential RS-1,r R Rs" Zoning Districts E Estate RS-1 Low Density SFR RA�1 I= RS-1A Medium Low Density SFR RS-2 Medium Density SFR RS-3 Medium High Desnity SFR �' ' is RS-4 High Density SFR RA-1 Attached Residential a° D ®RM-1 Low Density Multi -Family _ RM-2 High Density Multi -family MU Mixed use C-1 Convenience Commercial tia C-2 Neighborhood Commercial C-3 Community Commercial R C-4 Downtown Commercial RS`; I RA-T- C-5 Highway Commercial BP Business Park R3-2 R3 2 I-1 Industrial 0-1 Local Office 0-2 Office Park IDD Integrated Design RS-2 Fee HC Health Care A-M Agriculture and Mining Overlay 500 1,000 2,000 A-1 Agriculture Future Land Use MapDesignation: City of McHenry Future Land Use Map Agricultural Environmental Corridors Environmental Corridors/Low Density Residential Agricultural Agricultural FutureLandUse Low Density Residential Commercial Estate Low Density Residential Residential Environmental Corridors Medium -Density Residential Parks and Conservation Area Parks and Water Low Conservation Agricultural Area Density Residential Institutional High-Denisty Residential Agricultural Estate Residential Low Density Office Low Density Residential - Municipal Residential Integrated Design District 5n irr-es; Fsii. HFRF. Ga nir:, FACI, NOAA. USG5, Industrial Environmental Densi Fee Business Park Corridors 500 1,000 2,000 Other 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 petitioner, CalAtlantic Group, Inc. (Contract Purchaser), is requesting approval of a Final Plat of Subdivision for the Legend Lakes — Neighborhood 1 Resubdivision. The proposed 6.359-acre development consists of 13 single-family attached residential townhouses, with 4 dwelling units in each building, for a combined total of 52 dwelling units. The subdivision was part of the original Legend Lakes Subdivision — Neighborhood 1 approved by City Council in 2006. The proposed resubdivision is to allow the petitioner to sell the townhome units for 'fee simple' ownership as opposed to condominium ownership. Post -recession financing for condominium developments is challenging for both developers and potential buyers seeking a mortgage. Fee simple ownership would require each dwelling unit within a townhome to be platted individually upon completion of construction. Because the subdivision involves lots or blocks greater than 1 acre, it is not exempt from the Illinois State Plat Act and therefore is required to have a public meeting. The development is further complicated legally because 765 ILCS 605/25 (Illinois Compiled Statutes) places a statute of limitation of ten years to allow additional condominiums to be added onto a condominium development after the official recording of the declarations. The ability to add additional condominiums to this development expired in 2016. The developer is therefore required to create a new homeowner's association. The Subdivision Control and Development Ordinance requires Final Engineering Plans to be submitted. Because the development is not changing the overall layout and number of buildings, the development will reuse the prior approved Final Engineering Plans for the Legend Lakes Subdivision — Neighborhood 1. The development will also be reutilizing the existing special service area (SSA#3). Please see below for staff's assessment. CITY OF MCHENRY ORDINANCES • The petitioner must comply with Title 12 — Subdivision Control and Development Ordinance of the City of McHenry. STAFF ANALYSIS Current Land Use & Zoning: RA-1 (Vacant Undeveloped) The subject property is zoned RA-1 Attached Residential District and is currently vacant. The primary concern regarding the proposed development is the sharing of common areas. The petitioner is actively working with the existing Legend Lakes Homeowner's Association regarding a cross easement and cost sharing agreement. The developer has informed staff that the HOA has signed the agreement and will be provided prior to the meeting. Future Land Use Plan Recommendation: Low -Density Residential (1-4 DU/Acre)/Environmental Corridor The proposal is approximately 8 dwelling units per acre which is classified as medium -density residential according to the Future Land Use Plan. The development does not comply with the Future Land Use Plan recommendation for low - density residential (1-4 dwelling units per gross acre). The existing subdivision has occupied the site for over a decade. Staff does not believe the new development will create any adverse long-term impacts on the surrounding properties. Comprehensive Plan Objectives and Policies Overall, staff believes the proposed development is consistent with the City's Comprehensive Plan objectives and policies. Staff comments italicized. • Growth, Objective — Encourage and guide responsible development throughout the City. o Policy — "Promote development that blends with existing development in the area especially if located within a unique sub -area." (p. 29) ■ Approval of the applicant's request would promote the preservation of the existing townhome subdivision. The materials and color scheme are nearly identical with only slight alterations to the architectural features of the buildings and landscaping composition. Staff believes the proposed townhome development will blend in substantially with the existing area. STAFF ASSESSMENT Approval Process: The proposed subdivision is a continuation of the original Legend Lakes Neighborhood 1 Subdivision with slight modifications to landscaping as well as architectural features. A new subdivision is required due to two underlying circumstances: 1) Illinois Compiled Statutes provides a 10-year statute of limitations for condominiums to add on additional property from the date of recording of the condominium declarations; and 2) The original platted condominium plat did not subdivide the underlying land the townhouse buildings occupied and therefore will need to receive subdivision approval by the city. Existing/Proposed Layout: When compared to the originally approved plat of subdivision, the resubdivision plat is identical in terms of building layout and positioning. The large difference is the lot lines have been revised to reflect the existing subdivision. Staff can only speculate as to why the existing layout of the subdivision does not match the originally approved plat. Staff believes this may be the result of the fallout of the'07/'08 housing crash. The primary concern staff has with the development is the ability for the new residents to access the common areas. The petitioner has informed staff the association is very amenable and are in the process of signing a cross access agreement that involves cost sharing of maintenance responsibilities. Existing/Proposed Landscaping: The original Legend Lakes Subdivision Landscaping Plan calls for a "...design that provides for effective screening of parking areas, utilities, and service areas..." and "...will reduce the possibility of negative visual impacts when viewed from major adjacent streets." (p.39) A comparison of the two building perimeter foundations and overall streetscape plantings have been attached to the staff report for the Commission's review. Although there is no requirement for building perimeter landscaping in particular, it is important for the proposed development to not conflict with the existing neighborhood character. Overall, staff is satisfied with the building perimeter landscaping with a minor exception regarding the proposed tree count see table below. Original Legend Lakes Subdivision Proposed Staff Comment Trees 4 — 3" caliper shade tree per 4 — 3" caliper shade tree per The petitioner may wish building; building; to consider adding an 4 — 6' ornamental or upright 3 — 6' ornamental trees per additional ornamental evergreen tree per building building; tree, specifically between buildings. Common Area: The original Legend Lakes Subdivision Landscaping Plan identified a common area between the existing and proposed subdivision. The common area was never completed and it is unclear who will be responsible for planting said common area. Staff is recommending a condition be added that the property owner work with the existing homeowner's association to complete the installation of the landscaping within the common area. Closing Remarks: Staff believes the proposed subdivision is in substantial conformance with the Subdivision Control and Development Ordinance. The development review process has involved many conversations between the City's Attorney and the Developer's Attorney to determine what is statutorily required. Staff does not object to the petitioner's request and recommends approval. If the Planning & Zoning Commission Agree with Staff's Assessment, then the following motion is recommended: Motion to approve the Final Plat of Legend Lakes — Neighborhood 1 Resubdivision subject to the following conditions: 1. All development shall be in substantial conformance with the submitted Landscape Plan and Building Elevations. 2. The proposed landscaping shall include one additional 6-foot ornamental tree in between each building and a minimum of three additional street trees in the right-of-way on the north side of Carrick Lane just south of NEA 29. (Optional Staff Recommendation) 3. All other federal, state, and local laws shall be met. Proposed - Building Perimeter Landscaping TYPICAL FOUNDATION LANDSCAPE PLAN Original —Building Perimeter Landscaping (does not include trees see page 3) A. A•1 IN i &M11Stwile ` S-7d45' &-'•"Fp • 1 614 ihW A, LS 3iwul �-IIYif ���y1—A•o-tea t.1.3 d•iM k-714 J4b1% Pk ■.SFO! A+11 . WOO Mi SfIJ �, 7 YIIiR a •!ate k.*.die F •x w . 4•iWL •j.2m ■Y-MMKW Legend Lakes Resubdivision Landscaping Plan. (Includes building perimeter landscap- ing) Original Legend Lakes Landscape Plan (does not include building perimeter landscaping) 11 For F PLAT/DEVELOPMENT APPLICATION City of McHenry 333 South Green Street c McHenry, IL 60050 n Tel: (815) 363-2170 a Fax: (815) 363-2173 CalAtlantic Group, Inc 1. Name of Applicant es Tel 224-293-3115 Address 1141 E Main Street, Suite 108, East Dundee, IL60118 Fax 2. Name of Property Owner TRG Venture Two, LLC Tel 816-691-8081 (If other than Applicant) 22 E• Scranton Ave, Lake Bluff, IL 60044 Address Fax 3. Name of Engineer Mackie Consultants Tel 847-696-1400 (If represented Address 957 W. Higgins Road, Suite 500, Rosemont, IL60018 Fax 4. Name of Attorney Thomas Burney Tel 815-459-8800 (If represented) 40 Brink Street, Crystal Lake, IL 60014 Address Fax 5. Common Address or Location of Property Various, See Exhibit B for list of addresses G. Requested Action Preliminary Plat Final Plat Development Provide a brief description of the Requested Action. For example, indicate the number of lots and the type of subdivision (single -fancily, townhome, commercial, industrial, etc.) or include a description of the development project: Petitioner requests approval of "Legend Lakes - Neighborhood 1 Resubdivision. This is a resuhdivision which provides for town home ownership for the remaining homesites at Legend Lakes Unit 1. This resubdivision allows for "fee simple" ownership of the town homes rather than "condominium ownership" as provided in the original Plat. Building separation standards and setbacks to the ROW are maintained. FORM F Page 1 of 3 7. Current Use of Property These are 13 vacant townhome sites previously developed as part of Legend Lakes, Unit 1 S. Current Zoning Classification of property, Including Variances or Conditional Uses RS-1 Zoning. This is Unit 1 of Legend Lakes 9. Current Zoning Classification and Land Use of Adjoining Properties North: RS-1, Agricultural use South: E, Agricultural use (City Parcel) East: E, Agricultural use West: RS-2 City of McHenry Residential.) McHenry County E11A11, Misc. residentiallag 10. Required Attachments - Please refer to the attached checklist. 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee, Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owners). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shaved by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. FORM F Page 2 of 3 12, Certification T hereby certify that I am aware of all code requirements of the City of MaHenjy that relate to this property and that the proposed use or development described in this application shall comply with all such codes, I hereby request that the City process this application in accordance with the codes and ordinances of the City. Signature of Applicant(s) Print Name and Designation of Applicant(s) Richard L. Murphy Agent for Applicant 6eigl9aF Ilames/CaIAtlantic Group, Inc Contract Purchaser FORM F Page 3 of 3 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FOR: January 18, 2021 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Z-978 a Zoning Map Amendment, Conditional Use Permit, and Zoning Variations to Accommodate an Automobile Fueling Station with Drive-Thru Restaurant at 5520 W. Elm Street ATT: 1. Unapproved Planning and Zoning Commission Minutes dated August 19, 2020 2. Ordinance granting a Conditional Use Permit for 1302 Borden Street 3. Planning & Zoning Commission Staff Report 4. Application Packet AGENDA ITEM SUMMARY: Graham Enterprise, Inc., (Property Owner) is requesting approval of a Zoning Map Amendment from the C-2 Neighborhood Commercial District to the C-5 Highway Commercial District, a Conditional Use Permit to operate an Automobile Fueling Station and future Drive-Thru quick service restaurant, and various Zoning Variances including but not limited to site lighting, building perimeter landscaping, and any other variances required to effectuate the proposed gas station and convenience store with a drive-thru car wash located on the northeast corner of IL-120 and Ringwood Road. The Planning & Zoning Commission met on December 16, 2020 and unanimously recommended approval subject to the following conditions: 1. The property owner shall work with the school district to determine where a pedestrian crossing or other on -site amenity is required to provide improved pedestrian access to the convenience store. 2. The property owner shall revise the proposed future quick service restaurant site plan to include a sidewalk along the west portion of the building to be approved by the Zoning Administrator. 3. The property owner shall design point(s) of access along Ringwood Road/Elm Street which shall be reviewed and approved by the Director of Public Works or Staff Engineer. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 4. The proposed development shall be constructed to be in substantial conformance with the plans submitted and with the revisions outlined as presented and amended. 5. All other state, federal, and local laws shall be met. The petitioners will return for any sign variations required during the building and permitting process. ANALYSIS: Overall, City Staff and the Planning & Zoning Commission were supportive of the proposed development. The petitioner is contesting City Staffs and Planning & Zoning Commission's recommendation for a single point of access along Ringwood Road. The Staff Engineer's memorandum dated 12/30/2020 that recommends the single point of access and has been enclosed for Council's review. See attached staff report for more in-depth analysis of the proposed development. RECOMMENDATION: Therefore, if the City Council concurs, it is recommended that the attached ordinance granting a Zoning Map Amendment, a Conditional Use Permit, and Zoning Variations to Accommodate an Automobile Fueling Station with Drive-Thru Restaurant, located at 5520 W. Elm Street, be approved, with the identified conditions. (Mayor and City Council vote -simple majority). 1 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Unapproved Planning & Zoning Commission Minutes from December 16, 2020 Public Hearing: Graham Enterprise, Inc. Z-978 5520 W. Elm Street Zoning Map Amendment, Conditional Use Permit, and Zoning Variations to Accommodate an Automobile Fueling Station with Drive-Thru Restaurant Chairman Strach called the Public Hearing to order at 7:08 p.m. regarding File No. Z-978 an application for a Zoning Map Amendment to C-5 Highway Commercial District, a Conditional Use Permit to operate an Automobile Fueling Station and future Drive-Thru quick service restaurant, and various Zoning Variances including but not limited to site lighting, building perimeter landscaping, and any other variances required to effectuate the proposed gas station and convenience store with a drive-thru car wash at the property located at 5520 W. Elm St. In attendance were: 1. Chris Kalischefski and Heidi Lapin, WT Group, Architect, 2675 Pratum Ave., Hoffman Estates, IL 60192 John Graham and Brian Wente, Graham Enterprise, Inc., 750 Bunker Ct, Vernon Hills I L 60061 3. Way Aboona KLOA, Inc., 9575 W. Higgins Rd., Suite 400, Rosemont, Illinois, United States 60018 who were sworn in. Mr. Kalischefski stated he is making this request on behalf of Graham Enterprises for improvements including the construction of a new 6,057 SF Convenience Store with attached 1,650 SF Quick Service Restaurant, auto canopy, commercial canopy, 8,298 SF Car Wash, landscaping, and associated site work. The site is currently zoned as C-2 Neighborhood Commercial District and they are requesting rezoning to C-5 Highway Commercial district to allow a car wash, a conditional use permit for fuel sales, and a variance for landscape foundation plantings and signage and site lighting. Design will be similar to the one at Crystal Lake and Bull Valley Rd. and safety and convenience will be priority in all aspects of the project. This site will technically be three businesses which is the request for a sign 2 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org variance but they are asking for only 38% of what would be allowed for three separate businesses. Five of the signs are purely directional to add to the safety of the property. They have made amendments to the original plans submitted based upon staff comments by updating the truck exit to be left turn only and adding a bike rack to the right of the C-Store and a sidewalk and crosswalk to connect the C-store to the sidewalk along Ringwood. They stressed from their viewpoint for the success of the business, it is imperative to separate the CFL traffic from auto traffic the same as was previously done for the two Speedways previously approved by the commission. They presented updated plans and fully explained the nature of their request. City Planner Sheriff gave the Staff Report stating Graham Enterprise, Inc. is requesting approval of the zoning items and are proposing a two -phased development project with Phase 1 being construction of a 5846 square foot Convenience Store with 9 fuel pumps, and a car wash and Phase 2 the Addition of a 1650 square foot Drive-Thru Quick Service Restaurant. Planner Sheriff stated after receiving the revised site plan from the Petitioner that were also presented in the meeting, Staff is revising its recommendation and recommending approval of the Building Perimeter Landscaping. Planner Sheriff also clarified sign variances are voted on by City Council rather than the Planning and Zoning Commission thanking the Petitioner for explaining their sign variance request and stating that would not be voted on at this meeting. Planner Sheriff explained the original gas station on the subject property was annexed and granted a conditional use permit in 1989. The proposed development is in substantial conformance with parking requirements. The subject property is zoned C-2 Neighborhood Commercial District and is currently vacant. The site is separated from Parkland Middle School by a 142-foot parcel owned by the school district. The subject property operated as a gas station with a car wash for approximately 15 years. He opined traffic generated during school release times is an issue which causes many cars to back up onto Ringwood Road. Planner Sheriff clarified Staff has actively worked with School District 15 in discussions to remediate the traffic flow issues generated by the Middle School. The future land use map recommends commercial use on the west half of the subject property with office use on the east half. Although partially in compliance, office space demand has significantly declined in recent years as work from home arrangements have become more accepted. Overall, staff believes the proposed development is consistent with the City's Comprehensive Plan objectives and policies. 3 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Staff believes the C-5 Highway Commercial District is an appropriate zoning designation given its proximity to IL-120. Staff does not object to the petitioner's request and recommends approval of the zoning map amendment. Both Gas Stations and Drive-Thru restaurants are a permitted conditional use within the proposed C-5 Highway Commercial Zoning District. Staff does not believe that approval of the request would create any adverse impacts on the surrounding properties. The proposed future drive-thru quick service restaurant is another automobile oriented use which is appropriate being located on a state highway. However, staff did have several concerns with the overall site plan and the City's Staff Engineer recommended the petitioner revise the access off Ringwood Road to a single access point. Planner Sheriff stated Staff's primary concern is the ingress/egress off Ringwood Road but if the Petitioner feels it is needed the hearing may need to be tabled to allow staff more time to research the request. The petitioner is requesting approval of several zoning variations to building perimeter landscaping, bicycle parking and lighting. Staff originally recommended the petitioner comply with the Ordinance on building perimeter landscaping or be prepared to justify the hardship, compliance with the bicycle parking ordinance, and approval of the lighting variance requested as presented. Staff has changed their original recommendation and is now recommending approval of the landscaping request and the zoning and parking requests. Chairman Strach opened the floor to questions and comments from the commissioners. Commissioner Walsh thanked the petitioner for a thorough presentation and asked for clarification on traffic westbound on Elm Street turning in to the property in regard to traffic flow and northbound on Ringwood in regard to ingress/egress for the two-way entrance. Clarification was given. Commissioner Thacker inquired if anyone from school district 15 had contacted staff or the petitioners with concerns. Planner Sheriff answered he has not heard from anyone on this project in particular other than to work together to configure the property to limit the flow to traffic backups . Chairman Strach stated Mr. Graham has worked with the school district to make a land swap in order to resolve some of the traffic issues involved. Mr. Graham further explained they have already worked through the land purchase to effectuate making the site plan workable as presented. 4 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Commissioner Doherty opined a left hand turn out onto Ringwood Rd will be very difficult. He asked if a sidewalk has been included all the way around the property to the North and the East. Mr. Kalischefski answered affirmatively and in further response to Commissioner Doherty responded that it will be a 24-hour facility and it is their intention to include gaming. Commissioners Gurda, Sobotta, and Lehman had no questions. Chairman Strach opened the floor to questions and comments from the public. There was nobody in attendance who wished to address the Commission with public comment. Chairman Strach closed the public comment portion of the hearing at 7:45 p.m. Motion by Gurda seconded by Lehman, with regard to File No. Z-978, to approve the petitioner's request to rezone the subject property from the C-2 Neighborhood Commercial District to the C-5 Highway Commercial District and by making said motion, we agree with staff's assessment as outlined in the staff report that the approval criteria for Zoning Map Amendments have been met. Roll Call: Vote: 6-ayes: Gurda, Lehman, Sobotta, Strach, Thacker and Walsh. 0-nays, 0- abstained, 0-absent. Commissioner Doherty recused himself from voting on this hearing due to a conflict of interest. Motion Carried. Motion by Lehman seconded by Gurda, with regard to File No. Z-978, to approve the petitioner's request for a Conditional Use Permit to allow an automobile fueling station and future drive-thru quick service restaurant on the subject property subject to the following conditions, as amended: 1. The property owner shall work with the school district to determine where a pedestrian crossing or other on -site amenity is required to provide improved pedestrian access to the convenience store. 2. The property owner shall revise the proposed future quick service restaurant site plan to include a sidewalk along the west portion of the building to be approved by the Zoning Administrator. 3. The property owner shall design point(s) of access along Ringwood Road/Elm Street which shall be reviewed and approved by the Director of Public Works or Staff Engineer. 5 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 4. The proposed development shall be constructed to be in substantial conformance with the plans submitted and with the revisions outlined as presented and amended. 5. All other state, federal, and local laws shall be met. AND by making said motion, we agree with the staff's assessment as outlined in the staff report, as amended, that the approval criteria for conditional uses has been met. Roll Call: Vote: 6-ayes: Gurda, Lehman, Sobotta, Strach, Thacker and Walsh. 0-nays, 0- abstained, 0-absent. Commissioner Doherty recused himself from voting on this hearing due to a conflict of interest. Motion Carried. Motion by Thacker seconded by Walsh, with regard to File No. Z-978,. to approve the petitioner's request for a zoning variance to allow 69 foot candles under the canopy and 12 foot candles in the west parking lot area AND by making said motion, we agree with staffs assessment as outlined in the staff report, with amendments, and that the approval criteria for Variances have been met. Roll Call: Vote: 6-ayes: Gurda, Lehman, Sobotta, Strach, Thacker and Walsh. 0-nays, 0- abstained, 0-absent. Commissioner Doherty recused himself from voting on this hearing due to a conflict of interest. Motion Carried. Chairman Strach closed the Public Hearing regarding File No. Z-978 at 8:00 pm. 0 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 21- AN ORDINANCE GRANTING A ZONING MAP AMENDMENT, CONDITIONAL USE PERMIT, AND ZONING VARIATIONS TO ACCOMMODATE AN AUTOMOBILE FUELING STATION WITH DRIVE- THRU RESTAURANT AT 5520 W. ELM STREET. WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by Graham Enterprise, Inc. ("Property Owner') requesting approval of a Zoning Map Amendment from the C-2 Neighborhood Commercial District to the C-5 Highway Commercial District, a Conditional Use Permit to operate an Automobile Fueling Station and future Drive-Thru quick service restaurant, and various Zoning Variances including but not limited to site lighting, building perimeter landscaping, and any other variances required to effectuate the proposed gas station and convenience store with a drive- thru car wash for the property located at 5520 W. Elm Street and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on December 16, 2020 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Zoning Map Amendment, Conditional Use Permit, and Zoning Variations; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit, Zoning Map Amendment, and Zoning Variations are consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a Zoning Map Amendment from the C-2 Neighborhood Commercial District to the C-5 Highway Commercial District. 7 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org SECTION 2: In granting said Zoning Map Amendment, the City Council finds that the Approval Criteria for Zoning Map Amendments listed in §11-5-5 of the City of McHenry Zoning Ordinance have been met. SECTION 3: That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit to operate an Automobile Fueling Station and future Drive-Thru quick service restaurant subject to the following conditions: I. The property owner shall work with the school district and the City to determine where a pedestrian crossing or other on -site amenity is required to provide improved pedestrian access to the convenience store. 2. The property owner shall revise the proposed future quick service restaurant site plan to include a sidewalk along the west portion of the building to be approved by the Zoning Administrator. 3. The property owner shall design point(s) of access along Ringwood Road/Elm Street which shall be reviewed and approved by the Director of Public Works or Staff Engineer. 4. The proposed development shall be constructed to be in substantial conformance with the Site Plan ("Exhibit B") and Landscape Plan ("Exhibit C"). 5. All other state, federal, and local laws shall be met. SECTION 4: In granting said Conditional Use Permit, the City Council finds that the Approval Criteria for Conditional Uses listed in §11-15-5 of the City of McHenry Zoning Ordinance have been met. SECTION 5: That the SUBJECT PROPERTY is hereby granted approval of the following Variances: 1. Variation to allow the installation of 23 lineal feet of building perimeter landscaping in lieu of the required 13.5 lineal feet on the east and west building perimeter and 32 lineal feet along the south building perimeter as identified in Exhibit C. 2. Variation to allow the gas station canopy 69 foot-candles of illumination in lieu of the maximum permitted 40 foot-candles. 3. Variation to allow the parking lot 12 foot-candles of illumination in lieu of the maximum permitted 10 foot-candles. 4. All other variations necessary to accommodate the development and to be in substantial conformance with the Site Plan (Exhibit B). !3 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org SECTION 6: In granting said Variances, the City Council finds that the Approval Criteria for Variances listed in §11-19-5 of the City of McHenry Zoning Ordinance have been met. SECTION 7: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 8: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Alderman Devine Ayes Nays Absent Abstain Alderman Glab Alderman Harding Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Trisha Ramel, City Clerk 7 cHen r Department of Community Development McHenry Municipal Center Exhibit A Legal Description of the Subject Property 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org LOTS 1 AND 2 IN AMOCO M-2 SUBDIVISION, (EXCEPT THAT PORTION OF LOT 1 TAKEN BY THE DEPARTMENT OF TRANSPORTATION IN CASE 02ED26 AND EXCEPT THAT PORTION OF LOT 2 CONVEYED TO MCHENRY COMMUNITY CONSOLIDATED SCHOOL DISTRICT 15 BY DEED RECORDED AS DOCUMENT 2001R001714) BEING A RESUBDIVISION OF LOTS 5 TO 9, BOTH INCLUSIVE, IN A. M. KAUFMAN SUBDIVISION OF PART OF THE WEST HALF OF THE NORTHEAST OF SECTION 28, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID AMOCO M-2 SUBDIVISION RECORDED SEPTEMBER 22, 1989 AS DOCUMENT 1989RO31816 IN MC HENRY COUNTY ILLINOIS. ALSO THAT PART OF LOT 2 IN AMOCO M-2 SUBDIVISION, BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO. 1989R0031816, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2, THENCE NORTHWESTERLY 306.20 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 2, BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 3759.80 FEET, A CHORD BEARING OF NORTH 69 DEGREES 39 MINUES 33 SECONDS WEST, A DISTANCE OF 306.12 FEET TO THE SOUTHEAST CORNER OF LANDS DESCRIBED IN DOCUMENT NO. 200913002331; THENCE NORTH 00 DEGREES 30 MINUTES 47 SECONDS EAST, ALONG THE EAST LINE THEREOF, 253.04 FEET TO THE NORTHEAST CORNER THEREOF; THENCE NORTH 65 DEGREES 21 MINUTES 22 SECONDS WEST ALONG THE NORTHERLY LINE THEREOF, 318.44 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 00 DEGREES 33 MINUTES 56 SECONDS EAST ALONG SAID WEST LINE, 46.79 FEET TO A LINE 136.14 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 2; THENCE SOUTH 72 DEGREES 53 MINUTES 20 SECONDS EAST ALONG SAID PARALLEL LINE, 604.24 FEET TO THE EAST LINE THEREOF; THENCE SOUTH 00 DEGREES 35 MINUTES 48 SECONDS WEST ALONG SAID EAST LINE, 361.24 FEET TO THE PLACE OF BEGINNING, IN MCHENRY, ILLINOIS. 11 cHe r Exhibit B Site Plan 12 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org DRAWING INDEX TIME TRIO GEI RINGWOOD MCHENRY NEW C-STORE AND CAR WASH 5520 W ELM ST McHENRY, ILLINOIS GENERAL BUILDING INFORMATION 201, GE EMTR AMEuoMENTsr "MT.AM—.EUTs) E�°GEITRANSIl"ENTS1 TRAMErvoMEUTs) i 1 [RGI—SER-P..coGEI.— Ts oE,w rva ErvGME Ts) �iN:eRu 'n AL11ETM oErwiTrv�nMErvoMEu.$) zou i 7HA.EN MEN.)ERTMMary Ery cE cooE LOCATION MAP ZTELN d PROJECT DIRECTORY L. SCOPE OF WORK IIIIINIINIESTIRI. Tll­EaIIETU� El WITH NEW UI Q S W � ISSUE �I= U F d G001 ZONING INFORMATION SITE ZONING MUNICI­ -"GE OF M-HENRY (_T I 6—INOLING —NE-DONHOOOCOMMEN- 1-11GIZONIN-1-11-11 11L ,oNo,T,=USE (SECTL' LITAIA —IC E.1 RES HE:G'H' TO (..T 3 ACCESSORY. N.NIE 11 "IN ll�l "'IT I COINII G—Y— I IN 7 P­NG i —KING PA—Nl: 1111. Sl C ... IN (Z7) (—T 11EMPI—EE C--Mll— Vft �l N—.ING .1ZE I� IN. CONCEPTUAL SITE PLAN PHASE 1 Ll� m= 001 CINO— r _pa ZONING INFORMATION SITE ZONING (_T I "UNICIP" -"GE OF M-HENRY 6-DINCLING —NEI—ONHOOOCOMMEN- 1-11GIZONIN-1-11-11 11L (SECTL' —IC E.1 LITAIA I. D. HE:G'H' T (..T 3 ACCESSORY. N.NIE C. "'IT I 11 "IN ll�l COINII G—Y— REAR YA0.o. Il5. I IN lU —KING UUOCT —ClEC PA—Nl: 1111. .1 C ... MIN DI) j� "l'- SY'INITAL OSR MIN (16) PLO , _&—ID MIIN 47 IX INCLUDING I.— CONCEPTUAL SITE PLAN PHASE 2 m= 002 ON ID I I CANOPY 54 O FUTURE i 1650 SF QSR I l�V 6057 SF \ \\ C-STORE ^ 1 SIGNAGE INFORMATION (zoN uc MAR) 111 COMMERCIAL REQUIREDZONINc. cs. Hlc v COMMERCIAL- CONDITION& USE SIGNrrFE AReaxol EAAnossF000rl1nnEA1xrlM1GUNMw rvsEIkOFEIE=N.INEIEEssa, ,�.Is ArRIGFGwN GrvI MWEDFsFER BF OF..I.Es.s oFRsGF NIGMEmrEr,o aM ANOFv.""'E"E orHearHAnAn urvoea cArveRv slcrv.AnncHeororHe oR corvsrRUcreo IN oaoN OOT UNIM1. SETancli DIFCTIO s SIGNS AuO , to SF MAxIMun,. S FOOT AO MM1.1 Ei- Hr,s BIGHT IF Fasssrnrv(1) ENU BOARD RERMUTIC sDevERO. .SR MA NIFM AREA,e FOOT NHCKWUM CANORY SIGNS TRUCK 1ANOFY SOCTN AREA I'll "I eEcllGrv,o-za-,sl N NOW U ENT RANceIexlT. a R. 1.E lDErvnNERs. ,o BF BSF IS SF x S IN.) INRECII.— RON AREA SO IF IF Is$auNuzatsl UMBFR of FIG.. 2 B ­111E SOUTH CAR ASH NORTH D SF 0 S, CAR WASH ROOM 0 EF SS IF IBELTION,o-m-,sl UMBER OF SIGNS. , x CAR ON :F MENU 10-13) UMBER GF SIGNS. ry 3 FUTURE CBS SIGN: . BF I n­H — IROIIED &LOWED PR BED SIGNAGE KEY Oi WITH, SS SF SIGN. SEE SIGNAGE EFEVATONS 11'ENTRANCE' , 13 SF SEE SIGNAGE EFEWJlONs OirH. S, SE SIGN. see SIGN— E­ONs 12-ENTRANCE' , I 1 SF. see SIGNAGE EF ATONE O3 SIG., eIF, see SIGNAGE EFevanONs D 13 wr. s SF. see SIGN— EFEVATONS O4 BID—Eu=vnnorvs eas, zsn sF see 14 lL AaG,O SF. SEESIGrvAlTALGE EFllEVATous OSIGN. ss SF. SEE SlcnncE EBEvnnons 15 CH BOARD, OSIGN. 1e sF. see slcrvAce eBevATorvs 16 ,ssF. see slcnnce eBevanONE sGN, O7 sSFSCCRGNAGEEFEvnnous slcrv. 17 BF, EC SIGN-­.N.DSIcrv. O8 ENTRANCE.,, SF, SEE SIGNAGE EL_ION EF, SEE SIGNAGE EBEvnnorvS ueoARD,,a O9 Exlr. S SF, SEE SIGN— EBBVATONS BOARD,,B IF. SEE SIGN— EBEVGTONs 10 INS=B IF. see A003 cHe r Exhibit C Landscape Plan 13 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org MOTE. I I. OUANf IfY L16f6 Aft 50PPL ILO A5 A GONVENI6MO. GONfRA4fOR SHALL VERIFY AW MAfERIALS OTAN11f IE5 ON 51fO. Z. ALL PLAN1 MAfERIAI f0 pE WGAG1-Y &ROAN. 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PROVIDE WNW MfO5 Of PROfEbf ION Of Uf IL If IE5 AND 5ERV1 bfi5 06516NAfE0 f0 REMAIN. REPAIR Uf ILI11 E5 DAMAIII OURIN6 511E WORK OPERAf IONS Af GONfRAGforS OF. 6. 6. WHEN 00ARf11 OR I4609916fLY WOW WOKAROUN0 PIPING OR OfN¢R Uf ITIf IE6 ANC 6E9VI LDS ARE 4N60UNT6R40 CUR IN6 OHIO WORK OfERA11 ON6, NO11FY ENE AFFLIGAOLE Uf ILIfY GONPANY IMMEOIAfELY f0 OBTAIN FROGNUR¢ OIREG110N5. 00F6RA1f 111H fHf APPLICAOTf Uf IL IT 61 ANY IN MAINTAIN 1 No, AGf IVE 54 WII IN OPERATION. C. OCA, PKIfIll, AN' MAI NfAIN BENGHMARKS: NONLWI W6, CONTROL FOINf6 AND PROJE4f 6N61N6ERIN6 KfffKfNCE POINTS. RN-WANLISH 015fUR�ED OR DI fFOY6, IIfNS If WN1KAGf,RS EA,,Do, P. OBTAIN 60VERNIN& ,WfNOR1fl65 MRWIN PERM15510N WHEN REPUIRED TO GL05E OR OB6TRULf 5fuff, WATK5 AND AOJAGNNf fALIL1fl65. PROV106 BIT FIAT' WJf66 AROUND M511 OR 065fRU4f6D fRAFFIG WAYS WHEN R60U1R60 BY 60VERNIN6 "RoRIf ITS. E. GONfFoT OU5f GAU6E0 BY TIP WORK. DAMPEN 6URFAGE6 A5 ROIJIREO. LOWLY WITH FOLWfloN WWII, RE6ULAf ION& Of 60VERNIN& AUfHORIf I ES. F. PRo0of E%15f I16 111 LO'N66, PAVING AND OfH4K 64RVIU6 OR FALIL1fl45 ON 61f4 AND ADJAG¢Nf fO THE 611E FROM DAMAGE 6AU5E0 BY WORK OPEKATION6. 405f Of REPAIR ANP KfSfOKAf ION 0f OAMI I1fM6 AT CONfRAGfORS WOW. 6. Pro AGf AND MAINTAIN Wfffl,100, Vf I LIfY PoW AMC 5ERV16E5: f"Ff IG 61 DNA L WNfROL 00%f5, GURO TOO, VALVES AND OfHAK 54RVIGES E%Gbff If ENS Cf516NAf60 fOR REMOVAL. REMOVE OR 60OROINA4 fNN REMOVAL Of flKW16 516N5 FARKIN6 NNf6R5 AND POSTAL WAIL00%EIi WI fH ENE OPLIGABL6 &OWNN6NIAL OWL H. If THE GOW,U510N Of CAN WORK PAY: fHf GONfRAGfOR 15 KOVON5100 FOR T6AVIN6 fHf 511E IN A GLEAN AND SAFE 6ONOIf ION. OARf 2 OROOUV6 2.01 MA1€R'AW All 60UIPMENf A. MAf6Rl A" AND NOU IFM6Nf, AS SEL66f" BY GONfRA6fOR, E%GEFf AS IWIGAfEO. B. EOUIPN"f: IDOf 5fAVAR0 5PE6'f IGAf IONS FOR ROAD AND BRI06I WN6fRUG110N L. MAfERI AL5: HOOT WHOOP 5PELIf IGAf ION5 FOR ROAD AND 9KIP60 GOWRUGf ION yNal' 1Q1lj1fi1f 5.01 PREPARAII ON A. E%AMINE THE AREA5 ANO GON01f IONS UNDER INIGN WORK IS f0 B6 PERFORNEO. DO Of PROL6E0 IIfN ENE WORK UNf IL LN5Af 15fAGfORY 0 VI1l ON5 ARE GOKKIO 0. 0. 60NWTf fH, AVAI1,ABT4 RELORO6 ANC OKAWIN66 OF AOJAGENf WORK AND Of R%15f INb 6ERVICE6 AND Uf ILIf IE6 WHILN NAY AfFEGf WORK OPERATIONS, A5 FKOV1060 BY OWNER. AMC OF 6EGTION 0001 Wf10N 0002 f W ANO 5HKA C�AV I N& PART I M6RAG 1.01 of56RIPf ION A. AD Of TREES AND NANO A5 SHOWN AND W4GIf ISO. THE WORK INGW065: I. WIL PREPARAf I ON. 2. TREES, 5NRUB5. 5. FLAMING MI %11. 1. MOON AMC PLANTIN6 AOG6WORIO. 5. E%1511 Nb PLANT RELOGAf ION. B. RELATED WORK: I. 6,21'ON 00000: 6AKfHNORK. 2. 5EGf ION OWON: 5 91%. 5. %Gf ION 000051 50001%. N. 5RGf ION 00005: PERENNIAL , ORNAMENTAL 6RA55, 6ROON000VER WAN11N6. '.02 OVALITY WTIA. COMPLY NIfH SECTION W001 REoUIRENENf5. 6. 60MP1V WIfN 5E6f 10N 00005 RIOUIR¢M¢Nf6 WHEN APPLILAOL¢ . L. PROVIDE STOCK fro, TO BOTANICAL NAME. 00 Of 51.65f IfU4 WITHOUT PERM15510N Of OWNER OR OWNERS REPRESENO(IVE. NONGONfORNI0 11ANf5 WILL BE RE JOO- Al CONVAWK5 E% WI. C. WHPLY AI fN 51ZIN6 AND 6RAOIN& 6fANPAR06 OF fHf LAfOf COITION OF 'AMERIGAN WORD RD TOR NURSEKY .fOW. A PLANf 6NALL BE DINT N510NE0 A5 If 5fANW5 IN ITO NATURAL W51110N. NONGONPORNIN6 FLANf5 MILL BE KEJEGOP Al GONVACfOK5 ARROW. 6. ALL PLANf5 WALL BE OGALLY BROOM UNDER 6,11406 AND 601E GON01f ION6 51MILAK fO TIBOR IN fN4 W6AL'fY Of fill PROJECT. f. 5fOGK IRON No 1 SNALL 6E If WHO TIP MINIM. 61ZI INOICAfEO. WAR 606K 15 AWFPfABLE MIfHIN REASON, Of NO A001f ZONAL FAST f0 OWNER. R10f SYSTEMS MUSE MEET ANLA 5fANOAR05 AS SPf61FIf0. PLANf5 WH O NOT OE WOW6Y PRUNIN� OR CYNIC M6AN5 TO MORT 5PEGI P I GA110N5. 6. FROVIOE 'SPEGINEN' WANTS WITH A 5P66IAL WWI SNAFE OR CHARA4fIR Of WIN. SPECIMEN TREES OR SHRUBS MAY BE (A66i0 AT ENE WUK6N OF 5UPWY. fN6 010R'5 KfPR66fKAf IV6 MAY Wool fO IN5PFGf SPEGINEN 6ET66110N6 Af fHf 6AR66 OF SUPPLY POK SUIfABILIfY AND AOAffAO ILIfY fO 6f460O WGATION. AMEN SPECIMEN WANTS LANNOf OE FORGHWO TOGAWY, FROVIOE WFfIGIfNf FOO RAPN5 Of CIA PROP0560 5P6GIM0 PLANf5 TOR AFPROVAL If 50 Kf0OI5f11 NO 'PARK 6RAOf'MATICIAL MILT 66 AGGEPIT. H. FLANf& MAY BE INSPE6 10 AND APFROVEO AT fHl FLA6E OP GROWTH, fOR WM IANLE WITH 646IFICAf ION REoUIRENN I TOR WALIfY, 51ZE AMP VARIETY. GONTINU6 5E6f ION 0002 fW ANO 5NRU6 O6ANfi% 1.05 5UOMIffAO A. SOON If iNE PolWWI N6 NAf ER I AL SAMPLES, If KEOUESfT: I. NI -BULK oR OA6GEo. 2. 1IWKAf IVE STONE OR GRAVEL DA& OR SICK 6. 5UOY1f TIM FOWOWI N6 HOPE ... 6 ow"I6Af ION: If Woof", I. forml, WOW AND PH VALUE. 2. PIA1 N055, 6NIPY61, OR OfHIK 096AN16 ION, AMENPMENI5 B. PLANf FERf LIZIR. I.ON Of LIVERY SfORAbE AND NANOLIN6 A. OELI VER F6Rf ILIZER MAf4R1A0 IN ORIGINAL: III NOV AND UNOAMI 6ONfAIN¢R5 ,NOUN& WNIWf, ANATY515, AND NANO Of NANUFALI KR 5fORE IN NANN6R f0 FRAVIN, W,,f N6 AND 96ffKIOKAf ION. 0. fAK¢ ALL PREGAUf ION5 W5fOMAKY IN 6000 M)R5ERY PRALf IGE fO PREPARE PLANf5 FOR fKAN5PORf. WORKMAN5HIP VH16H fAT6 f0 MORT fHF N I6NE5f SfANCAR05, MILL BE REJE6fE0. SPRAY OEGI OUW, PLANTS IN FOLIAGE WITH AN APPROVED ANTI OES ICG%Nf INNEOIAfELY 66fORE P I661N6 f0 P,",Nf D¢HYORAIION WNFN IN LEAP. D16, PAGA, iRANSPORf, AND HOW PLANTS WITH GARS fO IN5UR6 PROffGf ION WINDT NJURY. G. COVER PLANf5 fKANSPOWD ON OPEN VENIG"6 WIN PKOffGf IVE GOWKIN6 fO PREVENT WINDBURN. 0. N015f6N ALL WI R00f BALL DE FORE fRANSPORfIN6. PKEVENf SURFAG6 FROM ORYIN& PORING fRAN5FOKf IN6 1.05 PROJ66f 60NOIf IONS A. 1111 NOIIPIGAf ION: NOTIFY OWNER5 REPRE5ENfA1IVE Af LEA5f TWO (2) IORKIN6 PAYS PRIOR TO INSfALLAf10N 0P PLANT MAfERI AL. B. PROTECT E%15f IN6 ...... ILlfI ES, PAR I N6, ANO IT IF FAGI LIf l05 K OM CANAbf CAUSED BY LAN06GAPIN6 OPEWOI00. GALL BII TO NARK UNVAC ROUND UTIL11165 A NIN INUN OP TB NOLR5 BEFORE 11661N6. G. A WNFLffE LIST Of VLANf6, INGWOIN& A `NM N ... OF SIZE.. OUANf If IE6, AND OTHER KEOUIREMW6 15 5NOWN ON fH6 ORAWIN66. IN fHF EVENT THAT OUANf IfY 015GREPANLIE5 OR MATERIAL OM15510N5 11, IN f. PLANf MAf6KIAL5 L16f, TIC WANTING PLANS SNALL GOVERN. PAYMENf SNAW BE BASSO ON AGf UAL IN6fALLEO PLANf COUNT. 1.06 WARRANTY A. WARRANT PLANf MATERIAL fO REMAIN ALIVE ANO Of IN A HEALTHY, VI60ROU5 WHOIf I ON POK A WHO Of O F (1) YEAR Off? A06WfANG6, FROM O60 PLANf5 ARE 61VIN PROPER GAR¢ BY OWNER OURIN6 OHIO IWO. I. GONfRAG10R f0 6AW P09 PINAL IWPRG110N Of PLANf5. 2. If I6 f1f RWP0N5101LIfY Of fHf 60WRA6fOR TO IN5F6Gf fHf WATERIN6, GULf IVAf ION AND OfH6K MAI Nf¢NAN6E OPERAT'ON6 PERFOKWO BY Hl, OWNER OURI N6 fHf WARRANTY PERIOD. 5. ANY WHO 05 OR PRALf IGO, WHICH fHI 600906f0f WN61HO R5 UWAf15FAGfORY AND NOT IN AG60R0 WIfH SfANPARO NORf ILULfURAL PRALf IGO 5HALL Of R6PORf60 f0 THE OWNER IN MR If INb. 0. R¢MPVE ANO IMMEOIAfELY R¢PTAGE ALL PLANf5: A5 OEffRMIN60 BY fHE ONK96 REPRE56NWIVE, fO 60 UN5Af15FA610RY OUR IN& fHE NIf IAL WANIIN6 IN691, f10N. G. R¢PLAG¢ ONCE: IN AG6ORPANG6 II1N fH¢ oR11I164 AND 5P¢GI PIGATIONS, ALL PLANf5 THAI AR6 "AO OK, A5 1Ef6RNIDII BY OWNER'S RNRE6ENfAf IV¢, ARE IN A 5fVER6LY UMIIWHY CONDITION WITHIN WARRANTY PERIOD. R6PLAG6MENT5 fO OE IN5TAIWO AT N6%f DOT PLANf I N6 RAWN. C. NARRANTV 6NALL NOT INGTUO¢ PAM6E OR LOW Of TWO, PLANf6, OR &ROUND WV6R6 LAO5E0 BY FIRES: IWO, ORW6Nf, FRfEZIM RAINS, L I6IT I & SfORNS, OR MI N05 OVER ]5 NI LES P6R HOUR, WINTER KILL 6AU5T BY EXTREME GOO AND SEVERE WINTER GONOI110N5 NOT fYPI GAL Of PLANf INb IF"" A" OF VANOALISN, ANIMAL OE5fRU1 ON OR NIC, 161461 ON THE PARE Of fH¢ OWNER. ANY R¢WAC6MENf AffRI HOW TO fHF6¢ GAUI NUSf BE IN ADDITION f0 fHf GONfRAbf AMOUNT. id'.11` : I I , 2.01 MAfEKIAL6 A. FLANf,: RROVIOE PLANf5 fYF16AL Of THEIR W601f5 OR VARIETY} ,V NORMALLY OWIWI' BKANOHC5 AND VI WKOUS ROOF 5YWWI PROM OE ONLY WHOP, HIATfHY, VIWKOUS PLANf5 FREE FROM OEF¢Gf5, 015116UKIW TWO, 06GAW INJU'KIE5, FROST 6RAGK5, A690100 Of THE BARK, PLANf 015EA50, HOWE60' 60RER5, ANC AW i1116 Of IW66fAf ION. I. ,,A OR_, ANP BLIK,09 0 PLANf5 11f1 FIRM, NATURAL BALL5 Of RAVI Of Wffl6'ENf OIAN616R AND DEFfH A5 NEG655ARY TOR fULL K660VEKY OF THE PLANf. PROVIDE BALL SIZES LOMPLYI NG IIfN CIA LAfE5f f01f ION Of fHf 'AM6RIGAN 6fANPAR0 TOR NURSERY WON'. GKAGKW OR HOT HROOMEO 66L5 AU NOT AGG€PfABTf. 2. GONfAlfWK-6FORM 5fOGK Will NAVE BROWN IN A GONfAINER OR 6UFFIGIENf 4WH Of fIM6 FOR fHf Roof 6Y5f6M f0 HOW OfVfWVfP f0 HOLD 5 501E fll'fH6K 1IRN AND 1HOTE. A. NO PLANf5 5HALL BE LOOSE IN fHE GONfAINER. B. CONfA'NER 5f06K SNALL NOT 66 FIT BOUND. 5. If fHF of Of 1A164K THAN W1611111 6ANf5 15 AGGEPfAOLf, I46KEA5E fHF SPREAD OF KOOO OR ROOT BALL IN PKOPOKf ION f0 fHf 51Z4 Of LNE PLANf. W. THE NE'6Hf Of fll¢ fRE¢5, M6A5NR40 fRON f GK01I OF THE KOOf5 f0 THE fOP Of fHf TOP BRAIN, 5NAT, NOT L066 THAN fH6 MINIMUM 612E ANO VARIETY 06516NAfE0 IN iNE WANT LI6f ANO AGCOROIN6 fO f4f ANTA WH AR06 TOR NURSERY 6fOGK. 5. 5NRUB5 AND SMALL PLANf5 SNALL O M46f f4f K60VI FDMFNT5 for WO ANC/OR HE1&H1 INOIGAW IN THE PLANf L151 AND 6f IN AGWR ANGE MIfH ANLA 6fAN0AR05. 2.02 AGGESWKIO A, TOFWN, FOR PLANf IN6 FOG, F6RfILE, FR101, , NIW601T WITHOUT AONI%fUR6 Of 5U0501L 0fAINEO IR -6910, 0ON A WELT-ORAINEO ARABLE OITA, REASONABLY FRAM FROM CLAY, WNP6� COARSE %405, STONES, PLANf5, ROOf5, 51I6K5, AND OfN6R FOWO 0. PEAf WOW: OROIN f0 OLAGK IN GOLOK, MORO AND 6EE0 FREE 6RAM WOO RAM PEAT OK MAW PAO, GONfAININ& NOT MORO fHAN 9Z MINERAL ON A O,, HA515. G. ORbAN16 MAff6R- WIWI MAffFK GAN BE FRON PEAf N066, GOMP05f, OR L0661,Y AVAILNOL4 OWING WA5f4. OF ANIG MAffFK 5NOULP DE NEW 60MF05ffO fREf PROM DEBRIS, IRK SEGOS, AND NOW,OR 015EAOO RHIN MAY 6E HAKWIL f0 Of INIENOEO PLANf INb. O. WHIN,OAK mAl UN 'RAPE , DOUVI PKV6JD 6HKEPPT HARDWOOD 04,665 OfHfKV166 APPRORIP BY BIWA WKE56N1A W. 6. F6Rf ILIZER: I. WANT FRRIILIZER: GONNERGIAL fYPf APPROVED BY THE OWNERS FfPK66fNfAf IV6, GONfAININb 10% NIfR064N, 10% PHOSPHORIG ACID AND 10% POfADN BY f6lbHf OR EOUIVAIlWf IN A SLOW RELEASED GRANULAR TORN. Y. PRE G....... NERBI610E: fREFLAN, KONSfAR-6 OR APPROVEO IOUIVALENf APPLIED IN AGGOROANGE WITH NANUFAGfURERS IN5fRUGf IONS f0 ALL PLANf BED AREA5 UNT455 OfNERN15E INOIGATEO. 6. AN11-065100ANf: PROfEGf IV6 PI LM 'INIP ON PROVIOI N6 A fROf6Gf IV6 FILM OVER FLANf SURPAG651 F6RMEAD4 TO FGRMIf fKANWIRA(ION. NI%EO AND APPLIED IN ALGOROAN6E MITN NANUFA6fURER-S IN5KFUGf IONS. N. WA16R: HOSES OR Of HER NEfKOP6 Of TRAN5PORfAf ION TO 66 fJKN15HE0 BY WNTRA6fOR. WAfFK f0 OE FKOV1060 BY ENE OWNER If THE SITE. I. 5fAKf5 fOR 5fAKIN6: HA010OP, 2' A 2' 6 8' LO* ZAP PINE 15 KOMI5516LE. J. 6TAKE5 TOR bUYINb� NAROI000: 2' % 2' % 2M' LONG OR 'OUCRBI W'OR 'WO 5TAKE' EAKfH ANGHOR5. K. 6UYIN6/SfAKI NG MIRE: 12- OR IW-6AU&E 6ALVANIZ60 MIRE. I. fURNOUGKLf5- 6ATVANIZEO STEEL OP 61Z6 AND 6AU6E R6WIK64 f0 PROVIDE ffN61Lf 6fKPN6fH tOUAL f0 fHAf OF fHf MIRE. fUKOUGKLE REINfORGOP 6AKP¢N NOSE Of 1,06 THAN 1/2' IN510E 01AM6fOK. DWI,0E UNIFORM IN COLOR. 1/N'. 5HALL 06 UNIFORM IN COLOR AND LEVEL A5 AFFL160. TROT R6515fANf POLYPROPYLENE PABRIG OK fOUIVAlkf, WAFER AND AIR PfKMfA6Tf. IJ1MMER MW 5.01 INGF6G11ON A. 4%ANT NE FROWOO WANf IN6 ARFA5 AND GONOIf IONS BERORR IN5fAW010N. 00 Of 51ARf PLANf IN6 WORK NNf IL UN5Af IRALfOKY 60N01 f IONS ARE CORR641f0. 9.02 PREPARAf ION A. LOOR01 NAf ION ANO WN60ULIN& TINE Of PLANf ING GOOKoI NAfE INSfALWION OP FLAN11N6 MATERIALS DURING NORMAL PLANf INb %AWN5 FOR RAGH TYPE OF PLANf MATERIAL REOUIRT. NORMAL 5EA600 FOR fo, IN6fALLAf ON Of PLANf MATERIAL 6NALL BE A6 01,016: I. SPRING FMN11N6: IIKf6KM FROM THAI 501E 01WM65 WORKAOLf f0 JUNK 15. INSfAT 6V KWIN TREES PRIOR f0 NEW 6ROWfN Of61 NN IN6 IN fHF WKIN6, 2. fALL PLANf INb: PERfoM fKoM SE ABER I f0 NOVNMOER 15. PERENNIALS AND ROUND COW5 SNALL 6E WNPLffEO BY OGfolIK IS 5. 5UNN6R PLANf INb: PLANfIN6 PEKFORMEP WW I JUNE 15 AND AUI 51 SNALL IF WN6104Rt0 UNSEASONABLE AND WILL Rf. f OIH6R'5 APPROVAL. A. PLANf INb SNALL 66 PERfORMEO ONLY BY f%PERIEN6E0 WORKMEN FAMILIAR WITH PLANf INb PROUD RO UNOER ENE WPERVI610N Of A OUALIFIEC 5UPOKY160K. G. TOCAfE PLANTS AS IN01GAW ON CRAIIMAO. IP 005fKVGf IONS ARE WOUNf6RR0 THAT ARE NOT SHOWN ON fH6 DRAWINGS 00 NOT 1RO66" WITH PLANf IN6 OPAKIf ION6 UNf IL OWNW6 WROWAf IVf HAD 5E WII ALf HOD PLANf OGAIION5. D. WAD U 61RW-AK PLANf PITS WITH VERf16AT 51 CO, WAPf TOR PLANf5 5PE61f16AWY INW16Affo f0 OE PLANffD IN 0¢95. PROM o4 SHRUB P1f5 AT LEA5f f1IGE A5 TICK A6 fH6 ROOT SYSffM AND 24' GREATER TOR fkfO. OWH Of PIT Will BE NO bREAffR THAN fHE ROOT BALL DRPfH. SGAKIFY BOTTOM Of TIC PIT. RINI E%6665 R%GAVAIT MATERIALS KOM THE 51f6. 6. PLANf IN6 MI%fUFE fOK U5E AROUND ENE BALLS AND ROTA Of fR60 AND 5NRUB5 SNALL 6ON615T Of OKI (5) PABf5 6%15f IN6 501E f0 ONE (1) PART FEAT W66 A40 L0. PLANf f6Kf ITT ZER for RAN WOIL YAW OF MI%fURR OR fOUIVALENf. ABOARD BARK FROFE6510NAL NI%E6 ARE AN 6WIVALENf 600511flIfE fOR PEAT MI 5.05 INSfAWAf ION A. 5Ef PLANf MATERIAL IN fNE PLANf IN6 flf f0 PROPER �RA06 AND ALI6M Of. .Ef PLANf5 WR IbHf, PWN AN fAGEO f0 ONO fHf 086E ONARANGE OR KFLAf 1 PIN f0 RAW VfHg OK AOJAG6Nf 51RUGfURf. 5Ef WANT NAfERI AL NO LOWER fMAN fIN PINION 6RA0E OR 2'-)' ABOVE FI NISNFO 6RAOE. W fILLINb MIW BE I, MIffFV AROUND fKONK6 OR 6f6M6. OAGK FILL fHf PIf WITH f%16f INb 601L OR APPROVED foV WIL OR MIX. FORM A RING Of 501E AUTO fHf 606E Of RAW PLANf INb PIT f0 KffAIN MIT 6K. B. AfffR PLANf5 ARE SNf, MUOOL6 PLAN INb 501E MI%fURE AKOUNO RAW Of BATL5 A40 fILL ALL V0105. I. RIMOVI ALL 6YNiHDf16 WKIAP AM, ROPES: AND WHO fROM fHf WTLAK Of BAWS, G. DPW PLANf5 IN AWOROAN06 WITH 56AI" ORAWI N65. P. WATERING: RAW PLANf INb fHOKOUI f0 PULL COILS WINDT ROOT BALE AND 5E1fLf AIR POCKEf5. AOOIf IONAL 501E MAY 06 N6EOE0, WATER AbA TO EN5URE WNGLEfE COMPACTION. E. MULWIN6: TWO AMP NO 6 Will NAVE MOWN APPL160 1MOVIAf6LY NOW PLANT W. AFTER WOOKINO, RAKE WHICH f0 PROVIDE A UNIFORM fIN15N¢0 WWI I. MULW 1110 1 WHO WITH F1111R10 M IN6 NAf ER IAL S-N' 2. WI PERENNIAL 1006 2 5' DEEP 5. MI &ROUX, OVER 1111 f0 A DEVfN OF 1-V (NO MORE THAN 1.) 6EFORE INSTALL IN6 6ROUNOG m PLANf5. BRUSN MULGH OFf OF 11APPI6. f. N6 6UY1 N6 SfAKl N6: If 15 fNE 60NfRA6fOR5 f0 OFf ION f0 STAKE TREES OUT H15 REW,N5101LIfY f0 ASSURE PLANf5 REMAIN Flo PWNB UNf IL DID Of fHF &OAKAHAR PERI00. I. MRAPP IN6 SHOUT E DONE O LY ON AN A5 NEED BA515. 2. 61AK I N6/WY I M6 If NEE040 A. SfAKf/BUY ONTO O ONLY BE U5f0 RHIN TREES ARE -Woof OK WEAK WOO. O. 54E WKIN6 Off-6 ON fof DRAIIN65 6. PRUNING: I. R1,1", OR BUf BACK BROKEN, OAMAbEO ANO BAYNMIfR I GAL Arm OF NEW 1000. 2. UNLE55 OTHERWISE 01 RECTEO, PRUNE EVE .... C 5 ONLY f0 REMOVE BROKEN OR DANA&f0 6RANGH65. H. E%15f IN& PLANf K6OCAf ION: I, fKANWLAMP fFFfA DO 5NRUB5-16NA1¢P FOR KETOGAIION f0 LOGAf ION5 WIN ON fHf 09AMIN0. POUND, PIG, A- AND BURLAP, MOVE AND PLANf IN AGLOROANCI WITH SPEGIFIfO fR6E PLANTING REOOIRENENf5. 2. PRUNE, 016, BALL AMP BURLAP, AND MOVE PRO &NAf60 TREES POR RELOGAf ION f0 iH6 OfOHMI WIT VIDA" AREA fog HEELI N6-IN OF WATERIALS UNf IL fINAL PLANf INb AREA6 ARE OF11ARi0, If R601roO. A. MAINTAIN PLANf5 IN W906 AREA5 BY MAC 1 N6 PLANf5 VERf IGAL PO5If IOH ANO 5ff1IW BAW5 IN AN ENGL0560 BERM Of fOPWIL or BARK. WATER AS KEOUIKED f0 MI OWN fl R00f NOIOJ96. B. RE-WRLAf PLANf BALL5 If REOOIRED BEFORE FINAL fRANSFLANf IN6 OFERAII Mo. G. MOVE f0 fINAL LOGIf IONS SHOWN ON THI PKAWIN66 AND PLANf IN AGGOROANG¢ WITH 6P¢6IIID0 fKIF PLANf INb REOUIR¢N4Nf6. 5. fRANWLANfS ARE NOT UNDER WARRANTY UNLE55 IN016ATE0. S.ON NAI NfENANbf A. NAINIENANGf Of INSfAWAO AND AGGEPff4 PLANf I MAP MILL of PWOKMEO BY fH6 DINER. 0. 60NfFA6fX'5 MAINffNANGE 5HALL IWI,UOE RUN N6 GULf IVAf IN6 16EC IN6 WATER N6 ANO APPLICA110N OF APPROPRIATE IN5fGf IGI0f5 AND I N6161066 N4606AKY f0 MAINTAIN PLANf5 NFIf OF IN5EGf5 ANY 01 HOW UNf IL AGGEFfANGE. I. RE-5Ef SEf%fP PLANf5 TO PROPER BRAVE AND F051f ION. RESTORE PLANf IN6 5AVU9 AND AOJAGENf MATERIAL AND KWO DEAD MAfERI AL. 2. f'6Hf4N AMP RIPAIK bVY MIRES ANO DOW A5 90019EO, ONLY IF 09WHALTY WOOD. 5. GORR64f OEf6Gf IVE WORK A5 WON AS P05510Lf AWK "f ICIONCIE5 BEGONE APPARENT AND WHIR R AND SEASON DREW. W. WA1fR ALL PLANf KORNAI, AS N¢606ARY . 5.05 AGOWAN6E A. FLANf6, WOO 11LL BE IN5PEGf60 AT GONPLEf ION Of INSfALLAf ION AND AWfFffO 6UOJE61 fO GONPLIANGE WITH 5PE6If ISO MAffKIAL5 ANY INITA!, Af ION REOUIREN W. B. INSPECTION UPON GONfRA6fOR5 RE0UE54 f0 OEfERNI NE A64EP1ANGE Of WAN1E0 AREA5 WILL BE NAPE BY TUC OINER'5 R6FKf6INfAf IVE. I. PLANffY AREA5 NIW 0¢ ALLfPffO PROV1040 AW 9¢OU196NENf5 NAVE WN WMPLIEO WITH ANP PLANf MAf¢RI AL5 AR6 ALIVE AND IN A HEAUTNY, V160R0U6 WHO IfI ON. G. 5EG110N5 OF iNO WORK MAY Of WOOD RHIN 6011f4ff UPON A6RFfM6Nf Of foF OWNER'S KEPRESENfA1IVE AND fHf 6ONfKAGfOK. 0. UPON AGGEPfANGE, fHf OWNER WILL A56UME PLANf MAI NTENANGE. 5.06 GLEANING A. PERFORM WEANIN6 9091NO INSfA1,W ON AND UPON GOMPLEf ION Of fHE WORK. 9-VE FROM 6110 ALL E%GEW MIWIL, 00910, AND COON MAIN. KOFAIK CANAbf RESULf INb FROM FLANf IN6 OPERATIONS. ENO OF 666fION 0002 s&d,.pe Tea, Aepwed Do: OAP.$ t-w AP.W SM0228 L002 LANDSCAPE SPECIFICATIONS 5EIS110N 0003 PHMNIM - OKNAMWA� RA66E6 - ROUNOGOW P�ANTINb PART I GENERAL I.01 AESLRON A. PRO VIO¢ p¢R¢NNIAI51 ORNAN6N0I 6906E6 ANO 6ROUNP 60416 A6 6HONN AMC 5PEGIFI EO. TN8 ROCK INCWO66: I. SOIL 11,11 AIION. 2. p¢RINC AL, ORNAMENfAL KA5565 AMR GROUNWOV6R5. ). PLAN11 N6 NIIANI 1. MULGH ,, PLANf INb AW4550R IE5. 0. NfLAfK YORK� I. 56G110N 00000: EARfN10RK. 2. 6EGf ION 000015E¢PINb. 9. 56Gf ION 00002. 50001AMC 1. IIION 00002 TREE AN0 SHRUB PLANf N6. 1.02 OUALIfY A6 MANGO A. GONPLY IIfH 5E6f ION 00001 KEOUIRENENI6. GONPLY WITH 56Gf ION 00002 NNEN AP0,16ML6. B. LANOSGAPE C9NfKA6fOU5 5HA1,1, PROVIC6 SfOLK TRUE f0 WIANIGAL NAME ANC LE616LY 966E0. VO NOT 5UB5flfUfE WITHOUT F4KMI66ION OF LAH06GAPE ARGHIfRGf. G. 0 FLY WITH 51ZIN6 AMR 9AOIN6 5fMVA905 OF fHE LAfP5T COITION Of 'AMARIO N 5fANPAE0 PAR NURSERY 606G'. A PLANT SMALL BE CHIC 610NR0 A5 If 601,05 IN ITC NATURAL P051TION. I. 5P6GIP IEO POT SIZES AMC PLANT bRA006 SNUULO COMPLY WITH fHE 5fANOAR45 ACGEPffP BY fHE ANLA. NIOOf OTANOARM 1,15f MINIMUM CIM4N510N5 TOR OPIUM INQb IN VARIOUS WA66e5 AMP P6f IN6 MINIMUM 61AMPAR05 POP BARE COOT LINERS, OIVI510N5, ANP ONTO GHUNPS. P. ALL PLANf5 SMALL HITLAGALLY GROWN UNDER GLIMAf IG AMC 501E LONOIf ION5 SIMILAR f0 fN05E IN fHE LOCALITY Of THE PROJ60f. 6. Of GO f%N15HE0 5HALL BE AT LfA51 fHE IN IMUN 51ZE INOIGATCV. LM60 5TOCK 15 A66EPIA6LE WITHIN RfA50N Al NO APO If IONAL 0 f TO OWNER. ROOT 6Y5flI5 MOOT WAIT ANLA 6fANCAC06 A5 5PELIf IRO. PLANf5 MEMO NOT B6 ALf60E0 BY PCIININb OR OfHK MEANS f0 ME61 5PEGIf ICAf ION5. F. PLAN0 MAY BE IN5PEGfK ANO APPROVEO AT THE PLAGE OF MONTH, FOR GOMPLIANGE WITH 5PE0IM LAf ION CEOUICEMRNT5 FOR OUAIA", 51ZE AMR VARIETY. I.0) 5U0MI1fAL5 A. A1160 PREpARAf ION, A 5AWL6 OF fHE PLANf IN6 501E ' HALL 0E 5U0N IffEO f0 fHE LAN05LAPE IF REOUfi6f60 PRIOR f0 IN5fALLAf ION OF iNE VAN 6. A001f TONAL OE6ANIG MATfER ANO PREpARAf I ON NAY BE R60U1RE0 0A5E0 ON THE PHY5IGAL PRORfTES OF TH6 5AMFLE CNN1 ffIr A SEPARATE PANNE PROM EALN PLANf IN6 OEO SMALL 06 ANON 1ff60 If KEOURNEP. B. A ONO C OF fHE OR6ANIG MAf1ER SFELIf IEO 5HALL BE 6UBMI1fE0 f0 fHE LANP6GAPA ARGHIfEGf TOR APPROVAL PRIOR TO USE. A LABORATORY ANALY515 MAY 06 REOUfO EC If 08EM60 NfOOMAKY. L. PRIOR f0 USE, 11BE15 Oe ALL 501E AMENONENIS 5HALL BE INSPECTOP BY Nil LAN96LAF6 AC6H1%f f0 VERIFY COMPLIANL6 WITH NO 0E516N OPE01 f I GAf ION5. 6ANPLES MAY BE R4AUE5f1O FOR LABORATORY ANALY515, P. EALN 66PAKAf6LY GONfAINERIZEO PLANf BROUGHT f0 fHE 611E &HALL 66 LANHAM WITHIN REASON. fLAfb Be Nil 6AM6 PLANf5 MAY HAVE CHO LA6,L PER PLAT. EALN BUNDLE 01 BARE ROOF PLANf5 5HALL BE LABELED, fH65E LAPELS M15f SHOP "f BOfAHIGAL NAME Of TH6 PLANf.fHE LANO,GAPE ARGHIfRGf 5HALL IN6PRGf fHE 1,0111, LONfA1 NIC 512E5, ANO OIV1510N 51 Z16 Of BARE ROOf PLANf5 TOR GOMPLIANCE TO THE 0E516N 5PEGINGAf IONS PRIOR f0 PLANf IN6. fHE LAPOSLAp6 ARGNIfEGf 5HALL AL50 VERIFY THAT THE PLANf5 DELIVERED f0 fHE 511E A" 'All 11 fRUE fO NAME. UPON A66EPfANG6 01 fill PLANf5 BY fHE OWNER, fHE LANO61A?A CON10ALfOR 5HALL eKOVIVE BRITTON MAINf6NAN46 FEOCEOUE65 FOR MAINTENANCE OF fHE PLANf5. I. IvIL0WI N6 file IN5fAWAf10N, THE LANC5GAPE GONfRA60K 5HAW PROV106 fillLANO66APR ARGNIfEGf WITH A COPY Of MR OR161 HAL PLAN NOf INb ANY 511E AV MOMS f0 THAT OR161NAL PLAN PART 2 PROOUGIS 2.01 WAIT4KIAL6 A. PLANf5: PROVIOI PLANf5 fYPI6AL Of 1NEI9 5PEGIE5 OR VACIEfY1 WI NOCMALLY 9E461OP60 HABIT NO V16O 0U5 R00f 5Y5416' PROV106 ONLY 5OUN0, MMIfHY, V1609OU5 PLANf5 PRE, PROM OEFTG15, 5UN5GAL0 INJURIES, PLANf C161016, INSECT E066, AMC ALL PORN, OF INf65fAf ION. I. LOWAINEE-GROWN SfOGK 5HALL NAVE CROWN IN A CONTAINER FOR SUPPIGIENf LCN&fT1 Of fIM, POE fHE ROOT 5Y5f6M TO HAV6 OEVEI,WfP f0 HOLD Ifs 501E f06RTH6P, FI IN ANO WHOLE. A. NO PLANf5 5HALL BE L006f IN INC CONTAINER. 0. WNfAI HER 606K 5HALL NOf BE POT BOUND. 2. IF PH HOC Of LARGER THAN SPEGIf160 PLANf5 IS ACLEFfAOLE, INLK6A56 TNT 5PKOA0 OF R00f5 OR 0,91NER 51ZO IN PROMOTION fO fHE 51ZE Of If PLANT. J. PLANf5 5HALL M66f fHE R60UIKfAfNf5 TOR WORN ANO/OK HEIbNf IN0160 0 IN fHE PLANT L16f NO BE IN ACLOCOANL6 WITH ANLA 5fAKOAR05. 2.02 PLANT 5PEG I F IGAf I ONO A. PERENNIAL AMP WOUNALOVK 51,ANHO ARE OFEGIPI60 FOR 901M BY THE GONfAINK GLA% NO SIZE (1.E. 2- SOUAE6 LONfAIMOK Of II ON IfEGONfAIN 0,I VITO. ON, If OAOIV151T, Bf ELO GLUOALGWf) BY ANLA 5fAMPAR05 FOR NUR5ERY SfOGK AMC fHE PROOWf I ON B. ',RENNI L5 ARE 5PEGI F IEP BY TYPE: I. LOW INER-&RONN 6RONN f0 A 5PEG If 10 61 Z6 IN A GONfAI NEC. 2 BARE ROOT - PUMNA5E0 FREE Of ANY CROWING MEDIUM RE APOL655 Of GROWING MEfH00. O-POTT60 - 014-GROWN PLANf5 WH16H ARE POffEO FOR O6LIOTY A5 THEY ARE OU6 FROM fHE (16LO. 2.03 501E R60UIRE O1116 OR f."N6 ON OX151INb LONOIf ION5 OF IN60M, AH61% KEOUIREO 601L MIX MAY 0E PREPARED ON51ff iNGOUGH MANUAL AND N6GNANIGAL MEANS, OR IN TNT 6VENf 6X15f IN6 501E IS IN ONACCEPfA6L6 COMMIT I ON ANO MAKEUP , CAN f0P501L OR A 4OMPL6f¢ MIX TO BE IN5fAI,LOv APf6R EX15fl N6 501E 15 EXGAVAf" f0 PROPER VEPiH ANO REMOVED / 0006C. OPP51f.. PINAL 051f 501E LOMPION IN PERENNIAL , ORNAMENfAL 6KA66 ANP 690UN000V60 660, f0 BE 10X fOP5ON, , )0X OPGANIG MA1f6R, 30% COARSE 5AN0, P1,U5 I J. FERTILIZER PER LUOIL YARD OP 501E MIX A. 501E POE PERENNIAL 0606 5HOUL0 BE ROfOf ILLEO B INLNES OEEF MINIMUM. WOUNOCOVER 6E05 AT 6- MINIMUM UNLE55 OfHERN156 MOTOR. TOP 501E 5HOUL0 OR DRY, TOP% AMC PRE, OF 0IVK16. IMK6 HAROPAM EX15T5 B6NEXIH fHE PREPARED 0 C, DEEPER PREPACAf10N MAY BE 5PEGI FIFO. AOOIf IONALLY, MR LAMV6OAF6 CONTRAGfOR SHOULO IMNE01AfELY HOf IfY NO LANP6GA?f ARLNIfOGf If ANY 605 00 NOT GRAIN PROPERLY. 94660 OACK PGXCA610401, 1106 AD AN EOUIVAL6Nf 5UMfIfUfe fOR PEAf MI 2.09 AMENPMENf6 A. fOP501L, fX601L POP PLANf IN6 0605, flff ICE, TRIABLE, NATURAL fOVWIH, WITHOUT AONIXfUCE OF OMANI, MAfKIAL, 06fAINEO PROM A WEW-ORAIN60 ARABLE 511E REASONAOLY PREE GROW CLAY, 1UMP5, GOAESf SANDS, STONES, PLANf5, ROOTS, Sf ICK6, AMR O1HK POREI&M MAfERl ALA, WITH ACIDITY kAN6E OF B41WEIN PH 5.5 f0 6.0 ANBE fYpILAL 01 fN, AREA. I. IOENf IFY 50URLE LVGAf ION Of fOP501L PROP05E0 f00 U5E ON I PROJEGf. 2. PROVIDE fOPS01L TREE Of 5UMfANGES HARMFUL 10 fHE PLANf5 NHIGN WILL BE GROIN IN fK 5011L. B. OR6ANIL MAf%K OGOANIG MAf1ER ON BE PROM PEAT M055, GOMFA51, OR LOGAWY AVAILABLE ONMIG WASTE. OGOANIG MAf1ER SHOULD 0E WELL 6010`0640, FREE FROM 00R16, WEED bEEW, ANP IN66Gf5 OR 0156mo WHICH MAY BE HARMFUL f0 THE INfEN0E0 PLANf INb L. 1KIIII ZEES: 10 0e P6INK10 fO THE JOB 51f6 IN THEIR 99161NAL PAGKA6146 WITH 1,010L6, INTACT LABEL6 INOIGAf INb NYKIENf ,ON.. ANC SOURCE. LABELS SHOULD BE CNELKEP PRIOR f0 U5E ANO A SAMFLE MAY BE REOUE5f60 POE LABORATORY ANALY515. I. COMMEPGI AI TYPE APPROV40 BY TH6 OMN6R'5 R4PRE5ENTAf IVE, LONfAINl N6 10% NIfP066N, 10% PN05PNOPIG ALTO AMP 107.. POTASH BY NEI6Nf OR EOUIVAIMf IN A SLOP RELEASED 9ANUTAO FORM. P. WAC6E 5AN0, 6KAOAf ION 0-2 PART 3 WOUTION 3.01 PRE-PLANf IN6 AMR P05f-PLANf IN6 IN5fRWfION5 A. POP -PLANf ONO. I. PLANf5 64 W BE BROV611f f0 TN6 OITA (MR PAY THEY ARE TO 68 IN6fALL¢0, IP P06610Le. IF 61fUAf ION6 AK16E WHORE 6APLI ER VELIVERY LANNOI OE AV010E0 OF IP PLANT INO I5 PELAY60 ATTAR fHE NrANf5 HAV6 BEEN OELIVEEEP, fNEY 5HALL 0E 5fORE0 MICRO fHEY ON BE PROPERLY WAfKC , 5H6LfKAP FROM OIRPGf 6UNL16Nf, ANO PROf66f¢0 PROM MRLNANILAL CANA6E BY 6ON61PUGf ION EOUI FM"f AN INAIS, EfO. IF STORAGE NEE05 f0 BE MORE THA N 1N0 GAYS: THE PLANf5 SMALL 0E 56FAEAfEP PAR EN006N PROM ,AGN OfN6� f0 PPOVIOE b000 AIR GIPWLAT ION f0 fNAIR fOVA, R4PU61% fN, R16K OF fUNAU5. BARE COOT PLANf5 V16H NO 5f 0¢ N4LO SMALL 0E H01, O-IN WHERE THEY LAN 0E 1AfER60 A5 Nl"TO. 2. ALL PLANf5 5HALL 66 MAf6RE0 fHMOU6HLY NO ALLOYED 10 DRAIN PRIOR f0 PLANf IN6. ). NHI LE PLANT IN6: BARE R00f PLANf6 MUST Of PCOf6GfE0 FROM Hof SUN NO PRYIW VINO BY 6HAVIN6 THEN WITH BURLAP, IAN0" 6 PAORIG, 540 OR Of1ER BREAfNAOL6 MAf6RIAL. PLASf IL 15 UNAGG PIABLE. LONfAINERIZEO PLANf5 M15f Of LEPf IN fNEIP GONfAMOCO UNTIL EALN 15 pLAM"C' fHEY N"L of BE ETHNIC KON fNb LONfAIN605 f0 B6 LAID OUT ON fNfi 660 MHERE AN AMC NINO NI LL 'AMA" fHE R0015 PRIOR fO FLAN11N6. 1. ANY OEAO OR CONA640 PLANf PAPT6 5HALL OE REMOVRO PROM fH6 PLANf6 UPON PLANf INb. 5. 6 PAGIN6: 5/ACE 11111000VTOO AMC FIRENNIAL5 IN ACGOROANCE WITH O1516NA160 AREAS ON OEAWIN65. IN GA66 Of AREA 61ZE PI SGREPANLI ES , A f16HI,P SPAGINO 15 PREF6RRE0 . B. P05f PLANf IN6 I. MULGH: MHERE 1411,6HIN6 15 5PEGIf IEP, fHE MET ON NU5f BE PULLED AWAY PROM fHE Off 5 AMR GKOWNS Of PEK¢NN IAL6 ANC 60OUNOCOVE06 TO RE000E Tile POORRENCR Of 90f OR ROOENf OAMA6E. MULGH fHIGKH0% IN 6E0 AREA6 5HOUW 6R 2-)' TOR PERENNIALS ANO I-2- 10R 6ROUNOLOVERS. 2. PER¢NNIAL AMC 6KOUNOLOVER BEP ARZA5 TO 6e THOROUbHLY YAfEP¢0 IMN¢PI Af¢IY AFf¢R IN6TALLAf ION AMC CLEANUP. 3.02 MAINIENANGE A. THE LANOSLAPE 6ONfRAGfM 15 RESPON6164 POP iNE MAINIENANGE Of THE PERENNIALS FROM TRIP fIME fHEY ARE BPOWHf ONTO fHE JOB 51fi UNf IL fH6Y ARE PLANfAV AMR AGGOEfEP BY fHE LAN06LAFE ACCHIf66f . I. PLANf5 SMALL BE WAfKAP Off" ENOUGH f0 PREVENf WILf INb PRICK fO PLANfING, AffIK FLAMING, THEY 5HALL BE WAfKfV I N111ALLY TO 61,SO fHE 601 L, THEN TO PREVENf YI LT INb ANO fO ALLOW fHEM TO BROOM¢ CE061,164E0 ON fHE 614. 2. fHE 0106 5HALL BE TREE Of W6E06 AT FLANTIN6 TINE ANO 5141, 0E MAINTAINED 1660 TREE BY fHE WNfRAG10R UNTIL fHE PLANf INb 15 A6G000 BY THE GI RNf. ). 6 11004 IN5EG15 09 0156A565 Af1AGK THE PLANf5 Aff6R MOT AWAf ION ANO PRICE TO AGLOPfANGE OP THE PLANf IN6 AFFROFCIAfE PRSTIGIVES 5HAW BE PROPERLY APP-M TO 60RP6Gf NO 61fUAf10N. 9. fHE 0606 SHOULD BE GHECK60 R66ULARLY TOR 501E 56ffLI N& MAN CN MAY 6XPO6E NO ROOT BALLS OR Of MIN66 lNVANGE0 NO HEALfH OP fHE PLANf INb. 5HPUIC .15 OCCUR, THE LONKAUG10R SHALL COB90f TH6 SETTLING PROBLEMS. 5. MINI, Y PLAN1AV PERENNIALS ANO bROUNOLOV60 MAY BE HEAVEO OUT OF fHE WOUND BY ALTERNATE fCEEZ65 ANO fHAY5. 5N0UL0 fHI6 OCCUR PRIOR 10 A6"FfAWA Of fHE FLAN11N6, NO GONfRAGfOR 5HALL RE-5E1 fH05E AffEGfEO 4ANf5. 6. ANY NOfEO OE460, OUGHT A5 RRYER61OW, ERRANf 6RONfH OR 601,0K NOf fYPIGAI FOR fHE 5PEGIE5 OR GULf IVAK, PH I, 06 BR006Hf f0 fHE AfIEN11 ON Of NALANV%AP6 ARLNI46f. fHE KEGOMM,NOATIONS Of THE LA"`GAF6 ARCHIfEGf 5HALL 06 fOWOWEO f0 LORR,Gf THE 61f0l, ION. RLLOMYENOAf ION& MAY INCWOE REMOVAL OF fill ENf IRE PLANT. 0. fHE LLIENf OR fill WIRNf'S 051 P A00 OOCN66 R45PON610L4 POR fHE MAINf6NAN6E OF MR PLANf5 AffK fHE PLANf IN6 NAB 06EN AG&CP40 0Y fHE IAN95GAPf ARGTIf,Gf. fAILURE f0 PROPERLY MAINTAIN ENO FLANfIM6 SMALL V010 ANY WARRANTY. I. TRIP GLI ENf 5HALL WATER fH6 PLANf5 f0 PREVENf WIL1146. fHE %,16 6 WILL VARY WITH fHE &KEITH Of fHE PLAN45 ANO PREVAIL I N6 GL11IMP "NERAWY, NEY , Nf IN65 NIW NEEO TO KfG61V6 I INCH OF WAfEO PER WEEK. A RAIN &A96E 6HOUI0 Oe PLALRO IN file PLANf INb fO LA10H BOfN RAINFALL AMR IRE16A110N WA BE f0 VERIFY fHE AMOUNT OP APPLICAf10N. 2. fHe LLIENf MHALL PROPERLY PINION, PRUNE, AMC OCAPHOAP fHE HEROAGEOU5 PERENNIAL& A6 CRONY ANP A6 REOUIREO TO MOOT THE AE5fHEf IL GOAL OP TH6 PLANf INb. ). THE 6L1ENf 5HAW NAI NTA IN NOPLANf Nb PR48 PEON WMPET INb NE805. 9. fHE LLIENf SMALL RE6LW.AELY INSPEGf THE PLANf NO POR IN5ELf5 ANO 015EA565 NOf IfY10 fill LANPSGAPE ARGHIff6f OP ANY NOfEO OCLUPRENGES. If PfiSf IGIOE5 ARE DEEMED N4LE55ARY, THEY 5HALL 0E Arm, EO AGGOROIN6 fA fHE AN UfAG1URK,O 460IMMENOAf IONS. 5. AefK fHE AGCEPfANLb Of fHE PLANf INb fHE LLIENf 15 KOFON510LE FOR GOCREGf IN6 ANY OR, IN& Be fHE PLANf IN6 0E05. 6. Af1ER ACG6PIANLE, fHE CLIENT 15 RESD'ON5It" TOR 56ff IN6 ANY PLANf5 WHICH ARE HEAVED OUT Of fHE 6ROUN0 IN WHOLE OR IN PART BV 61,11,04 GHAN685. 7. UNSAf ISPALfORY `9PORMANCE Of THE PERENNIALS ANO WOUNOGOVER5 NOf60 BY THE CLI4Nf AKIO AGG,FfANLE OP THE PLANf INb 5NOUL0 I MMEOIAfELY BE OROUAf TO fHE AffENf ION Of THE LANVOLAPO ARGHIfEOf. ).0) WAECANfY ALL PLAN45 YIW BE OVAPAN1E60 f0 BE f?% TO NAME A5 1, 06LE0 ANO FREE KOM IN5EGf5, 0151A511, ANO MEGHANIGAI OAMA6E5 WHEN P6LIVEREO f0 fHE 61T6. ALL PLANf5 PILL BE GUARANTEED f0 R65U16 ACf IVE 600NTN IN iNE APPROPRI Afb 5EA50N NO f0 SURVIVE POR A MINIMUM Of ONE YEAR APf,R ACL6PfmGC BY THE LLIENf, PROVIVI, fHE KEGOMME060 MAINIENANGE PROGEOL'RE5 ARE POLW160 BY fHE CLIENT. MAINTENANCE INLLUPOA, BUT I6 NOf LIMIfIT f0 YATECIN6, "Rf IIIZING� MIriLNIN6, PRUNI N6, PROfeGfIN& FROM ON6EASON01,1 1IAfHRR ANO ALL ONCE NORMAL GULfVKAL 111111615. W K 5 $ Sy z a: 5$ g �a ga sm R3 �OW w GE R0015 ,-6Ef P1,00 Al 5AME LEVEL A5 GROWN IN CONTAINER w �ELEVAtE 06P 2-1' AOOVE PIN1511E0 6RA0E V' :' E i PEKENN 1 AI- CI W I N6 WA I I- NO1 fO 5GALE U5E ONLY LOCALLY GROWN NUR5ERY SfOGK M1 Gi0L1rT3i1@!1M.1JM l.i'!l� ! 'III 1, 1'•I. P PI 6NKH nAV I N6 PETAL NOf f0 564E U5E ONLY LOCALLY 69OWN NURSERY 5fOGK ORANGH66AONLYO OROKRN� _Qo 110111, I'll I1K TREE WKAP REMOVE P0LL0WI W6 ME 9 - 1' 511RE00E0 HAROWOYO MULGH PIN15HE0 GRADE 0015fUR6E0 5UBbRAOE INLORPORAf. 10-12 OZ. Or TERRA 50R5 AG PER GU. Y0. OP BACKPILL `OK BERM IN5fALLAf ION5 -0 HAKOW0UP MULGH Z j a 6VAOE1) E06E < — PIN15KCP AMR S L m • _ N 1 Al POLLOW1, p HROOM GOMP05f E66 501O NG z Z!'• svow6m . O 1,1tvrs w i®xTT WIp- U 5L16NfLY A00VEOF INISNEOfJAOE QQ K —PREPARE 5' 5AULER AROUND A MIN. PLANf INb PITPERT METE U Go 7 W -BAGKP ILL III WITH AMENOETOPSOIL PL000 PI1 f0 ELI M INAfE AIR POI1n } W Z � � z ZF 5YN1HE11G G0R05 ANO TWINE 0 R00f BALL ANO TRUNK = J } U>WZOMy _o Z �2iW LW. 'OE GALL ON UN015fUR0E0 O O U O —uNi2 H z / 2 a Q K H U W MAA5EEININN051/26H w 26O A2'2RY 066 fOK SfAKIN& EE 6ENERAL NOfEl7 5HEEf5 1-1.0 U Q 2 IEf fOP Of KOOf GALL 5LI&TnY w 150VE PINISHEO &RAPE ISSUE PREPARE A 5' MIN. 5AUCER AKOUNO TO PLAN11N6 PIf PERT MEf,K M LUf SYNfHEf IG G0905 ANO TWINE O PROM KOOf BALL ANY fRUNK U BAOOOIOIi f0 E11.1MINAfEOAIR1000KE15 j O Q 5U06RAOE OALL ON UN0151UR0E0 0 111E PI�ANfIN6 DEfAI� NOf f0 5GALE U5E ONLY LOCALLY GROWN NU15ER1 51111 s&d,.pU e.C,1 xepnxedBy: Joe.,n�zeaso TON¢t CT,,Hm. — -- 9�k. `ftcensecNa.W SM0228 L003 urvosL003 LANDSCAPE SPECIFICATIONS WfloN 00004 WoINb PARf 166N M I.N "WIPIION A. PROV I" STOP" LAWN5 A5 51HOIN AMC 5PEGIf IEO. fHf WORK INGLUOE5. I. 501E PREPARAf' ON. 2. 5EE01 Nb LAWN5, ANO Of HER I11016060 AREA6. 7. NULCHIN6. 1. TOGON01f IONIN6 EX15f, IN6 LAWN5. 6. RELATED WORK: I. 5E1I I ON 00000: 1ARiNYORK. 2. OR" ON 0000150001N6. 7. 5CGf ON 00002: TOM5 ANN 5W 0 PANTIN6: /. 6E6f ION 00005. FORM IAL: ORNAMENTAL 6RA66, WOUNPGOVER PLANf INb 1.02 OUALIfY A55URANGE A. VMPKY WITH 6EGf ION 00001 REOUIREMENf5. 6. COMPLY WIN ALL ILL IN015 STATE GERf INGAf ION 5EE0 5fANOAR05. 1.07 DELIVERY: 616RA6E: A. NIA. OO IVER 6EE0 ANO FERf ILIZER MAfERIA1,6 IN OR161NAL UNOPENED GONQ1N0R6 PH IIN6 VO16Nf: ANALY516: AND NAME OP MANUFACTURER. 5fORE IN SULN A MANNER f0 PREVENT IE1f N6 AMC XMIORAf ION. SOWINUf 66VION 00009 - SEEPING 7.01 OVOIN IfI NINE EX15f IN6 LAMN5 A. ANALYZE TWO GON01f ION OF KAM IN6 fURF AREA6 f0 KOMA IN ANO 08f6RMIN6 fNE 6Xf6Nf OF WOR66ARY FOGONP1f IONIU. PROVIDE UNIT 605f AMP ESf IMA16 Of WORK. OBTAIN ONNER•5 APPROVAL p WOK TO GOMNEWEMENf Of WORK. 0. ROW MIN 6XI6f INb LAWN AREA6 PAM660 MY GONTRAGfOR•6 OHIO TION5: INGWOIN6 5T 60 OF NAf6RIAL6 OR 60UIPMENf ANN MOV6N6Nf OP CONSTRUCT ION VEM GI.ES� ANO OX1Sf INb MIN AREAS A5 IN01 GAfE0. G. N.H. FERf ILIZER, 564P A 0 501� AMON-11 6 A5 5P6GIPIEo POO NOW LAWN5 AND A5 900190 f0 PROVIVE A 60160VOMY REGONOIf IONEO LAMN. PROVIDE fMOH, A5 REOUIREO TO MI, LOW AREAS AMP MOOT NEW 'IN1511E0 MORA. 0. GULf IVAfO CARE ANO GOMPAGIOO AREA5 THOROUGHLY. E. REMOVE 016 AVV OR UN6Af16fAMIZY LAWN ARM. 00 NOT BURY INTO 601L. REMOVE fOP50IL CONfAININ& FOREI6N MAIERIAL6 RE5WfINb NON CONTRACTOR-5 ONRAf IONS INGWPI0 OIL PRIpp I N65: SfONE� GRAVEL: ANP OfNER GON51RUG110N MAfER I ALS. F. 1NERE 5UB5TANf IAL OUT THIN LAWN REMAINS RAKE AERATE IF WNPALTOP OR WLf IVAf6 501E FERf IL116 AMP 5EE0. 7.05 NA'NfENAWE A. MAIMIMN66 OF INO-UP ANN AGGEPfIo SEOOEO LAWN5 YIW BE PERPORMEY BY fNE O1NE9. 7.06 AGGEPfANGE A. 5EE060 AREAS WILL OE INSPECTED AT GONPL6f ION Of INSfALLAf ION AMP AGGEPf60 5UOJE6I f0 COMPLIANCE WITH 5PEGIP'EO MAT¢ MA AMP INI ATION REOUIKEMENIS, 0. SECf IONS Of fNE WORK MAY 66 AGGEPfEO WHEN COMPLETE UPON AXR QfNf Of fNE OWNER'S R6PRE6MVIVE ANN THE WN1RAGfOK. G. UPON AGGPIANGE: fHf OMAN WIW A5WM( LAWN MAINf6NANG6. 1.04 No"Of GONOIf100 7.07 MANIN6 VIOLA A. WORK NOT If LAf ION: NOf IfY OWNER'S REPRESENfAf IVE Af LEASf f1VE WWORKIN6 PAYS PRIOR f0 Sfdf Of 5EEOIN6 OPN019NS. A. PORPORN GLEANING PUT 0, NOf06f EX15f IN6 Uf1L1f165: MINA, AMP MAR V0IH,ITIES PROM PAMA66 GAU611 Y AOKI' 6 WORAIION5. RIN6 INSfALLAf ION Of fNE NORl AND UPON GOMPLOf ION Of fNE WORK. REMOVE FROM 511E ALL EKGE55 NAI6R TAW: 0UIPNENT. REPAIR R05ULf IN6 LRAM 6Ee01 NO OPERAf IONS. , G. PERFORM 50EOIN6 WORK ONLY AffN PLANf IN6 ANO OTHER WORK AFFEGf INb 6ROUNO 5URFA6f HA5 BEEN COMPLEfEO. OEBR15: ANO lO 0, f" OM OO 15 RIVON510LE POK RE51RIG11 9 6 fk-16 PROM LAWN AREAS UPON NOTIPI AfI ON OF GOMPL6110N Of wool. ENO OP 6EGTION 00004 e. PROVIDE H056 AMP LANN WAMIN6 EOUIPMAM A6 R MIR60. OWNER TO PROVIOE WATER ON 61fE. NO RATTY A. NO 6ONfRAVOK WARRANTIES ALL 6APOP AREA5 f0 BE I145f-00 A609PINO TO 5PEGIPIGAf ION): WITH, A06EPf6P 6Y OWNER'S ROP9656NfAf IVE 6. 015GLAIMQ - AM Of 60V AMP OIHOR 01101f IONS 6EYONO THE LAN05GAPe COMAMOR'6 GONTROL 5WN A5 VANOA1,I5M 5HALL NOT 0E fNE R65VftIBILIfY Of THE LANP5GA➢E COMA4fOR. ANY OVER-6EEOIN6 OR K64KAPINb GOKMOU00 f0 V15 NU5f BE IN AP01110N TO fH6 GONfKAGf AMOUNT. SECTION 00005 /- 5 0 0 01 N 6 PARf 2 PROOU"6 NAf4R1A" A. LAWN ARM MOMMONOAf ION OP 5E60 NIX FRON LOCAL EXf6N510N 5ERVIGE FOR THAT AREA. MAN: GLEAN, AMP NEW GKOP 5EE0 M'XfoV. PARf I GENERAL 6. 56f0 TYPO: A5 VRHlf16V ON WAIIN65 OR REGONMENMEO FROM LOCAL MON510N 5ERVIGE. I.01 065GR IPf ION A. PROVIDE 500NO KAROO A5 SHOWN AMP ONVIPIEO. fNE WORK INGWPES: G. f6Rf ILI ZER: I. 601L PREPARAf ION. I. GRANULAR: NON-6URN'Nb PKOOUGf LOMP05E0 OF HOT LE55 1NAN OR6ANICi 5WN AGf INb: 6UARANIEEO ANALYSIS PROPE551 OVAL PERf LIZEK. 2. 50001N6 LANNS. 6. RILAfEP WORK: 6 A' 2. STARTER PERf 11,116E CONTAIN INb 57.. NI boom: 20% PH05PNORIG AGI O: ANY 202 PD1A5N BY IEIbNf: OK 51 MI VAR APPIVORY COMPOST ION. I. SEGf ION 02200: EARNIORK. 0. MIT V: fYP6 / M6fH0Y 5PEGIP160 ON DRAWING 2. 6EGf ON 00001: 6PROIN6. I. AMR GLEAN OAT OR WI AMR, WELL 6EA6ONEP BEFORE BALING: TREE FROM MATURE 5EE0-6EARING 5fALk5 OR ROM OF PROHIB1fE0 OR NOXIOUS 16695. 6N0UL0 BE FREE Of ROT ANO MILOEN. 7. SEGf ON 00002: TREES ANO SHRUB PLANf N6 1. 56G110N 00007: PERENNIAL: WNAMENfAL 6KA55: 6ROUN000VER PANTINO 2. HYORO-6E60 :06WI0N KINK MUWH 09 TOTAL. 7. EROSION BLANKET: NORTH AMERICAN 6966H 5G 150: GURLE% OR APPKOV60 EOUAL. 1YPIGAL ROLL TX90' h2050' 1.02 OUALIfY A66URANGO E. WAfMR: PNOE OP 11110NGE HARMFUL f0 VON GROWTH. N0616 YK ofH9 MEfHOPO Of fRANSPORfAf ION PURN15NE0 BY GPMfMfOR. WATER NOVINO BY OWNER ON 51 TO. A, COMPLY WITH SEG110N 00001 REOUIRENENI 6. 500: COMPLY WITH AMORIGAM WP PROPUGER5 A55OGIAf I ON (ASPA) GLA5565 Of 600 MAfNIAL5. PARf 9 EXECUTION 7.01 IN5P6Gf ION A. EXANIN6 FINISH WK06E5: bKAME fOP5011, MOM AND VIM. 00 NOf SfARf SEEPING WORK UNTIL MAfIVAVOKY 00N01f IONS ARE GORR¢GffP. 7.02 PR¢PAKA110N A. LIMIf PREPARAf ION TO ARAS WNIGH MILL BE IVMEOIAf6LY POMP. 6. 1,0066N ITP601L OF AWN ARM f0 MINIMUM OATH Of 7': IF UMPAG40. REMOVE 6TON66 POCK I- IN ANY NIKN510N: 5f IGK6, 900f5: KU66'SH, AMP MIZAWOU5 MAffk. G. APPLY fAfILIZOR f0 INOIGA49 TURF AREA5 AT A AM EPUAL TO 1.0 L6. OP AGIUAL N'fROM PER 1:000 60. ef.(220 LBS./AGKf) D. W06 LAIN ARM f0 A SMOOTH: NOV PKAININ6: ROOM SURFAGO WITH A 1,005E: MOOERAIELY COARSE Mfm. E. RE6fOKf PREPAROP ARA6 f0 SPELIFIOO GON01f ION If EROOEO: 6EfSVO: OR OTHERMI6E 9I6%0 0 AHER FIND 6KAOIN6 ANN PRIOR TO ARM MO. 5.07 INSfALLAf ION A. SEIOIN6: I. SE60 IMMAIAMY AHER PREPARATION Of BED. 59IN6 AIM% 6Ef1OEN APRIL I ANP JUNO 15 AMP TALL 6PEOIN6 6EfMEE1i AU605T 15 ANY 00060 15: OR Al 5UGH MOP 11M65 AZAPTAOLE f0 THE RMOK-6 REPR66OVA11VE. 2. SEEP INOI LAfOO AREAS WITHIN GONfRAGf LIN1f5. ARMOUT610E GONfRAGf LIMIf5 O'6fURBEO A6 A RE5ULf OF LON5TRUGf ION OFERATI0N5 I'W 06 GNAR660 AGGOROINb f0 AREA AMP IN AOOIf ION f0 GONf M. 7. APPLY 6Ee0 WITH A ROTARY OR OKOF TYPO NAM WfOR. IN5fA1,1, 66E0 EVENLY 6Y 50MIN6 EOUAL OUANf If I¢G IN f10(2) OIR6Gf IONS: AT R'bNf AN6LE5 f0 6AGN MIR. /. 601 GRAM 56¢0 AT A KAf6 REGUMMONOEY BY TYPE OF 5E00 HAIN. TYPICAL 01,U0RA55 AMP -5 LA. PER 1000 5O' 5. HOW ORM SEEO INTO TOP 1/6' Of 501E AMP ROLL. 6. MULGHI N6: I. P GE 11KAN :f1/ER MULCH : OK 11011 ON BLANKET ON SEECEO AREA5 WITHIN 21 HOURS AFTER 5E40INb. 2 PAGE 51RA1 MULCH UNIFORMLY IN GONIINUOW /LANKe1 Af THE RATE Of 2.5 fON5 PIK AGRE' 00 2 BALA NO 1:000 60. If. OF AREA. A MECHANICAL ALVIA MAY 06 NOV 'OR 6feAM MULGN APOL'GAL I ON WHEN AW6P1A6M f0 fHf OWNER'S KkNIlEN1A1IVE. 7. 5EGURE 6fRAUW56W TO 601100 OR VR0 06MEfN006. MAY 06 05E0 IN AOU6005 MIXfUK6 Al NO RATE Of I5o L65./AGRE. 1. 5EGRO MAIN BLANKET f0 501E A5 PER MAWIPAMP095 5P6LING010N. '.07 5U6NIffALS A. 6UOMIf 600 bKOWN'5 GERf IFIGAf ION OF 6RA66 646166. IOENf IFY 60URG4 L0QfION. 1.04 OELIVERY: 5fomo, ANN NANOLI Nb A. GUT: VO OW OR ANO INSTALL SUP WITHIN A 21-HOUR PERI00. I. DO Of HARVESf OR fOANSPORf 601 WHEN MONfUR¢ CONf¢Nf NAY AOVERS¢LY AFFECT 605URV IVAL. 2. Of SUP NON PIHYORAf ION PRIOR 10 IVAfALLAf ION. 1.05 Nool'of GONO'f I0N5 A. IOP.K NOf IFIGATIONr NOf IFY OINER'6 REPRE6¢N1Af IVE Af LEASf FIVE (5) MORKI N6 OAY6 PRIOR f0 ATM Of 60001N6 OPERAf IONS. 6. PROTECT 6X15f IN6 Uf ILIf IES� PAVI N6: ANO 0 1NER PAGI Llf l65 PROM OAMA66 GAW60 6Y 500PIN6 OPERAfIM G. PROV TOE NOG¢ ANO LAMN WATER INb 40UIPNENf A5 REOUI EEO. PION f0 PROVIDE WAf6R ON 51% 1.06 MARRANIY A. P'66AIMA - AG15 Of 600 AMP OfHA CONOIfION6 06YONO NO LAN05GAPE GOMAGfOR•5 GONfRM OWN A5 VANDALISM 5HALL NOT 0E fNE KOV 461011,IfY Of fNE LANP6GAP0 CONTRACTOR. ANY RE-50001N6 OR III- WA01W GONfRIBU40 TO TN15 WAIT 6E AN AOC'TION TO fNE CONTRACT AMOUNT. PARf 2 PROOM6 1.11 MATERIALS A. 500(f VE VAR Bf0Emw 6 OF NO, LOAA6)509 NURSAY ANO UNL665 OIHERMISE INNGAf60 f0 0E A(5) PIV6 WAY MINIMUM BLUEbKA55 UL6NP. 6. PROVIDE MEW ROOfW: 4, MY 50P. PROVIDE 500 UNIFORM IN COLOR: LEAF fllfURE� 0EN51fY ANO PIVEWPM6Nf WHEN PLANfEO. I. FURNI5N 500 UNIFORMLY NAGNIN4-5fR IPPEO FROM 7/M' - I I/2' fNl Gk WI1N GLEAN GUf 406VA. G. fERf ILIZER: I. OKA.AR, NON 6UKNIN6 PROOUGf 60111 Of NOT LE55 THAN 507. MANIC 51,01 AGf IN6, 60AKAMOO ANALY616 PR0006IONAL ,NMINK. 2. ATARf4R I'MILIZER 6ONfAININb 52 N1996EN: 10% PH06PHOR16 AGIN ANN 10% POfA5N 6Y 1E1611f: OR A6GOROIN6 fO SPOGIAL PROV1510N5. P. A16K: FREE Of 5U65fANGE KIM [, TO 509 MATH. HO%0 OR OTHER MMON5 OF TKAN5PORfA110N fURN15HIO 6Y GONfRAGfOR. NOVO MILL 6E PKOVI0E0 BY NO PRIOR ON SITE. GONE INUf SEGf ION 00005 - WPM PARf 9 EXOMION 5.01 I45POGf ION A. OXAMINE KIWI AN %IZMOO� 6RADC5: 01`0011, OUALIfY: ANN VIM, 00 NOT SfARf 60NINO WORK 'UNf IL UN6Af I6fAGTORY GOMMION5 ARE GORREGfEO. 7.02 PREPARAf ION A. 0 If PREPARAf ION f0 AREA5 MHILN WILL 0E IMMEDIATELY 600019. B. ROfOf ILL forty OF LANN AREA5 f0 MINIMUM NFIM Of 7' If GONPAGf60. 9EMOV6 STONES OVER I' IN ANY O'M6N5'ON Sf IGKS Rom RU0615N ANT M ANEOW MAIM. 0. APPLY f�Rf ILI ZER AT TNT KAfO OWAL f0 1.0 A. Of ACTUAL If ON PER 000 50. ff. (220 LBS./ACRE). APPLY fER11LIZER BY NEGNANIGAL ROTARY OR PROP TYPO V'STR'OUfOR: TMOROUbHAY AMP EVENLY INGORPORAfO I1 IN10 THE 501E f0 A DEpfN Of 9' 6Y 0151IN6 OR OfHN APPROVED 0614005. FERTILIZE AR A6 INACCE55I BLE f0 MOO EOOIPMENf WITH HANG TOMANO INCORPORAfE If IN10 501L. E. 6RA06 AWN ARE0 f0 6M00TH NAP PRAININ6 AND OVEN 6URfAGE WITH A 1,005E UNIfORNLY FINE MIUKE. F. R65TORE PREPARED AMA TO WEGIf IEO WHOI(ION IF POMP, 5EffLEO: OR OfHfK W16E 0160K6E0 Aff6R FINE 6RAOIN6 AMP PRIOR f0 50V0'N6. 7.07 IN5fALAfION A. TINE OF IMAM ACON: fNE AG6EPfABA fIME f0 INSTALL WO AMR BE GON510ERE0 'IN SEASON' ARE A5 POL0N5. I. 5PRIM6 - NOM fNE fIME fHf 501E 15 WORKABLE ANO 600 15 BE IN6 HARVE5fE0: UNTIL JUNO 15fH. 2. TALL 00-��NOI AM6f I51N f0 NOV6WN 15f. LAN05GAp6 ARMHIfAGf (LA)I OP WITH MM APPIIf IONAL0GON01flOW A5 POLLON5� IN5fAW 500 AT fN 15 TINE NIiNOUf APPROVAL OF I. JUNO I6fH f0 AU6U5f IffN A. W f0 6E IRRI6AfE0 OY AUfOMAf IG SPRINKLER 5YOKM OR 0. 500 f0 BE I99I6AfE0 6Y MANUAL MO" WITH 5UfPIGIENf 8UANflfI0 Of H05E ANT 6PRINKMR 11606 W A5 TO KEEP w W5H AMP NEALfHY UNTIL LINE OF ON ITT INb ANO NOMIN6 MAINTENANCE MAO TATUM. WATERING f0 BE MONIfOREO OAIMY. 2. AffA 0 VEM6ER ISf. 500 MAY ONLY BE INSfAWA WITH U APPROV�1L AMP MILO fENPERAfURES / WHOI(IONS EXISf. 504 MAY NOT 6E INSfAWEO ON FROZEN 6ROUN0 ANO UN11L PI NAL (PINOJ GRADING ANT bROLWP PREPARAf ION NA5 BEEN APPROVED FOR 500 IN5fALLAf10N BY LAN0VAN ARGNIfEGf. /. 50001N6: I. AY 500 f0 PORN A SOLID NA55 1'fN flGOUMPI1fP0 J01 N15. 6UO ENOS ANN 5'0E5 OF 500 61RIP5. 00 WA OVERAY 60615. SfN6fop STRIPS IT HIPP54f JOI OUK IN APdACfNf GOUR505. R4MP1E E%G055 S00 f0 AVOlO 9MOfNER IN6 Or ADJACENT 6RA55. PROVIDE 500 PAT fop fWSN IN AOJACEON 4UR05: 5'OEIAM DRAINS: ANO SEEOEO AREAS. 2. INSTALL INIf1AL RON Of A IN A O ANO H1 LINE: BE6INNI NG VI BUffDN OF 5LWO5: PO9P6NOI WEAR f0 01 REG110N Of NO 5LOPOo AREA. PAGE 5U6560UWIT ROWS ARALL6L f0 ANO LIGHTLY A6A'N5f OM GUSLY INSTALLED ROM. 7. TAMP OR ROLL " ROLLER f0 ONSURE G R AY N6fN 5U6- 6RA00 501 L. /. WATER 500 ONOROUM TOR 20 fTO VOW LAYINb. 5. 60,K1 500 ON SLOPES OVER 2:1 11 V AVOW. G. 500 INOIGAfEY AREA5 WITHIN 40NfRAf LIMIf5. AREA5 OUf510E 604fRA4f LI N1f5 015fUR0E0 A5 A RE5ULf OF GON5fRUG110N PPERAf ION5 ARE f0 6E CHARbfO ACLOR01 N6 f0 51 ZE Of AREA. 7.01 MAINIENANo, A. MAINfENAWE OF I0fA1,E0 AMP AGCEPfEO AMOK AWN5 WILL BE PERfORNEO by fNE OWNER. 5.05 ACCEPTANCE A. 500000 AREA5 WILL 66 IN6PEGf00 AT 60IIPLEf10N OF INSfALAfION ANO A66OMD 6U6J4Gf f0 GOYPLIANGE WITH 6PEGIFI0 NAfERIAA ANO I NSfALMION REOUIREMENfS. 6. IN5P6Gf ION f0 Of1ERNINE AGG6PfANG6 OF 50000 1,00 NIW 66 MAN 6Y fHf UMN4R'6 41`90-Af IVE, UPON 6ONfRAGfOR'9 RE0045f. I. APO 00 AREAS MILL 6E AGUPfAOLE PROVIOEO ALL KEOUIREMENfS NAVE TEEN GOMPLIEO WITH: AMP A HEALTHY: EVEN GOWAN VIABLE LAWN 15 PROVIOEO. G. SEGf I All OF fNE WORK MAY 6E AGGEPfIV WHEN GOMPL6fe UPON AIFIIMENf Of fNE OWNER•5 REPRE66NfAf IVE ANN fNE GON1RAGfOR. 0. UPON AG6 6PfAW6, THE ONTO MILL A55UME LAWN MAI NfENANGE. 7.06 ELANIN6 A. PERFORM GLEANIN6 PURIN6 INSfALAfION OF NO WORK ANO UPON GONPLEf ION OF THE WORK. REMOVE FROM AM ALL ROMA MAf6RIAL5: IOBR16, ANO EWIPMONf. REPAIR VAWA6E RE5ULf IN6 FROM 50001 N6 OPERAf IONS. ENO Of SECTION 00005 m skaNdsrvpe Tea, OAP.`ft -, AP.W SM0228 L004 Staff Report for the City of McHenry Planning & Zoning Commission Petition: Z-978 Address: 5520 W. Elm St, McHenry, IL 60050 ("Subject Property") Site Information: The Subject Property consists of 4.49 acres, more or less, and is located on the northeast corner of Elm Street and Ringwood Road. Hearing Date: December 16, 2020 Applicant: Graham Enterprise, Inc, of 750 Bunker Ct., Suite 100, Vernon Hills, IL 60061 (Property Owner) Request: A Zoning Map Amendment to C-5 Highway Commercial District, a Conditional Use Permit to operate an Automobile Fueling Station and future Drive-Thru quick service restaurant, and various Zoning Variances including but not limited to site lighting, building perimeter landscaping, and any other variances required to effectuate the proposed gas station and convenience store with a drive-thru car wash. Aerial r 3 _ 1 L - x and the G-T'SE% Wornmu C-. c Open%eetMap 100 200 400 Zoning Map Current Zoning C-2 Neighborhood Commercial Zoning Districts - E Estate RS-1 Low Density SFR M RS-1A Medium Low Density SFR RS-2 Medium Density SFR RS-3 Medium High Desnity SFR RS-4 High Density SFR RA-1 Attached Residential RM-1 Low Density Multi -Family RM-2 High Density Multi -family Mu Mixed use C-1 Convenience Commercial C-2 Neighborhood Commercial C-3 Community Commercial C-4 Downtown Commercial m m t C-5 Highway Commercial BP Business Park ra er Rd v p 1-1 Industrial y 0-1 Local office 0-2 Office Park USGS, IDD Integrated Design moFee HC Health Care A-M Agriculture Mining Overlay 250 500 1,000 and A-1 Agriculture Future Land Use MapDesignation: City of McHenry Future Land Use Map Medium -Density Residential Commercial f Office Commercial Institutional FutureLandUse Commercial Commercial Low Density Residential Environmental Corridors Medium -Density Residential )Commercial Parks and Conservation Area Industrial f Office Water Agricultural Commercial' Institutional Commercial - high-Denisty Residential AM E►,,, f Estate Residential m �r ❑1 = Ice - Commercial .. , .... -. -Municipal - Integrated Design District Agricultural 5ourc9PWTPRF.q#nin. 1=A&�Ng�gal _ Industrial Fee Business Park 250 500 1,000 Other 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 petitioner, Graham Enterprise, Inc. ("Property Owner") is requesting approval of the following zoning items: A Zoning Map Amendment to C-5 Highway Commercial District; a Conditional Use Permit to operate an Automobile Fueling Station and future Drive-Thru quick service restaurant; and various Zoning Variances including but not limited to site lighting, building perimeter landscaping, and any other variances required to effectuate the proposed gas station and convenience store with a drive-thru car wash. The petitioner is proposing a two -phased development project: Phase 1— Construction of a 5846 square foot Convenience Store with 9 fuel pumps, and a car wash. Phase 2- Addition of a 1650 square foot Drive-Thru Quick Service Restaurant. The original gas station and property on the subject property were annexed and granted a conditional use permit. The subject property has remained vacant for approximately ten years. The petitioner entered into a development agreement with the City in 2018 which required the petitioner to demolish the existing structures on site and receive approval of an occupancy permit no later than December 31, 2020 in order to receive a sales tax rebate. The nearest gas station is located approximately 0.85 miles to the east of the subject property. The proposed development is in substantial conformance with parking requirements with 74 spaces provided and 30 required by code. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Zoning Amendments, listed in §11-5-5 of the City of McHenry Zoning Ordinance. • The petitioner must meet the Approval Criteria for Conditional Uses, listed in §11-15-5 of the City of McHenry Zoning Ordinance. • The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance. • Applicable Outdoor Lighting regulations can be found in §11-16-4 of the City of McHenry Zoning Ordinance. • Landscaping and Screening Standards can be found in §11-13-1 of the City of McHenry Zoning Ordinance. COMPREHENSIVE PLAN OBJECTIVES AND POLICIES Overall, staff believes the proposed development is consistent with the City's Comprehensive Plan objectives and policies. Staff comments italicized. • Land Use, Objective — Allow a mixture of land uses in appropriate areas to promote responsible growth while providing a high quality of life to the residents. (p. 27) o Policy — "Preserve and expand areas of commercial land use." ■ Approval of the applicant's request would promote the preservation of existing commercial land uses by allowing commercial land use to expand and continue without negatively impacting the surrounding area. The site has remained vacant for over ten years and the City would benefit from the site being improved with landscaping and other on -site amenities. • Unique Character, Objective — Promote land uses that allow the expansion of services for residents. (P. 28) o Policy — "Locate intense commercial and office uses where they will not negatively affect residential or open space uses." ■ The proposed development is located off a state route and is not directly adjacent to other residential properties. Approval of the request will not negatively impact residential or open space uses. STAFF ASSESSMENT The petitioner is requesting approval of several zoning items. Please see staff comments and recommendations below for each item. 1. Zoning Map Amendment from C-2 Neighborhood Commercial District to the C-5 Highway Commercial District. The future land use map recommends the west half of the property remain commercial while the east half is used for office space. Although inconsistent with office land -use on the east half of the subject property, the demand for office space has generally decreased over the years. This decline in office space demand has also been accelerated due to COVID-19 as well as working from home becoming a more accepted work arrangement. Staff believes this trend will likely continue for the foreseeable future. The surrounding land use consists of Parkland Middle School (north), an office complex (east), vacant land (west and south, currently being farmed), and Illinois State Bank (southwest). A 1.87 acre vacant piece of land owned by School District 15 provides a 142-foot buffer between the proposed commercial zoning and the school. Staff believes the C-5 Highway Commercial District is an appropriate zoning designation given its proximity to IL-120. Staff does not object to the petitioner's request and recommends approval. La APPROVAL CRITERIA FOR ZONING MAP AMENDMENTS (§11-5-5). Staff comments italicized below. A. Compatible With Use Or Zoning Of Environment: The proposed use(s) or the uses permitted under the proposed zoning classification are compatible with existing uses or existing zoning of property in the environs. The subject property is adjacent to a state route and C-5 Highway Commercial District zoning is appropriate. The prior use of the property was a gas station and car wash, the proposed use of the property for commercial purposes is compatible with the C-5 Highway Commercial District. B. Supported By Trend Of Development: The trend of development in the general area since the original zoning of the affected property was established supports the proposed use or zoning classification. The proposed change from C-2 to C-5 is supportive of the proposed use of the property. The subject property is adjacent to a state route and would match the growing trend of C-5 Highway Commercial Zoning along a state route. C. Consistent With Comprehensive Plan Objectives: The proposed use or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the plan. The proposed use is similar to the prior use of the property as a gas station for approximately 15 years. The comprehensive plan supports the continued use of the property for commercial purposes. Although the future land use map recommends commercial office space on the east half of the subject property, the demand for office space has been in decline in recent years and is now accelerated by COVID-19. This is also accelerated by work places becoming more amenable towards working from home. D. Furthers Public Interest: The proposed use or zoning classification promotes the public interest and not solely the interest of the applicant. (Ord. 86-382, 12-22-1986) The nearest gas station from the subject property is approximately 0.85 miles east. Staff believes the proposed zoning map amendment supports the public interest by allowing a gas station on the west side of McHenry to serve the City's residents in the area. If the Planning & Zoning Commission agrees with staffs' assessment, then staff recommends the following motion: MOTION: I motion to approve the petitioner's request to rezone the subject property from the C-2 Neighborhood Commercial District to the C-5 Highway Commercial District AND by making said motion, I agree with staff's assessment as outlined in the staff report that the approval criteria for Zoning Map Amendments have been met. 2. Conditional Use Permit to allow a Drive-Thru quick service restaurant and gas station on the subject property. Both Gas Stations and Drive-Thru restaurants are a permitted conditional use within the proposed C-5 Highway Commercial Zoning District. The southwest portion of the property was previously utilized as a gas station for an approximate 15 year period. Staff does not believe that approval of the request would create any adverse impacts on the surrounding properties. The proposed future drive-thru quick service restaurant is another automobile oriented use and staff believes is compatible with the surrounding environment. However, staff does have several concerns with the overall site plan that have been outlined in the table below. The City's Staff Engineer has also recommended several revisions to the access on Ringwood Road (see section 2.A). Site Element Proposed Staff Concern Recommendation Pedestrian Staff could not identify any With Parkland Middle School The petitioners should Accommodations pedestrian accommodations to the north of the subject consider revising the site to access the site from the property, staff believes there plan to include side walk to the west and is a high chance of children pedestrian south. accessing the site. Staff accommodations from recommends pedestrian the west sidewalk accommodations be added leading to the such as crosswalks within the convenience store and site to allow for safe from the south sidewalk pedestrian travel to the leading to the convenience store. convenience store. Pedestrian The petitioner has removed Pedestrian accommodations The petitioners should Accommodations a section of sidewalk along are not adequately being met consider revising the site the west side of the building for the parking area directly plan to add the sidewalk in the future drive-thru site west of the building. onto the west side of the plan. building. Site Ingress/Egress Full Access on 120 and Staff is concerned a full Right -in Right -out only. Ringwood access on both Ringwood and 120 would create a traffic hazard during peak hours. 2.A City of McHenry Staff Engineer Review Comments and Recommendations. The City's Staff Engineer, Greg Gruen, 2.13 APPROVAL CRITERIA FOR CONDITIONAL USES (11-15-5). Staff comments italicized below. A. Traffic: Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. Staff does not believe approval of the petitioner's request would generate any adverse traffic impacts subject to the condition that improved site elements are added and both Ringwood Road and IL-120 ingress/egress points are limited to right -in and right -out only. B. Environmental Nuisance: Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. Staff does not believe approval of the petitioner's request would generate any environmental nuisances. Located on a state route, the proposed auto -dependent uses are appropriate for the area. Staff believes any impacts have been mitigated as a result of the buffer between Parkland Middle School and the proposed development. C. Neighborhood Character: The proposed use will fit harmoniously with the existing natural or manmade character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. The surrounding land use and zoning consists of commercial and office oriented uses. The site was previously occupied by a gas station and the new landscaping associated with the development will increase the aesthetics of the vacant property. D. Public Services and Facilities: The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. The site is presently serviced by City Water and Sanitary Sewer. E. Public Safety and Health: The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. Staff does not believe the proposed use will generate any adverse impacts on public safety and health subject to appropriate conditions as outlined in the staff report. F. Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. Staff believes the proposed auto -dependent uses are appropriate due to being located on a state route. A buffer is provided between the subject property and the school to the north. Overall, staff believes the proposed uses are compatible with the surrounding uses. If the Planning & Zoning Commission agrees with staff's assessment, then staff recommends the following motion: MOTION: I motion to approve the petitioner's request for a Conditional Use Permit to allow a gas station and drive- thru quick service restaurant on the subject property subject to the following conditions: The property owner shall be required to add pedestrian accommodations including but not limited to crosswalks and other on -site amenities, as determined by the Zoning Administrator, to allow for safe pedestrian access of the convenience store from Ringwood Road and Elm Street. The property owner shall design point(s) of access along Ringwood Road/Elm Street which shall be reviewed and approved by the Director of Public Works or Staff Engineer. 3. The pFepeFty nwAfner shall install building peFimeteF landscaping as FequiFed by the City of Mr.HenFy's LandsGapin 4. The property owner shall revise the proposed future quick service restaurant Site Plan to include a sidewalk along the west portion of the building to be approved by the Zoning Administrator. 5. The proposed development shall be constructed to be in substantial conformance with the plans submitted and with the revisions outlined above. 6. All other state, federal, and local laws shall be met. (motion continues below) AND by making said motion, I agree with the staff's assessment as outlined in the staff report that the approval criteria for conditional uses has been met. (Staff report continues on next page) 3. Zoning Variations. The petitioner is requesting approval of several zoning variations that are outlined in the table below. Please see below for staff's comments. Proposed Ordinance Requirement Staff Comments Zoning Variance -Building 23 foot lineal feet of 5-ft wide perimeter (full Staff Feee........PIgd'; th Perimeter Landscaping landscaping on east length) composed of living petitioner comply with perimeter. plant material with a the 0-Fdonanee OF be minimum of 13.5 lineal feet to the prepared justify of shrubs on east and west ha side; and 32 lineal feet of shrub species along the front with remainder composed of living plant material. Zoning Variance - Bicycle None Required when parking Staff recommends Parking exceeds 25 spaces. complying with the ordinance. Zoning Variance - Lighting 69 foot candles under Under gas station canopy, Staff recommends canopy, and 12 foot candles illumination cannot exceed 40 approval. All lighting will in west parking lot area. foot candles. In parking areas, be required to be illumination cannot exceed 10 shielded and pointed foot candles. downward in order to minimize glare as required by Code. VARIANCE APPROVAL CRITERIA (11-19-5). Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. Gas Stations typically have greater lighting requirements and often exceed the maximum allowed illumination. B. Circumstances Relate to the Property Only. Staff believes this is a special circumstance as a result of the use of the property as a gas station which requires additional illumination. C. Not Resulting From Applicant Action. The proposed use of the property for a gas station requires additional illumination than most uses. D. Unnecessary Hardship. Staff believes if the city enforces the ordinance that it would cause undue hardship and potentially a hazard for the operation of the gas station. E. Preserves Rights Conferred By District: Staff believes this does not confer a special privilege for the subject property. F. Necessary For Use Of Property: Staff believes that without approval, the petitioner would be denied reasonable use and enjoyment of the property. G. Not Alter Local Character: Staff believes approval of the applicant's request would not substantially alter essential character of the locality nor have any other adverse impacts. Improvements to the subject property would positively impact the surrounding area. H. Consistent With Title And Plan: Staff believes the proposed illumination is appropriate for a commercial zoning district along a state route which is consistent with the Comprehensive Plan. I. Minimum Variance Recommended: Staff believes the proposed variance request is the minimum required. If the Planning and Zoning Commission agrees with staff's assessment as outline in the staff report, then staff recommends the following motion: MOTION: I motion to approve the petitioner's request for a zoning variance to allow 69 foot candles under the canopy and 12 food candles in the west parking lot area AND by making said motion, I agree with staff's assessment as outlined in the staff report and that the approval criteria for Variances have been met. Attachments: • Petitioner's Application Motion was revised during hearing application to include building perimeter landscaping as recommended by staff. NVFGroup Engineering • Design • Consulting November 20, 2020 Re: 5520 W Elm St. Ownership To Whom It May Concern, Below is the ownership of Graham Enterprise, Inc. Graham Enterprise, Inc. Shareholders/Directors Address Phone John C. Graham 750 Bunker Ct. Suite 100 847-837-0777 25% Vernon Hills, IL 60061 Eugene W. Graham 750 Bunker Ct. Suite 100 847-837-0777 25% Vernon Hills, IL 60061 Matthew X. Graham 750 Bunker Ct. Suite 100 847-837-0777 25% Vernon Hills, IL 60061 Patrick T. Graham 750 Bunker Ct. Suite 100 847-837-0777 25% Vernon Hills, IL 60061 Sincerely, *4101-- Matthew Ackerman WT Group I Design & Program Management I Project Architect 2675 Pratum Avenue 224.293.6333 Engineering with Precision, Pace & Passion. Hoffman Estates, IL 60192 wtengineering.com NVFGroup Engineering • Design • Consulting November 20, 2020 Attn: Doug Martin — Director of Economic Development 333 S. Green Street McHenry, IL 60050 Dear Mr. Martin, The proposed Trio Convenience Store and Car Wash is located at 5520 W Elm Street in the City of McHenry, IL. The Parcel totals 4.49 acres and is accessible from both Elm Street and Highway 120. The improvements include the construction of a new 6,057 SF Convenience Store with attached 1,650 SF Quick Service Restaurant, auto canopy, commercial canopy, 8,298 SF Car Wash, landscaping, and associated site work. The site is currently zoned as C-2 Neighborhood Commercial District. We are requesting the following Rezoning, Conditional use and zoning variances: • Rezoning to C-5 Highway Commercial District to allow a car wash on the site. • Conditional Use Permit for fuel sales. • Variance for landscape foundation plantings — For site safety, we are proposing moving the required front foundation plantings towards the perimeter of the site. This allows clear visibility between the interior of the convenience store and the site, helping maintain a safer environment. • Variance for signage — Due to the multiple services that the proposed fuel center will be providing, additional signage is being requested. An additional freestanding sign is being requested to differentiate between the car wash and fuel station. Eight wall signs are being proposed when two are allowed and would be distributed between the convenience store, car wash, and quick serve restaurant. One canopy sign is proposed to be .3 SF over the allowed and a directional sign over the entrance of the car wash is proposed to be one SF over the allowed. Additionally, three menu signs are being requested including one at the quick serve restaurant and two at the car wash pay stations as well as two ten SF promotional signs visible only to car wash patrons. • Variance for site lighting — For safety and sufficient task lighting we are proposing a maximum under canopy lighting of 69 footcandles, with an average undercanopy light level of 53.3 footcandles at the auto canopy and 27.52 footcandles at the diesel canopy. Although the zoning ordinance has a maximum of 40 footcandles, the Illuminating Society of North America recommends an average of 50 footcandles again for safety and the proper task lighting level. Additionally, the light level of the parking lot is proposed to be up to a maximum of 25.2 footcandles instead of the maximum 10 footcandles required. This increased light level is only located directly around the canopies, in the fueling area, due to the lighting requirements under the canopy. Sincerely, *—*a-- Matthew Ackerman WT Group I Design & Program Management I Project Architect 2675 Pratum Avenue 224.293.6333 Engineering with Precision, Pace & Passion. Hoffman Estates, IL 60192 wtengineering.com GRAHAM ENTERPRISE, INC. 750 Bunker Court, STE 100 Vernon Hills, IL 60061 Phone: (947) 837-0777 Wednesday, November 18, 2020 Re: Authorization To Whom it May Concern, WT Group is hereby authorized to act on my behalf in applying for zoning variance for the property at 5520 Elm St, McHenry, IL. Should there be any questions, please feel free to contact me at 847-899-4043. Sincerely, Brian D. Wente Senior Vice President Graham Enterprise, Inc. Subscribed and sworn to before me by Brian D. Wente this 18"' day of November, 2020 o Public: Kimberly Foster KIMBERLY FOSTER official seal Notary Public - $fate of Illinois My Commission Expires Dee 22, 2020 Graham: A Name Associated With Petroleum Since 1922. FORMA File Ntiniber PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street o McHenry, IL 60050 - Tel: (815) 363-2170 o Fax: (815) 363-2173 1. Name of Applicant Graham Enterprise, Inc. Tel 847-837-0777 Address 750 Bunker Ct. Suite 100 Vernon Hills, IL 60061 Fax 847-837-0778 2. Name of Property O►vnej• Tel (If other than Applicant) Address Fax The WT Group 224-293-6961 3. Name of Engineer Tel (If represented Address 267 Pratum Ave. Hoffman Estates, IL 60192 Fax 2 2 4- 2 9 3- 6 4 4 4 4. Name of Attorney Tel (If represented) Address Fax 5. Common Address or Location of Property 5520 w Elm St. McHenry, IL 60050 6. Requested Action(s) (check all that apply) x Zoning Map Amendment (Rezoning) Zoning Variance - Minor x Conditional Use Permit Zoning Text Amendment x Zoning Variance Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: We are applying to rezone from C2 to C5 to allow a car wash and applying for a Conditional use permit for fuel sales. We are also applying for variances including site lighting, reduction in foundation plantings, and eight wall signs instead of two, two freestanding signs instead of one, as well as a canopy sign that is .3 SF over the allowed, a directional sign one SF over the allowed, two additional menu boards, and two promotion signs. FORM A Page 1 of 3 7. Current Use of Property The property is currently vacant, but it's last use was for fuel sales and a car wash. S. Current Zoning Classification of Property, Including Variances or Conditional Uses The property is currently zoned as C2, Neighborhood Commercial District. 9. Current Zoning Classification and Land Use of Adjoining Properties North: C-2, vacant, with RS-3, school directly north South: C-2, agriculture East: C-2, office suites C-2, agriculture West: 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. x 1. Application Fee (amount) $ 950 x 2. Narrative Description of Request x 3. FORM A — Public Hearing Application x 4. FORM B —Zoning Map Amendment (Rezoning) Application x 5. FORM C — Conditional Use Application x 6. FORM D — Zoning Variance Application 7. FORM E--Use Variance Application x 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit x 9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) x 13. Site Plan x 14. Landscape Plan x 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification x 17. Traffic Analysis 18. School Impact Analysis FORM A Page 2 of 3 11. Disclosure of Interest The paity signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the IegaI capacity of the Applicant and the frill naive, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant( Print Name and Designation of Applicant(s) *?�440V-- Matt Ackerman (WT Group) FORM A Page 3 of 3 FORM B File Number ZONING MAP AMENDMENT (REZONING) Planning and Zoning Commission City of McHenry 333 South Green Street a McHenry, IL 60050 a Tel: (815) 363-2170 - Fax: (815) 363-2173 Table 33 of the City of McHenry Zoning Ordinance provides that in recommending approval of a Zoning Map Amendment (Rezoning), the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Compatible with Use or Zoning of Environs The proposed use(s) or the uses permitted under the proposed zoning classification are compatible with existing uses or existing zoning of property in the environs. The proposed use including a fueling station and a car wash is consistent with the previous use of the site. Under the current zoning ordinance, it is necessary to have a C-5 zoning in order to include a car wash with the redevelopment of the Convenience store and fueling station. 2. Supported by Trend of Development The trend of development in the general area since the original zoning of the affected property was established supports the proposed use(s) or zoning classification. The previous use of the site was a gas station and car wash. Additionally the site is along Highway 120, which is predominantly zoned as C-5 Highway Commercial district. The site is surrounded by commercially zoned property and would serve existing traffic along Highway 120. 3. Consistent with Comprehensive Plan Objectives The proposed use(s) or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the Plan. The proposed zoning classification and use is consistent with the Comprehensive Plan. The rezoning will maintain 120 as a commercial corridor. Additionally, the redevelopment will improve the aesthetics of the area. 4. Furthers Public Interest The proposed use(s) or zoning classification promotes the public interest and not solely the interest of the applicant. Rezoning the property will allow the corner to better serve the community and commuters traveling along Highway 120. The redevelopment would beautify a vacant site and transform it into an asset for the community. FORM B Page 1 of 1 FORM C File Number CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street n McHenry, IL 6005013Tel: (815) 363-2170 o Fax, (8I5) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. The conditional use is for a similar use to what was previously granted for the site. All proposed uses, including Convenience Store, Fueling, Quick Serve Restaurant, and car wash, take advantage of mostly existing traffic and do not generate significant increases in traffic. Please see attached traffic study that has been performed on the site. 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse enviromnental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. The proposed development will add new paving and landscaping to significantly beautify the site. The proposed improvements will be beneficial to the surrounding properties and the community. 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. The proposed use will fit harmoniously with the existing natural and man-made characteristics of the surroundings. The site is surrounded by commercial districts and is located along Highway 120. The site would be immensely beautified and would be an asset to the community. Property values would be enhanced by the aesthetically pleasing redevelopment. FORM C Page 1 of 2 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. The Proposed use will not require existing facilities to a degree disproportionate to that normally expected of permitted uses in the district. The development would add a necessary service to the area and it would redevelop the last use that the property served as. Little new traffic would be generated and the site would be beautified and enhanced. 5. Public Safety and Health The proposed use will not be detrimental to the safety or lrcalth of the employees, patrons, or visitors associated with the use not- of the general public in the vicinity. The fuel center and car wash would not be of any detrimental consequence to the health of any employees, patrons, or visitors associated with the use and facilities provided at the property. Developing the site would restore the site and enhance safety. Further the services would be utilized by the surrounding community and those driving along Highway 120. The site layout features ample room for circulation and visibility for pedestrian safety. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. The proposed use is in harmony with all other elements pertinent to the conditional use of the site which was last used as a fueling facility with a car wash. The use would serve the surrounding businesses as well as the traffic along Highway 120. FORM C Page 2 of 2 11 FORM D File Number ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street a McHenry, IL 60050 11 Tel: (815) 363-2170 u Fax: (815) 363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your reauest. 1. Special Circumstances Not Found Elsewhere Special circumstances exist that are particular to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district; and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. All variances that are being requested are due to the nature of a fuel center and car wash. One of the goals of this site improvement is visibility for clients to safely use the site which includes the increased light levels and lack of front foundation plantings that could hamper the visibility between the site and the convenience store. Additionally, a fueling center operates as multiple businesses within one, including the store, fuel, car wash, and quick serve restaurant. This makes more site signage more important to better communicate with potential clients. Also, a car wash is required to connect with patrons that do not leave their cars, so any promotional messaues have to be communicated to drivers rather than shoppers inside a typical retail store. 2. Circumstances Relate to Property Onlx Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the Property. All variances that are being requested are due to the nature of a fuel center. The variances requested will not hinder or have deleterious effects to the existing circumstances of the physical characteristics of the property. FORM D Page I of 3 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. All variances that are being requested are due to the nature of a fuel center promoting a safe, accessible and clean environment for workers and customers. 4. Unnecessary Hardship The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. The requested variances create a safer environment for drivers and pedestrians. Low light levels and plantings that obstruct vision would create an unsafe environment that would not function well and create an unnecessary hazard. Good sightlines into the store are necessary to deter crime and allow pedestrians to be seen at all times. S. Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. The variances are due to the nature of a fuel center and have nothing to do with the surrounding properties. 6. Necessary for Use of Propertx The granting of a variance is necessary not because it will increase the applicant's econornic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property. The variances are due to the nature of a fuel center and are to provide a safe, clean environment for workers and patrons. The requested variances are the minimum variances required to promote the safe use of the site. Additional number of signs is due to the multiple services a fueling center provides and the necessity of connecting with car wash clients that, because of the nature of the service, do not leave their cars while utilizing the provided services. FORM D Page 2 of 3 7. Not Alter Local Character The granting of a 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 variances are due to the nature of a fuel center and are to provide a safe, clean environment for workers and patrons that will not affect the environmental quality, property values, public safety, or welfare in the vicinity. The new development and additional landscaping will beautify the site and enhance the local character. 8. Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. The variances are due to the nature of a fuel center and are to provide a safe, clean environment for workers and patrons. These variances will be in harmony with the general purpose and intent of the zoning ordinance and comprehensive plan of the city. 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. The variances requested are the minimum required for the fueling center and will provide a safe and clean environment for all workers and patrons. Building signage is due to the multiple services that a fueling station provides. Also, the foundation plantings that have been eliminated from the front of the building have been placed around the site in a way that allows the required visibility on site and beautifies the site for neighbors and people passing by. FORM D Page 3 of 3 Department of Public Works Gregory Gruen, P.E., Staff Engineer 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2185 Fax: (815) 363-2214 ggruen@cityofmchenry.org MEMORANDUM DATE: 12-30-20 TO: Cody Sheriff, City Planner Ross Polerecky, Community Development FROM: Greg Gruen, P.E., Staff Engineer RE: TRIO Development Ringwood & Route 120 Ringwood Access I have reviewed the access location on the 11-20-20 site plan and offer the following comments: 1. The City has jurisdiction over access to Ringwood Road. There are no restrictions concerning the number of access locations that the City Council may approve. 2. IDOT has jurisdiction over the Route 120 access. They will have control over the number of access locations and any restrictions, such as right-in/right-out. There are a total of 4 access locations proposed. 3. I have researched the McHenry County Access Control Ordinance, IDOT Bureau of Local Road (BLR) Manual and the IDOT Bureau of Design and Environment (BDE) Manual for guidance concerning the access management. All three documents contain recommendations to limit access points and conflicts where possible. a. Section 41-2.02(3) indicates that commercial driveways should generally be limited to one location. b. Section 4.2.1.a of the McHenry County Access Control Ordinance specifically limits the number of access points to one full -access point (see attached). c. Section 35-7 of the IDOT-BDE Manual indicates to limit the number of conflict points and to regulate the spacing of driveways (see attached). The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. 4. The most recent example of a gas station with a truck fueling station and gaming is the Thornton's Gas Station in Island Lake. That particular site has two access points with a common full -access for trucks and cars (see attached). 5. The main purpose of the single access point on Ringwood is to eliminate the conflict between a truck initiating a left -turn out at the same time as a passenger vehicle initiating aright -turn out. Based on the above items, I would recommend a single full -access point along Ringwood Road. However, there is nothing in our City Code or Ordinances that would prohibit a second access point along Ringwood if the City Council decided to approve the site plan as -is. IDOT BLR BUREAU OF LOCAL ROADS & STREETS 41-2(2) SPECIAL DESIGN ELEMENTS Mar 2007 1. Widths. Residential driveway widths typically should be at least 12 ft (3.6 m) and should not exceed 24 ft (7.2 m). Commercial/industrial driveway widths vary from 24 ft (7.2 m) for low volume activity to a maximum of 35 ft (10.7 m) for undivided design, high volume activity. Field entrances should be constructed wide enough to accommodate the farm equipment using the entrance. 2. Radii. A right -turn radius is on the side of a driveway exposed to enter or exit by right - turning vehicles. In many cases, a straight-line flare is constructed within the right-of- way in place of a radius, especially when a depressed curb is placed across the entrance. For high volume commercial entrances and entrances used by large trucks, use a radius which will accommodate trucks. 3. Driveway Spacing. Minimum driveway spacing is measured along the curb or edge of shoulder from the roadway end of the curl) radius or flare. For individual residential properties, a suggested limitation on the number of driveways is: a. 1 driveway for less than 100 ft (30 m) of frontage, b. 2 driveways for 100 ft to 200 ft (30 m to 60 m) of frontage, C. 3 driveways for 201 ft to 500 ft (61 m to 150 m) of frontage, and orYnm'erdial'prope'rtie's should generally' be lirfiited to one driveway location. T is n e fr an d c t cr ss oa o f t o r y li e h of be considered in determining the location for a driveway. Existing driveways will usually be allowed to remain at their present location. 4. Angle. For two-way driveways, the centerline should generally be at a right angle to the roadway. Angles less than 600 should only be used for one-way driveways. The minimum angle is measured from the edge of traveled way. 5. Grades. The driveway should slope away from the pavement to the edge of the shoulder. 6. Sight Distance. Driveways should be located to provide adequate sight distance. 7. LPA Access Policy. The location and design of a driveway should also meet any minimum criteria established by a LPA in an adopted entrance access policy. 8. Additional Guidance. For additional guidance on driveways, the designer should review the following publications: a. ID0T Policy on Permits for Access Driveways to State Highways, b. iTE Guidelines for Driveway Design and Location, and c. TRB Access Management Manual. 41-2.03 Entrances at Bridges When driveways are within close proximity to structures, close or relocate the entrances from within the bridge approach area to outside the length of need for the guardrail wherever practical. McHNERY COUNTY ORDINANCE 4.2 ACCESS POLICIES Any owner of property abutting a County Highway has the right of reasonable access. Indirect access via other existing or proposed streets or easements or restricted access is considered reasonable access to a County Highway. The following policies shall be applied to all types of access. To assist a property owner, developer, their engineer, contractor, public agencies, or any other applicant in the administrative, procedural, and engineering requirements of this Ordinance, please refer to the Permit Procedures and Requirements Manual. 4.2.1 Access Criteria The criteria presented include the number of access facilities, their location with respect to adjacent access facilities and public streets. 4.2.1.a Number of Access Pol Each development or property, regardless of the number of parcels; shall be limited to one full -access point, except as ,provvided for pth(�rwjse,in this Ordinance. For County Highways point may be granted if it can be demonstrated that the Level of Service at the approved (initial) access point would be improved by a minimum of one letter grade of Level of Service and a minimum spacing requirement of one -quarter mile between full -access points can be met. A Level -of -Service improvement above a Level of Service "C" shall not warrant additional access points, whether full or restricted. If the approved initial access point is to be signalized, then no additional full -access points shall be permitted. The McHenry County Division of Transportation may permit one additional restricted access point permitting right -turns -in and right -turns -out only, provided that the permittee clearly demonstrates a substantial need and complies with all the applicable provisions of this Ordinance. This option will only be considered where the enforcement of this restricted movement will be possible. COMMENTARY. Where additional access points are requested to a County Highway, first consideration shall be given to supplemental access points which restrict turning movements. Shared access points or indirect access from adjacent public streets is encouraged, and in some cases, may Effective January 1, 2009 4-4 IDOT BDE Illinois ACCESS CONTROL/ACCESS MANAGEMENT May 2017 35-7 ACCESS MANAGEMENT TECHNIQUES In general, access management techniques are intended to minimize the frequency and severity of traffic conflicts, particularly at commercial driveway entrances. There are four major objectives for minimizing conflicts and increasing efficiency: 11 ' CateaorV A* — frequency of conflicts or reduce the area of conflict at some or all driveways on the highway by limiting or preventing certain maneuvers.. . . . . . . , , , 2. Category B — Separate Basic Conflict Areas. These techniques either reduce the number of driveways or increase the spacing between driveways or between driveways and intersections. They indirectly reduce the frequency of conflicts by separating turning vehicles at adjacent access points and by providing greater decision -making time for the through driver between successive conflicts with vehicles at driveways. 3. Category C — Reduce Deceleration Requirements, These techniques reduce the severity of conflicts by increasing driveway turning speeds or by improving sight distance. 4. Category D — Remove Turning Vehicles From Through Lanes. These techniques reduce both the frequency and severity of conflicts by providing separate lanes and adequate storage areas for turning vehicles. With a decision to pursue access management on a particular street, many techniques are available from which to select an appropriate solution for a specific access problem. Figure 35-7.A summarizes 36 applicable techniques. Figures 35-7.13 through 35-7.1 provide sketches to illustrate some of the more common techniques. U 0 P ' LIIL Thorntons Rte176/Darrell Rd f y- r �-17 .� +iQ '.�;iP �����'- LTA F::^ t ^ cr�.:•'f' � �'�i Y' _ 4 f s� Y` 1fl Y .�fj"yi r. r nt'+.{t r Legend V9 Kelsey Road House VCA Noyes Animal Hospital 761 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org AGENDA SUPPLEMENT TO: Mayor and City Council FOR: January 18, 2021 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Residences of Stonewood Subdivision — Conceptual Presentation & Discussion ATT: Preliminary Concept Plans AGENDA ITEM SUMMARY: The petitioner, Paul Swanson (architect), is requesting preliminary feedback from City Council for a conceptual townhome development prior to submitting a formal application. The proposed development consists of 10 buildings, with 6-units in each building. BACKGROUND: The subject property consists of 5.87 acres, more or less, and is located directly north of the intersection of W. Bull Valley Road and Cunat Drive. The conceptual proposal consists of 10, 2-story, 6-unit buildings. As part of the approval process, the petitioner will be required to dedicate a portion of the property for public right-of-way to the McHenry County Division of Transportation along Bull Valley Road. Additionally, the Bull Valley Road/Miller Road/River Road/Chapel Hill Road Corridor Study does recommend a signalized intersection at Cunat Drive and Bull Valley Road. Per County Ordinance, a traffic signal is installed only when certain performance metrics are met. The Comprehensive Plan Future Land Use Map recommends Medium -Density Residential (4 to 9 dwelling units per gross acre). The proposal is approximately 10.2 dwelling units per acre which is somewhat consistent with Medium -Density Residential. The petitioner is requesting preliminary feedback from City Council prior to submitting a formal application. Paul Swanson To: Cody Sheriff (csheriff@cityofmchenry.org) Subject: Residences of Stonewood January 6, 2021 Cody, Enclosed find presentation materials for my 2/1/2021 Council Meeting. Please call with any questions. Thanks Paul Paul Swanson Associates, Inc. 401 E Prospect Ave Suite 201 Mt Prospect, Illinois Phone: (847) 670-6710 Fax: (847) 670-6713 Email: paul@psa-inc.biz CORPORATE HEADQUARTERS ♦ national association of independent insurers 4 st. charles manufacturing co. ► .-4• . ➢ ek. ♦ irnc corporation national association of independent insurers des Plaines, illinois 53,000 sq. ft. st. charles manufacturing co. st. charles. Illinois 8,032 sq. ft. international mineral core. des Plaines, illinois 60,000 sq. ft. national dairy center rosemont, illinois 100,000 sq. ft. a arthur swanson &associates, Itd. SINGLE STORY OFFICES * TECH CENTERS A northwest corporate center A northbrook tech center deerfield business center ► A 2 northbrook place Mar 2 northbrook place northbrook, illinois 120,000 sq. ft. deerfield business center deerfield, illinois 126,216 sq. ft. northwest corporate center hoffman estates. illinois 264.000 sq, ft. enterprise center westchester, illinois 216,000 sq. ft. arlington office square arlington heights, illinois 15,250 sq. ft. lincolnshire executive center Lincolnshire, illinois 41,500 sq. ft. plum grove corporate center schaumburg, illinois 41,500 sq. ft. northbrook tech center northbrook, illinois 82,664 sq, ft. northwest tech center hoffman estates, illinois 72,000 sq, ft. horizon business center rosemont, illinois 35,720 sq. ft. arthur swanson & associates, Itd, MEDICAL OFFICES P,�� ems; _ .. ,.. �� �:!:��`, w►:srrr io:c9.�,p�;. � , �r ;5;- t; #�:yt�lFa9 l golf -western kh _ ♦ medical arts center golf sumac des plaines, illinois 36,400 sq. ft, golf -western des plaines, Illinois 27,000 sq. ft. medical arts center st. charles, Illinois 3,764 sq. ft. golf road medical building des plaines, illinois 46,558 sq. ft. arthur swanson & associates, ltd. MID -RISE OFFICES ♦ 3400 corporate o'hare corporate center ► 3400 corporate northbrook, illinois 79,500 sq. ft. a'hare corporate center park ridge, Illinois 142,085 sq. ft. o'hare office court rosemont, illinois 40,000 sq. ft. a rth ur swa nson & associates, ltd. HIGH RISE OFFICES .4mj J oil --� { 4 o'hare executive towers ♦ ron of japan ♦ one northbrook place fi T ♦ woodfield financial center one northbrook place northbrook, illinois 168,000 sq. ft, woodfield financial center schaumburg, illinois 188,000 sq. ft. o'hare executive towers rosemont, illinois 166,000 sq. ft. ron of japan northbrook, illinois 48,400 sq. ft. arthur swanson & associates, ltd. INTERIORS pjltio _qqq lilt I� jam' .41 - --- - -; A 3400 corporate ♦ 2 northbrook place '' y r_ AWE!L 1 f1 �i t A o'hare office court A one northbrook place t golf -sumac �oaa arthur swanson & associares, ltd. CENTRAL PARK EAST APARTMENTS MANAGED BY T-47VILLAGEGREEN .. Lifestylo for Rent EXPLORE VILLAGEGREEN.COM WELCOME HOME w !S f • WASHER/DRYER IN EACH APARTMENT • HEATED PARKING AVAILABLE° • 24-HOUR EMERGENCY MAINTENACh �""` jr • PLANNED SOCIAL ACTIVITIES • t • AWARD -WINNING SCHOOL DISRICTS' • FREE WIFI IN 24/7 CLUBHOUSE - • HEATED OUTDOOR POOL & HOT TUB • NATURE/FITNESS TRAIL • ON -SITE CAR WASH Q • 24/7 FITNESS CENTER I f. z • WOOD BURNING FIREPLACE* W • DEN/HOME OFFICE FLOORPLANS W • PRIVATE BALCONY/PATIOS Rry �. LU • GRANITE COUNTERTOPS* • STAINLESS STEEL APPLIANCES* • AWARD -WINNING CUSTOMER SERVICE J *in select units W IV r , 847.640.3060 O 3PEAT 155 i EAST C E �i\ T AL ROADCL ' ' ARLINGTON HEIGHTS, lL 60005 W w Longleaf Introducing Longleaf's Long Awaited MEAD WS COTTA GES The perfect mis of worry free living with all grounds and exterior building maintenance provided Ageless charm awaits you at Longleaf's newest neighborhood, Meadow Cottages. The Cottages are specifically designed to capture the essence of traditional cottage architecture with flavors of enchanting Carriage Homes. The steep roaflines, stacked stone accents, dormers and shitters give the cottages their instant appeal. Perfectly situated winding down Cottage Lane in Longleafs natural meadows, the setting depicts days of when Longleaf was once a thoroughbred horse farm. With the horses now long gone, the Meadow Cottages take advantage of landscaped pond areas with scenic fountains and beautiful golf vistas. Welcome to Longleaf Longleaf is a Golf Course Community in Central North Carolina. The Community resonates the Historically rich scenic location of Pinehurst 1 Southern Pines by combining the warmth and charm of a New England Village with the vast amenities of Big City Life. Rear Elevation Approximate Square Footage Heated & AC Areas 2,537 Sq. Ft. The interior is just as spectacular as the exterior. Elegantly designed for 'comfortable casual' living with spacious rooms. The layout of the Cottage is versatile and functional with Three Bedrooms and Three Full Bath's. There is no need to sacrifice guest bedrooms and desirable office space. The Meadow Cottages offer lovely rooms for a Den/Library and a Loft/Office. Relax and take in the view from the Carolina Room and Deck. Double garages have a direct path to the Kitchen/Breakfast room. Standard Features Include • Granite Kitchen Countertops • Hardwood Areas • Stainless Steel Appliances (range, dishwasher, disposal, microwave) • Andersen Windows • Carolina Room • Fireplace w/ Natural Gas Logs • Built-in Bookcases • Bath Floors Ceramic Tile • Tiled Laundry Room w/Laundry Sink and Cabinets • Well Appointed Master Suite w/Walk-in, Garden Tub and Separate Shower • Tray Ceiling in Master Bedroom and Carolina Room • Two Storage Centers w/Walk-in Access • Natural Gas Neat Downstairs and Separate Neat Pump Upstairs • Central Air Conditioning Throughout • Double Garages • Maintenance Free Deck • Crawl Space Foundations UNrr B Si 4-flm) F-1.(Nm U.\, 13 N t3, 1, rF. - Imal I,$ :,-.Itk- The Derby Cottage, Elevation A The Derby Cottage, Elevation B M 1;.Ilk u U -.111-Irnwn *'! The Preakness Cottage, Elevation A The Preakness Cottage, Elevation B A 1 BEDROOM/1 BATH 770 SQ.FT. Balcony 12'x5' Bedroom 11' x 14's" rA Living Room qOM 12' x 15' � O m eo - Dining p Kitchen Room 8' x 8' s � EnI C 2 BEDROOM/2 BATH 1,054 SQ. FT. Al 1 BEDROOM/1 BATH. 810 SQ.FT.� D ni„g Roam � T a �n Living Room T. 10'3" x 14'8' f 9 - U K Ir Bedroom 14' x 12'2" Waikdn Clow Balcony 28' x 5' Betlroom Bedroom 12' x 10+6" 12' x 13'8" Living Roam 14'4" x 19' I t�"I I Bath; Dreeaing Area 1 Q m Walk-in Clow Dining Room m Kitchen % { --._-. r r Atry.., 8' x B' m C1 2 BEDROOM./2 BATH 1,106 SO - FT. A2 1 BEDROOM/DEN/1 BATH 938 SQ.FT. Baioonv Dining Room F12'x t15'Room Bedroom 12' x 21' Den 11'8" x 8' Balc ny 24' x 5' I.fving Room 18'xTV Dining Room 7'8" x 818" - C2 2 BEDROOM/2 BATH 1,168 SQ.FT. Bedroom 12' x 15' Developer Concept The Residences of Stonewood 5.9 Acres 0000 Bull Valley Road McHenry, Illinois To provide In — Town Urban Style Living with a Rural flavor in 10 — 6 Unit, 2 — Story, 2 and 3 Bedroom Townhomes with Office/Den in a Landscaped Campus setting, with on site storm water detention, by annexation to the City of McHenry under RM-2 Zoning. DEVELOPER PROFILE PAUL SWANSON PRESIDENT PAUL SWANSON ASSOCIATES, INC. 401 E PROSPECT AVENUE, SUITE 201 MT. PROSPECT, IL 60056 Graduated from University of Michigan 1963 Bachelor of Architecture Professional Organizations: ALA Association of Licensed Architects NCARB National Council of Architectural Boards Licensed Architect: State of Illinois State of North Carolina Licensed Real Estate Broker: Illinois DEVELOPMENT EXPERIENCE * OFFICE BUILDING DEVELOPMENT 2,800,000 SF (Professional & Medical) VALUE $310,000,000 HOTEL RESTAURANT DEVELOPMENT $25,000,000 INDUSTRIAL DEVELOPMENT 4,200,000 SF VALUE $250,000,000 RETAIL DEVELOPMENT 1,200,000 SF VALUE $130,000,000 RESIDENTIAL DEVELOPMENT $55,000,000 VALUE (Single Family, Condominium, Townhomes, Apartments) *Through the year 2000 ARCHITECTURAL/DEVELOPER BACKGROUND PAUL W. SWANSON PAGE 2 In partnership, converted an Industrial Building in Rosemont, I1 into his offices and leased the remaining office space. In addition, the firm has provided Architectural and Construction services as well as Construction Management Supervision to other Developers and Financial Institutions, including a joint venture of an Eight Story, 300,000 SF office building in Schaumburg, Il for Mutual of New York. Mr. Swanson has designed/developed over 6 million square feet of Office, Industrial and Commercial Properties, and his unique professional experience as Architect, Contractor and Developer gives a special insight and ability to deal effectively with today's complex Real Estate Industry. h .�rc►,�.�m � �Grossuig _ �, o fl CJ 14 Remmers to.'� $� _g_ r�arrW. ; Ali `=o A Bull#Ua(le Rd i BadeINS I -� I Argy{e-l- VA f fn petry.4-n - I - f -Ridge iew' - N >' ogIe`rth - / .. rz2020 Google�$) 1 000 ff .O+ CIS ^ i • 1 } a a� r ------------------- Bull -Valley Bull Val ey lrc[ & Cunat Dr . Goo gle Earth X. 2020 Google 400 ft i7ill"Plon 4W Oil101 11111 t� j 14-4m,"AAER I P C.- AMb. 1•A= WI VA. 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