HomeMy WebLinkAboutPacket - 01/05/2009 - City Council City of McHenry
1
333 South Green Street _ V
r www.ci.mchenry.il.us
McHenry,Illinois 60050-5495
LAMM
Mayor's Office
(815) 363-2108
Fax (815) 363-2119 AGENDA
REGULAR CITY COUNCIL MEETING
Clerk's office Monday, January 5, 2009, 7:30 PM
(815)363-2100
Fax(815)363-2128
Administration 1. Call to Order
(815)363-2108
Fax(815)363-2119 2 Roll Call r
Public Works t
Community 3. Pledge of Allegiance
Development
(815)363-2170 4. Public Input Session, 10 Minute Limitation
Fax(815)363-2173
Parks and Recreation 5. Consent Agenda:
(815)363-2160 A. Resolution authorizing an increase in water and sewer usage fees;
Fax(815)363-3186 B. Payment to Maneval Construction Company for$51,520.81 for construction of Ace
Hardware/Post Office Cross-Access and future payout of $5,724.52 upon
Police Non-Emergency satisfactory completion of project landscaping;
(815)363-2200 C. Payment to L.C. United Company for $195,950 for painting Water Tower No. 2,
Fax(815)363-2149 future payout of$3,000 upon satisfactory completion of project landscaping,change
order no. 1 adding $17,950 to contract amount; and
D. Easement agreements for Lots 159 and Lot 162 in Oaks at Irish Prairie subdivision.
Mayor 6. Sign variance, Kathryn's Bridal and Dress Shop, 3807 West Elm Street
Susan E.Low
City Clerk 7. Amendment to existing conditional use permit, McHenry Community High School
Janice C.Jones District 156, 4724 W. Crystal Lake Road
TYeasurer
David Treas Welter 8. Committee Recommendation: Amendments to Historic Preservation Ordinance
Aldermen 9. Committee Recommendation: Amendments to Tree Preservation Ordinance
WARD 1 10. Statement and Reports
Victor A. Santi
WARD 11. Committee Reports
Andrew A.Glab
WARD 3 12. Staff Reports
Jeffrey A. Schaefer
13. Future Agenda Items
WARD 4
Steven C.Murgatroyd 14. Adjournment
WARD 5
Richard W.Wimmer Posted: December 30, 2008
WARD 6
Robert J.Peterson
WARD 7
Geri A.Condon
CONSENT AGENDA
The Consent Agenda for the January 5, 2009 City Council meeting consists of the
following items:
A. Resolution authorizing an increase in water and sewer usage fees;
B. Payment to Maneval Construction Company for$51,520.81 for construction of Ace
Hardware/Post Office Cross-Access and future payout of $5,724.52 upon
satisfactory completion of project landscaping;
C. Payment to L.C. United Company for $195,950 for painting Water Tower No. 2,
future payout of$3,000 upon satisfactory completion of project landscaping, change
order no. 1 adding $17,950 to contract amount; and
D. Easement agreements for Lots 159 and Lot 162 in Oaks at Irish Prairie subdivision.
Attachments
CONSENT AGENDA
TO: Mayor and City Council
FROM: Douglas K. Maxeiner, City Administrator
FOR: January 5, 2009 Regular City Council Meeting
RE: Ace Hardware/Post Office Cross Access Final Pay Request
ATTACHMENTS: Maneval Construction Company Invoice
Background. At the September 8, 2008 City Council Meeting, a contract was awarded to
Maneval Construction Company for the construction of the Ace Hardware/Post Office access
improvement project. The original contract unit price contract was for an estimated cost of
$62,603.91.
Analysis. Maneval Construction Company has submitted the attached invoice to the City of
McHenry and is requesting a final payment. This project is a unit price contract and is based on
final quantities; consequently the total cost of construction is $57,245.35 which is $5,358.56 less
than the awarded amount. Public Works performed the construction observation of this project to
assure compliance with the specifications and is recommending a payment of$51,520.81. A 10%
retainage amount of$5,724.54 will be withheld until spring to ensure the landscaping
requirements have been fulfilled.
The financial agreement between the City of McHenry, Ace Hardware and the Post Office is that
the Post Office and Ace Hardware will each contribute $30,000 towards project construction and
the City of McHenry will cover costs in excess of the $60,000 as well as the engineering and
attorney's fees associated with this project.
Recommendation. Staff requests the City Council approve the final payment to Maneval
Construction Company for the construction of the Ace Hardware/Post Office Cross Access in an
amount not to exceed $51,520.81 and the retainage amount of$5,724.54 to be paid once the
landscaping requirement has been fulfilled.
Maneval Construction Co. Inc. INVOICE
1015 N Corporate Circle Ste. D
GRAYSLAKE, IL 60030
To : CITY OF MCHENRY Invoice#: 6388 _
333 SOUTH GREEN STREET Date: 12/03/08
MCHENRY, IL 60050 Application#: 1 D FC 1 5 2008
Invoice Due Date: 12/13/08
Contract: 28044- MCHENRY ACE/POST OFFICE XOVER C'�'OF;.?�7"' 7*
Payment Terms: �:{ t,
Quantity Unit Total
Contract Item JTD Price U/M To Date
1 CONCRETE REMOVAL 493.000 7.97000 LF 3,929.21
2 SIDEWALK REMOVAL 241.000 4.80000 SF 1,156.80
3 PAVEMENT REMOVAL (FULL DEPTH) 438.000 14.11000 SY 6,180.18
4 TRENCH BACKFILL 20.000 41.04000 Cy 820.80
5 FURN& PLACE TOPSOIL,6" 580.000 3.75000 SY 2,175.00
6 SEEDING,CLASS 1A 0.120 11,875.00000 ACR 1.425.00
7 SUPPLEMENTAL WATERING 0.000 2.50000 SY 0.00
8 NITROGEN FERTILIZER NUTRIENT 0.000 6.25000 LBS 0.00
9 PHOSPHORUS FERTILIZER NUTRIENT 0.000 6.25000 LBS 0.00
10 POTASSIUM FERTILIZER NUTRIENT 0.000 6.25000 LBS 0.00
11 EROSION CONTROL BLANKET 580.000 3.88000 SY 2,250,40
12 EARTH EXCAVATION 84.000 43.31000 Cy 3,638.04
13 SUB-BASE GRAN.TY B,4", CA-6 49.000 16.30000 SY 798.70
14 SUB-BASE GRAN.TY B, 8", CA-6 211.000 16.20000 Cy 3,418.20
15 CONCRETE CURB (BARRIER) 189.000 25.00000 LF 4,725.00
16 CONCRETE C&G, B-6.12 255.000 22.50000 LF 5,737.50
17 CATCH BASIN,4',T11 F&G 1.000 1,582.80000 EA 1,582.80
18 INLET, 2',T11 F&G 1.000 1,070.40000 EA 1,070.40
19 STORM SEWER, RCP, 12" 26.000 39.48000 LF 1,026.48
20 CATCH BASIN ADJUST 2.000 608.40000 EA 1,216.80
21 INLET ADJ. 1.000 326.40000 EA 326.40
22 STORM SEWER CORE IN CONN. 1.000 834.00000 EA 834.00
23 THERMO PAVE MARK,4"YELLOW 64.000 9.63000 LF 616.32
24 THERMO PAVE MARK,4"WHITE 144.000 8.75000 LF 1,260.00
25 THERMO PAVE MARK, 24"WHITE 24.000 57.75000 LF 1,386.00
26 THERMO PAVE MARK, ARROWS 32.000 29.38000 SF 940.16
27 TRAFFIC CONTROL 0.000 0.00000 LS 28.20
28 PCC SIDEWALK 341.000 8.13000 SF 2,772.33
29 HMA SURFACE, "C", N50, 1.5" 28.890 106.80000 TON 3,085.45
30 HMA BINDER, IL-19, N50, 2.5" 38,090 102.00000 TON 3,885.18
31 REM. & RENISTALL SIGNS 2.000 180.00000 EA 360.00
32 P.LOT LIGHT REM& DISP 1.000 600.00000 EA 600.00
Page 1 of 2
Maneval Construction Co. Inc. INVOICE
1015 N Corporate Circle Ste. D
GRAYSLAKE, IL 60030
To: CITY OF MCHENRY Invoice#: 6388
333 SOUTH GREEN STREET Date: 12/03/08
MCHENRY, IL 60050 Application M 1
Invoice Due Date: 12/13/08
Contract: 28044- MCHENRY ACE/POST OFFICE XOVER Payment Terms:
Quantity Unit Total
Contract Item JTD Price U/M To Date
Total To Date : 57,245.35
Plus Sales Tax : 0.00
Less Retainage : 5,724.54
Less Previous Applications : 0.00
Total Due This Invoice : 51,520.81
Page 2 of 2
CONSENT AGENDA
TO: Mayor and City Council
FROM: Douglas K. Maxeiner, City Administrator
FOR: January 5, 2009 Regular City Council Meeting
RE: Water Tower# 2 Repainting Final Pay Request
ATTACHMENTS: 1) Change Order# 1
2) L.C. United Invoice
3) SEC Group Final Pay Request Recommendation
4) L.C. United Landscape Agreement Letter
Background. At the April 21, 2008 City Council Meeting, a contract was awarded to L.C.
United Painting Company for repainting and maintenance of Water Tower#2 located at Tonyan
Industrial Park. The original contract was in the amount of$181,000.00
Analysis. The attached change order in the amount of$17,950.00 reflects additional work and
materials required to remove the failed protective coating from the exterior riser and transition
cone. The city engineer originally felt the protective coating was adequate. However, upon
closer inspection, it had deteriorated to the point of needing replacement. L.C. United has agreed
to $3,000.00 to be withheld from the final payment until the landscaping repair is completed in
the spring. SEC Group has reviewed the attached invoice and change order from L.C. United
Company and recommends final payment in the amount of$195,950.00.
The Repainting and Maintenance of Water Tower #2 was included in the 2007-08 budget under
the Utility Improvement Fund for-$255,000.00. Including the cost of inspection, bid documents,
and construction observation, the final project cost is approximately $908.00 under budget.
Recommendation. Staff requests City Council approval of:
1) Change order# 1 adding $17,950.00 to the contract amount
2) Final pay request to L.C. United Company in an amount not to exceed $195,950.00
and the retainage amount of$3000.00 to be paid once the landscaping requirement
has been fulfilled.
Change Order
No.
Date of Issuance: Effective Date:
Project: Owner: Owner's Contract No.:
Contract: Date of Contract:
Contractor. Engin.wed Project No.:
The Contract Documents are modified as follows upon execution of this Change Order:
Description:
Attachments(list documehts supporting change):
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price: Original Contract Times: ❑ Working days ❑ Calendar days
Substantial completion(days or date):
$ /?/1 4111,0. 4 Ready for final payment(days or date):
[Decrease]from previously approved [Increase] Decrease] from previously approved.Change Orders
'Migge Orders No._�to No. No. . to No.
r Substantial completion(days):
$ < ✓, "9 0 t o d Ready for final payment(days):
Contract Price prior to this Change Order. Contract Times prior to this Change Order.
Substantial completion(days or date):
$�1 Ready for final payment(days or date):
[Incr [Decrease]of this Change Order: [Increase] [Decrease]of this Change Order:
Substantial completion(days or date):
$ Ready for final payment(days or date):
Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:
Substantial completion(days or date):
$ a o a s Ready for final payment(days or date):.
RECONDMOED: . ACCEPTED: ACCE D:
By: By: By:
Engineer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized _'
Date: Date: Date: C//<, f 0
Approved by Funding Agency(if applicable):
Date:
EJCDC C 941 Change Order
Prepared by the Engineers Joint Contrail Documents Committee and endorsed by the Construction Specifications Institute.
Page 1 of 2
.
c.• Uni"Ited
3525 Barbara Dr. Sterling Heights, Mich. 48310 (585) 979-2855 Fax (586) 979.8053
I NVOICE
City of McHenry 11,20,2008
333 South Green Street
McHenry 1160050 Invoice 08-44
Re: Repainting and maintenance of Water Tower# 2
Original Contract............................$181,000.00
Change Order Not......................+17,950.00
Retainage (Landscaping)................ 3000.00
Total this Invoice................................$195,950.00
Thank You
L.C. UNITED PAMING CO INC
SEC Group, Inc.
Engineering ■ Surveying ■ Planning ■ Landscape Architecture
December 23, 2008
Mr.Jon M. Schmitt
Director of Public Works
City of McHenry
Public Works
333 South Green Street
McHenry, Illinois 60050
Re: Repainting and Maintenance of Water Tower No.2
Pay Request No. 1
SEC Job No.: MCHE-070569
Dear Mr. Schmitt:
Enclosed please find Invoice No. 08-44 dated November 20,2008 from L.C. United Painting
Company for the Repainting and Maintenance of Water Tower No. 2. Also attached, is a letter of
commitment for restoration to be conducted in the spring,the Full Unconditional Waiver from
Tnemec Company,Inc. and a copy of Change Order No.1 which addresses the contract changes.
SEC Group,Inc. has reviewed and discussed the pay request with the Contractor and City staff.
It is SEC's recommendation to make payment to L.C.United Painting Company in the amount of
$195,950.00.
If you have any questions,please contact me at(815)385-1778.
Sincerely,
SEC GROUP, INC.
Justin McKuzes, CPU
Construction Engineer II Y` =af
JSM/jn _
DEC 2 6 2008
Attachments: Invoice 08-44
Letter of Commitment
CrTY OF M(IT-I rN cY
Full Unconditional Waiver(Tnemec) Pu: .;C1
Change Order No. 1
cc: Mr.Kanto Lulaj,L.C.United Paint Company,Inc.
Mr.Mike Palmer, City of McHenry
Mr. Chad Pieper,P.E., SEC Group,Inc.
Mr.Ed Coggin,P.E., SEC Group, Inc
N;Vobs\Smith\2007\070569 MCHE Tank 2 Renovation\Correspondence\letters\MCHE-070569-Ltr.SEC to City Recmendation for Pay Request 41jsm-121708.doc
4500 Prime Parkway,McHenry,Illinois 60050 t. 815.385.1778 f. 815.385.1781 www.secgroupinc.com
T
�Ic r n�� Aftd
iIntenne
3525 Barbara Dr. Sterling Heights, Mich. 48310 (586)979.2855 Fax(58g) 979-8053o
12/20/08
Justin McKuzes
City of McHenry
333 South Green Street
McHenry 1160050
Re: Repainting and maintenance of Water Tower# 2
Dear Mr.McKuzes
We are in agreement that the city withhold $3000,00 Dollars for the
damaged caused by our equipment to the landscape;are at the Vhder Tower.
The landscaping will be completed by our company no later than May 15,
2009.
Thank You for taking time to review.
Sincerely
LC. UN-rMD PANTING CO, INC
Kanto Lulaj
CONSENT AGENDA
TO: Mayor and City Council
FROM: Douglas K. Maxeiner, City Administrator
FOR: January 5, 2009
RE: Easement Acceptance on Lots 159 & 162 in the Oaks at Irish Prairie
ATTACHMENTS: Plats of Easement
Background. As presented in the Morgan Hills Subdivision engineering, the developer —
Lennar, was required to install storm sewer discharge pipes from the detention basin into the
storm sewer located in the Oaks at Irish Prairie Subdivision. These connections required Lennar
to obtain easements from Hovstone Properties Illinois LLC, the current owner of lots 159 & 162
in the Oaks at Irish Prairie Subdivision. The City of McHenry is the grantee of the stormwater
management easement. The plats provide the city the right, but not the obligation, to maintain
the easement and appurtenances. The plats state that the property owner is responsible for the
maintenance of said easement.
Recommendation. Staff requests City Council to accept the easements on Lots 159 & 162 in the
Oaks at Irish Prairie Subdivision.
alsla.map,MaC.
PLAT
r1R�LarTTON'!�NZRT79CSTE
L a17AI DE9]eP7TME - - -
SrATE OF ILLINOIS ) STATE OF LURVOIS )
THIAr PART LF LOT 159 IN IRE OAKS AT W-W PRAIRIE LAN7r 2 SUMWS/ON,SAID SUBO/N9ON .
BEING PART OF THE SOU7HNEST QUARTER OF SECTION 11. IOMNSMP 44 NORU4 RANGE d E.IST COUNTY OF MCIENRYuS - CO(NrY OF MdAENRY)JSS
OF DIE IHID PRINCIPAL MERIMAN,INMfY901 Y COUV Y XUN0Y5,ACCORDING TO ONE PLAT ['
D/EREOF RECQ?°ED OCTOBER 14 2006 AS DOCUMENT 2DOMM7716Z MORE PARTICULARLY DNS s TO CERwy THAT DE UNDERSIGNED Rarsr.� Aes/�rami ztu ra µLs IRE&VERSAGNER DW CITY OF Md47MRY,R11NDIS AS GRANTEE OF1 DE EASEMENT
DESCRIBED AS FOLLOHS COMA00AW A RE SOUWKST CORNER OF SAD LOT 159, NOXE THE HOLDER OF RECORD 17TLE TO THE LAND DESY]tIBED HEREIN AND DOES _ DESCRIED AND GRANTED HERON DOES CERW Y INAT ON IN'S ; DAY
NORTH OO DECREES 31 MINUMS 38 SECONDS NEST,ALONG RE NES7ERLY LINE OF SAID LOT HEREBY GRANT DE EASEMOVT Namom ORANN TO OF AD.,20 INS PLAT OF EASEMENT.AND
159,4K 12 FEET FOR IE POINT OF 8EGIVMNQ RENCE COAIIIUIW NORTH 00 DEGREES 31 r.I7Y K NFIb0RY FOR RE PURPOSES SEr FORTH ON TIE THE LOCATION OF SAID EASEMENT WINN THE EXS17NG TREE CONSERVATION AREA
M/NUIES 30 SECONDS NEST,ALONG SAID NESIMLY LW& I L60 FEED THENCE'NORTH 59 ABOVF DESCRIBED PLAT OF EASERENNT PER DOCUMENT 2006ROO7716A WAS DULY APPROVED AND ACCEPTED BY TIE
DEGREES OJ AM TES OT MXWS EAST, 18,55'TV 17E WIE RSECDON OF THE NONTNERLY LINE L VER9CHEO
OF SAID LOT I59 WIN THE NESIMY LINE OF 1W PUBLIC UTILITY AND DRAINAGE EASEMENT AS DATED INS 11A DAY OF AIWJ-� -AD.,20 i7
9VNN aN SAID PLAT OF SUBOM9m RAmm sot//FI w OECIREES 31 milwis 38 SEmus
ALONG SAND EASEMENT LLAE; 11.60 FEET; THENCE SOUTH 59 DECREES Os ARNUIES 03 SECOAIOS //w�Yirts i�AI N4'7G T G (0—)
NEST, Id55 FEET 70 D MNQ Y,L E POINT OF BEGIA AV MO ENRY COUNTY, BY` - 8M
US
AN EASEMENT IS NEWT RESERt£D FOR AND GRANTED TV IRE CITY OF MCENRY AND TO ITS - A TIES E
SUCCESSORS AND ASSIOA4 OVER ALL OF TIE AREAS MARKED ISTORMWATER MANAGEMENT ADTARY CERIP1104 HS
EASEMENY (s66nMatd SALE) ON BE PLAT FUR 7ME PERPETUAL RTGHr, PRIHLM AND
AUTHORRY M SURVEY, CONSIRUCT, RECOlSIRUCT, REPANZ INSPECT, MARNTANN AND OPERATE STAIE BF LCUVOS )
SIORM SEVERS AND TIE STORMWATER MANAGEMENT AREA, TOGETHER KITH ANY AND ALL )S5.
NECESSARY MAAINOLES CATCH BASINS sAwARY.srmm-% WATER MAINS ELECTRIC AND COUNTY OF MCIENRY) NOTARY CINUMATE
COAMUNICATTLN CABLES CONNECITON4 Df7CIE; SWAIM AND OTHER SYRUIC71JRES AND
APPURTENANCES AS MAY BE DEEMED NARY BY SAID CI)Y, OIER tvaV ALONG UNDFR 4�1 ['� ! -A NOTARY PUBLIC M FOR SAD STATE OF L1MOS )S
AND THROUGH SAD N/D/CATED EASEMENT, TOGFIER WIN TAW RIGHT'OF ACCESS ACROSS 77E Deli �S AM �S
PROPERTY FOR NECESSARY MEN AIV EQUIPMENT 70 DO ANY OF THE ABOVE NARK. TIE RIGHT IS TYA(�rp TA7E AFORESAID,DO HEREBY CERIRY THAT U�°.+J.I
ALSO GRANTED ID OUT BONK TRW OR REIMOW ANY TREE$9 REASIS OR OTTER REAMS ON IE COLWIY OF MCNENRYI .
EASEMENT THAT NVTEWM WTH THE OVRATION OF SEVERS OR OTHER UM17AM NO R ONode PERSONALLY/OIDIIRI>a M£TD✓IN iN SAME -.
PERMANwr aLNLDINGS SHALL w PLACED ON SAD EASEMENT. NO DUNCE w RE TOPOGRAPHY PERSON NE NF/OSE NAME(a)EF(ARE)sf% 70 iSO FOREGOINGDAa INSTRUMENT As
OR SIORMWANIT MANAGEMENT STRUCTURES W7NTN THE EASEMENT AREA SHALL 1E MADE SUC1N OWLR(S)APPEARED BEFORE AIE 7FA5 DAY AV PERSON AND ACIOIDMLEDGEO THAT 4 -A NOTARY PUBLIC IN AND FOR SAD
WTHOUr ENPRESs OWT1EN CONSENT OF TIE CITY EMGDEER BUT SAME MAY BE USED FOR HE M»SIGNED AND DELIVERED THE PLAT AS HLS(THEIR)OW FREE AND VOLUNTARY COUNrr AND STATE AFORESAID DO HEREBY LERTNY 7HAT- AND
PURPOSES THAT 00 NOT THEN OR LATER INTERFERE WIN IE AFORESAID USES OR 21,M ACT FOR RE USES AND PURPOSES THERM SET FORTH PERSONALLY KNONN TO ME TO BE RE
1 ih AND OF THE CITY OF MdEMHY,APPEARED BEFORE
THE ONNER OF THE PROPERTY SMALL REMAIN RESPONSIBLE FOR iNE MAIN7EFUNL£ QF ilEEU �Y HARD AND a TEA(SEAL DIES�y.�.DAY OF M£DNS DAY AND ACKNONLEDGED OAT AS SUCH OFFKEAS THEY 9OED AND DEVIENED
STORMWAIIER MANAC.E7ENT AREA ATV APPURTENANCES THE CITY OF MdAENRY HILL PEW RM 1L Lees—J_ -LLINOS 77E SAID INSwwwr AND CAUSED THE CORPORATE SEAL TV BE AFFIXED THERETO AS
ONLY E7ERCENCY PROCEDURES AS DEEMED NECESSARY BY TIE CIrY ENONEER OF ITE CIrr OF TNEFH FREE AND VOLUNTARY ACT OF SAID CITY,FOR IRE USES AND PURPOSES 7HERENN
MdENMY. i1��j/( JL�.[�A.N" �TV s.�i. aZ7H �01e sET FLIRIL
ll�:ZNOTARY PUBIC MY COMMISSION EXPIRES OtEN UNDER MY HAND M9 NOTARIAL SM DNS DAY OF
AD..200 AT LLNKYS
-----------------
OFFNOAL SEAL .
I - REBECCA.SUIE 1=DNER NOTARY PUBLIC MY COMAI59ON EXPIRES
Ia IM 00'EMSI PLWUC UTILITY �Jf" ,0 eoiaRY RalILOF LIYrae
Aw DRAINAGE EASEWNT W fAlWAsax ExmEs.snmo
0.00'[A15/aN0 TREE SAY .
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COUNTY OF KENDALL) - STATE OF LLIN075 )
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I aMir . 11100 T.CE tf*OW� 1, CRAIG L DUY. ILLINOIS PRaTSSMAL LAND SURVEYOR NUMBER COUNTY or MCENRY�SS -
_ 3359, DO HEREBY CER7TFY THAT THE PLAT OF EASEMENT HEREON
S U $A I. ( DRAIN WAS PREPARED USING PRENOUS SVRV£Y INFORMATION THIS INSTRUMENT FILED FOR RECORD IN THE RECtTRDER$OFFICE
AND MAP% PLATS AND OTHER INSTRUMENTS OF RECORD FOR THE
USES AND PURPOSES HEREIN REIN SET FORDO OF THE HEREON � OF MCHENRY COUNTY, ILLINOIS, ON THE_DAY OF
DESCRIBED PROPERTY. -M. AND WAS RECORDED AS O'CLOCK
NUMBER
W N` LOT 159 D IED AT YtRKNII& KENDALL COUNTY IF'vl 1500'EWMV PUBLIC UTI ITY (4� "' D• pN1�l�/,g4, .
a v Y Aw wANuar EAsaIDNr P.LN, 14-N 352 023 s'; SFr D
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counrTr RECORDER
UlMo7s Profess of Lmd Suns NP.
4raoa'Exsrwc TREE LAmnn eVk lA n date: 11/.30/7006 �i`�1T'AgT ao
GOMMVA M AREA
TIa- -- - - - - - -- - - - - °FliiiNo�
s+�e
P.QG I —— — — — — — —— —— — — NOIM :.:.�.
I I - 1) TEMPORARY OONSTRUCION£ASEmENT TD TERMINATE
_07" 15d I UPON INSTALLA71ON AND ACCEPTANCE OF ALL
I I ANUNIGPAL U71LIMS AND APPURTENANCES BY THE
CITY OF McHENRY. d
NOTES: 2) EXTSAND M I'L ONS URLITY AND AS ARE
EASEMENTS PLAT OF EASEMENT
AND IRE£CONSERVA7/0N AREAS ARE SHORN HEREON
•This map was created for use as a Plat of Easement This mop Is - AS DEPICTED ON THE PLAT OF THE OAKS A IRISH OF
- _
not to be used for my construction or staking purposes without PRAIRIE SUBD(WSION LINT Z RECORDED AS DOCUMENT
consent from a proper agent of Smith Engineering Consultants. r---1 2006ROO77162 .SEE DOCUMENT FUR RELATED PART OF LOT 159
•This IS NOT a Plot of Survev, No assumptions or agreements as to I I SRIRMWATER MANAGEMENT EASEdlENi PRONSIONS- OAKS AT iRISH PRAIRIE UNIT 2 SURD114510t
ownership,use,or possession am be conveyed from this document L___J (SM.E.)HEREBY GRANTED ..
- +No underground Improvements have been located unless shown and ___ 3) BEARINGS ARE BASED ON THE OAKS AT IRISH PRAIRIE
DATE-
noted r , >< TEMPORARY CONSTRUCTION EASEMENT - SUBDlN90N UNIT Z RECORDED AS DOCUMENT TENMICNa 9HArN sin DARE T'NQLCT Na
•No distance should be assumed by scaling. I I 2006ROO77162 - I es I 940Mee 0904M
• This map is sold without original embossed or red colored seal and L___J (F..C:E..)HEREBY GRANTED a DESIwm Br. HaNO.BCME sIEEt NET.
.innnhve nfaxed. - 1 1v.SDA
9CAlC a 11iECHNa ALKYL T OF 1
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PLAT UP' hAbEMEINT
. .
tEt±A[Dm�ratPT� Cv..rROR aeeelmi�ar:a7r�ceTr
THAT PART O''LOT 162 N THE OAKS AT MSH PRAME UNIT 2 W)MWMW,SAID SUBDIHSM STA IF OF LUNUS ) STA 7E OF ILINOIS
OEM PART OF 7F/E SW THNEST QUARTER OF SECTION 11, 7DKN-%W 44 NMRL RANGE S EAST COUNTY OF MdENRY S COUNTY OF MdJENRY)KS
OF THE THIRD PMHC`PAL MERIDIAN,IN MpENRY COUNTY ALM.%ACCORDING 7D THE PLAT
THEREOF RECORDED OCTOBER 19,2005 AS OOCUIIENT 2WSR007716Z MORE PARITCUlARLY - THIS AS TO CERTIFY THAT THE 1NJDERSIWED NEMerr/NleeArs]Ltwu LLyS 77E III�DERS/GIEa IH£C/TY OF YdEMRY,II.LNOCS AS GlAN/EE W IFIE EASEMENT
DESCR/BED AS FOLLONS` COMMENCING AT RE SdITNNEST CORNER pr SAID LOT T6T, iNETVLF li/£HOLDER OF RECORD RILE TTT TFIf LAND DESCRIBED HEREg!AND DOES DESCRIBED AND GRANTED HERON ODES CERTIFY THAT ON THIS DAY
NORTH 00-DECREES Ji MNUlES JB SECONDS HEST,ALONG 7lE NESIERLY LIE Or SAID LOT- HEREBY GRANT THE EASEMDVT IERECN DRAW TO OI' AD.,20 HMS PTA OF EASEMENT,AAID
162. 4199 FEET FUR 4 POINT O'BEGWNQ HENCE'CONTINUING NORIN 00 DEGREES JI _Orzv .s H.I.rev FOR THE PNIRPGLSES$T FORIN LW THE IFIE LOCADON OF SAID EASEMENT WHIN THE EXISTING TREE CQNSERVA WN AREA,
DEGREES JB SECONDS HEST,ALONG SAID M.17'TO LINE STEato FEET, THENCE NORTH gl ABOW DESCRIBED PLAT OF EASEMENT PER DOCUMENT 2006ROD77162 WAS DULY APPROVED AND ACCEPTED BY RE
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AND DRAINAGE EASEMENT AS SHOW ON SAID PLAT OF SUBOTNSXft DffNCE SWTH 00 DA TO THIS ////� �'�'"" DAY OF A^*—� AD..20��DEEXEEES 51 WNUMS Jg SECONDS ALONG SAID EASEMEENT LW- to 10 FEE- THENCE SOUTH at Br iw.rxd.�Fw�.+v tiClYl
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AN EASEMENT 15 HEREBY RESERVED FOR AND&VANTED To THE dry OF M.Wwr AND TO 17S NOTARY CEIWIFQATF l�
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DRAHN WAS PREPARED USING PREWOUS"WY INFORMATION
p P.aa-/ - Q[ AND MAP$ PLATS AND 07HER INSTRUMENTS OF RECORD FOR THE THIS INSTRUMENT FILED FOR RECORD IN THE RECORDERS OFTTCE
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DRAWAGE I DESCRIBED PROPERTY. A.D., 200 AT OCLOCK
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NOTES
_JT W I 1) TEMPORARY CONSTRUCTION EASEMENT To TERMINATE
UPON WSTALLA770V AND ACCEPTANCE OF ALL
MLWCIPAL UIX177ES AND APPURTENANCES BY THE
- CITY OF MPHENRY. ff
2) EAD THE CCIVSUBLIC UDU70 AND DRAINAGE EASEMENTS - PLAT OF EASEMENT
NOTES - - AND EPEE CONSERVER L AREAS ARE SHOWN HEREON
e This map was created For use as a flat of purposes
This map u -AS DEPICTED ON THE PLAT OF THE OAKS AT IRISH
not to be used for proper
gent construction or staking purposes without - PRAIRIE 5UBD114SION UNIT Z RECORDED AS DOCUMENT OF
consent from o proper agent of Smith Engineering Consultants. - r_--1 2006ROO77162. SEE DOCUMENT FUR RELATED PART OF LOT 162
• Thie IS NOT a not of Survey No assumptions ar agreements as to I 1 STORMWA7ETR MANAGEMENT EASEMENT PROWSIONS, OAKS AT IRISH PRAIRIE UNIT 2 SU80/hS101 ownerahip,use, or possession cm be conveyed from this document. L;:_,,":`:'_;J -(BARE.)HERESY GYtANTED.
•No underground improvements hove been located unless shown and ___ 3) BEARINGS ARE BASED ON THE OAKS AT IRISH PRAIRIE
•No - - r , TEMPORARY CONSTRUCTION£ASO"T SUBDIVISION UWT Z RECORDED AS DOCUMENT ravam MAIN NYt DA7B Ph(LW EMT.
No distance Is should be toriginal
assumed by aevlTng. I I 2D06R0077162 A ea a ae OI -MUM
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TO: Mayor and City Council
FROM: Douglas Martin, Deputy City Administrator
FOR: January 5, 2009 Regular City Council Meeting
RE: Setback Variance for the sign at 3807 W Elm Street
Applicant: Kathryn's Bridal and Dress Shop
STAFF RECOMMENDATION: To deny the request for a four-foot setback variance for the
sign at 3807 W Elm Street.
Background. The applicant is requesting a sign setback variance for the property at 3807 W.
Elm Street. The business owner wants to replace the existing sign with a new sign utilizing the
existing concrete base setback one foot from the property line. The existing sign is a legal, non-
conforming sign that has until 2013 to conform to setback requirements.
Staff Analysis. In accordance with the zoning ordinance, a freestanding sign such as this is
required to be setback five-feet from the property line. The applicant's requested modifications
will improve motorist sight lines as they exit the property. However, the proximity to the
roadway is of concern.
Within the past twelve months, a request was received for the nearby wireless phone store for a
sign variance to replace a non-conforming sign with a new, non-conforming sign within the
setback. Staff recommended denial of the request which was approved by the City Council after
considerable discussion.
In this instance, staff does not support the variance due to. the close proximity of the sign to
Illinois Route 120 and recommends denial of the request.
IOA&-WTD
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CITY OFmcL_TNRY
Ms. Susan E. Low, Mayor November 21, 2008
City Aldermen
City of McHenry
333 S. Green Street
McHenry, IL 60050
Ladies and Gentlemen,
Please consider this request for a variation to the sign code for setback regarding the
permanent sign at Kathryn's Bridal and Dress Shop, located at 3807 W. Elm Street.
As shown in the attached pictures of the existing sign, a change of location would
dramatically change the traffic flow of the parking lot, cause loss of parking spaces and
would visually obstruct this beautiful McHenry landmark. The cost of a complete new
sign, moving and reworking of the electrical and restructuring of the parking lot would be
a tremendous financial hardship to this new home-grown McHenry business.
We are requesting permission to install a replacement sign (see drawing) in the same
location as the existing sign. We will utilize the existing prefab concrete surround. This
property has two entrances from Elm Street. The existing sign impairs our customers
from safely pulling out on to Rt. 120 because of the height of the actual sign. We intend
to leave 5'9" of clearance between the top of the brick structure and the bottom of the
new sign to allow for proper visibility. Please contact me, Kathryn Trocki should you
have any questions or need any information regarding our request.
Thank you for your prompt attention to this matter.
Sincerely,
0
Kathryn Trocki
Proprietor
Kathryn's Bridal and Dress Shop
815-385-7330
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Dimensions in feet
Northerly boundary 166 . 06
Southerly boundary 132 . 00
Westerly boundary 132 . 86
Easterly boundary 225 . 13
Frontage 166 feet along Route 120
Net area
fin
Square feet 4 23, 600 UVWIMff V ET
Acreage 0 .54
Character
Shape Irregular ,
Contour Gentle slope
Slope Northerly direction
Problems
Soils None
Wetlands 4 None
Floodplain -.> None
i
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Douglas Martin,Deputy City Administrator
FOR: January 5,2009 Regular City Council Meeting
RE: Amendment to an existing Conditional Use Permit to allow a second accessory
building on the property at 4724 W Crystal Lake Road
Applicant: McHenry Community High School District 156
ATTACHMENTS: 1. Ordinance amending an existing Conditional Use Permit to allow a second
accessory building for the property located at 4724 W Crystal Lake Road
2. Picture of the second accessory building
3. Ordinance 0-95-709, An Ordinance of the City of McHenry, Illinois,
Granting a Conditional Use Permit and Granting a Variance
STAFF RECOMMENDATION: To approve the attached ordinance amending an existing Conditional
Use Permit to allow a second accessory building for the property located at 4724 W Crystal Lake Road
Current Request
McHenry Community High School District 156 is requesting an amendment to their existing conditional
use permit, approved in 1995, to allow a second accessory building for the property located at 4724 W
Crystal Lake Road. Currently, there are two principal buildings on the property, as well as an accessory
maintenance garage. A picture of the proposed second accessory building is attached to this supplement.
McHenry High School District received a monetary grant to construct this approximately 120 square foot
solar-powered concession stand. The building is located immediately south of the existing high school
building and west of the adjacent parking lot.
Staff Analysis
Staff does not have any problems with this request and would recommend approval of the attached
ordinance to allow a second accessory building at 4724 W Crystal Lake Road without referring the matter
to the Planning and Zoning Commission for a public hearing.
ORDINANCE NO.
AN ORDINANCE GRANTING AN AMENDMENT TO EXISTING CONDITIONAL USE
PERMIT 0-95-709 TO ALLOW A SECOND ACCESSORY BUILIDNG FOR THE PROPERTY
LOCATED AT 4724 W CRYSTAL LAKE ROAD IN THE CITY OF MCHENRY,MCHENRY
COUNTY,ILLINOIS
WHEREAS, a petition has been filed with the City by McHenry Community High School District
156 requesting an amendment to an existing Conditional Use Permit to allow to allow a second accessory
building for the property legally described on "Exhibit A", attached hereto and incorporated herein (the
"SUBJECT PROPERTY"), and
WHEREAS, the City Council has considered the evidence and finds that the approval of the
requested Amendment to the existing Conditional Use Permit 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 be granted an amendment to existing Conditional
Use Permit 0-95-709 to allow a second 120 square foot accessory building on the SUBJECT
PROPERTY.
SECTION 2: In granting said amended Conditional Use Permit, the City Council finds that
requirements of Table 31 of the Zoning Ordinance have been met in that:
1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning
district has been minimized;
2. 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;
3. 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
already existing in the area or normally associated with permitted uses in the district;
4. 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;
5. 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; and
6. The proposed use is in harmony with all other elements of compatibility pertinent to the
Conditional Use and its particular location.
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 DAY OF ,2009
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS DAY OF , 2009
MAYOR
ATTEST:
CITY CLERK
EXHIBIT A
Legal Description of Subject Property
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'IN THE MATTER OF THE APPLICATION OF )
MCHENRY COMMUNITY HIGH SCHOOL ) ORDINANCE NO 0-95-709
DISTRICT 156 )
AN ORD1bW4= CF TM CITY OF ftHaWy IM]NDIS,
GRANTING A OCMITICNAL USE PERNM AND GRANTI M A VARIANCE
Whereas, a written Petition has been filed with the City Clerk of the City
of McHenry, Illinois requesting the granting of a conditional use permit and
the granting of a variation under the provisions of the Zoning Ordinance of
the City of McHenry, as amended, concerning the following described premises:
That part of the West Half of Section 34, Township 45 North, Range 8 East of
the Third Principal Meridian, described as follows: to-wit: Commencing at the
point of intersection with the East and West quarter line of said Section 34
and the center line of Crystal Lake Road; thence North 33 degrees 47 minutes
East along the center line of said road, 835.84 feet more or less, to a point
of curvature, said curve having a radius of 2,864.93 feet; thence North 56
degrees 13 minutes West, 116.0 feet, for the place of beginning of this
description; thence South 33 degrees 47 minutes West, 1,155.0 feet to a point
of curvature; thence Southwesterly along a curved line convex Southeasterly
having a radius of 180.0 feet for an arc distance of 119.119 feet, to a point
of tangency; thence South 71 degrees 42 minutes West, tangent with the last
described curve, 64.75 feet to a point of curvature; thence North 74 degrees
49 minutes 25 seconds West, 525.82 feet; thence South 77 degrees 57 minutes 10
seconds West, 175.0 feet to a point on a curved line convex Westerly, having a
radius of 478.0 feet; thence Northerly along the last described curve an arc
distance of 272.087 feet,* to a point of tangency; thence North 20 degrees 34
minutes East, tangent with the last described curve 213.0 feet, to a point of
curvature, thence Northerly along a curved line convex Easterly, having a
radius of 479.02 feet, for an arc distance of 293.533 feet; thence North 59
degrees 15 minutes 11 seconds West, 210.395 feet; thence North 30 degrees 08
minutes 36 seconds West, 262.472 feet; thence North 45 degrees 58 minutes
East, 512.297 feet, to a point of curvature; thence Northeasterly along a
curved line convex. Northeasterly, having a radius of 141.0 feet for an arc
distance of 72.93 feet; thence North 14 degrees 23 minutes 51 seconds West,
radial to the last described curve, 120.0 feet to a point on a curved line
convex Northwesterly, having a radius.of 261.0 feet; thence Easterly along the
last described curve for an arc distance of 80.0 feet; thence South 3 degrees
09 minutes 52 seconds West, radial to-the last described curve, 120.0 feet, to
a point on the aforementioned curve having a radius of 141.0 feet; thence
Southeasterly along said curve for an arc distance of 60.01 feet, to a point
of tangency; . thence South 62 degrees 27 minutes East, tangent with the last
described curve, 395.0 feet, to a point of curvature; thence Easterly along a
curved line convex Southerly having a radius of 500.0 feet, for an arc
distance of 552.632 feet, thence North 35 degrees 46 minutes 37 seconds West,
radial to the last described curve, 120.0 feet to a point on a curved line
convex Southerly having a radius of 380 feet; thence Northeasterly along said
curve for an arc distance of 25.0 feet; thence South 37 degrees 43 minutes 07
seconds East 569.073 feet; thence South 33 degrees 47 minutes West, 45.0 feet
to the place of beginning, in McHenry County, Illinois and also Lot A in Boone
Valley Plat No. 7, being a Subdivision of part of the west Half of Section 34,
Township' 45 North, Range 8, East of the Third Principal Meridian, according to
the Plat thereof recorded August 23► 1973 as Document No. 601785 in McHenry
County, Illinois.
commonly known as: 4724 W. Crystal Lake Road, McHenry, Illinois 60050
Whereas, said Petitioners are requesting a conditional use permit and a
variance on the subject property to permit the construction and use of a
second principal structure on the subject premises as required by the City of
McHenry Zoning Ordinance; and,
Whereas, a hearing was held before the City of McHenry Zoning Board of
Appeals on May 22, 1995, at which time the Zoning Board of Appeals did take
evidence and view exhibits presented thereat by the Petitioners; and,
Whereas, based on evidence heard, the Zoning Board of Appeals found that
there was no overriding reason for not granting the requested conditional use
permit and requested zoning variation; and,
Whereas, the Zoning Board of Appeals found, and the City Council concurs
in that finding, that it would serve the interests of the City if McHenry
Community High School District 156 were granted a conditional use permit to
allow the construction of an administration office building, in that:
a) Any adverse impact of types of volumes of traffic flow not
otherwise typical in the zoning district has been minimized.
b) 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.
c) 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 already existing in the area or normally
associated with permitted uses in the district.
d) The proposed use will not, require existing community facilities or
services to a degree disproportionate to that normally expected or
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.
�a_
e) 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.
f) The proposed use is in harmony with all other elements of the
compatibility pertinent to, the conditional use and its particular
location.
Whereas, the Zoning Board of Appeals found, and the City Council concurs
in that finding, that it would serve the interests of the City if McHenry
Community High School District 156 were granted a zoning variation to allow a
second principal structure on the subject property, in that:
a) Special circumstances exist that are peculiar 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.
b) 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 buildings) for which a variance is sought, such as
dimensions, topography or soil conditions. They do not concern
any business or activity the present or prospective owner or
tenant carries on, or seeks to carry on, therein, nor to the
personal, business or financial circumstances 'of such owner or
tenant or any other party with interest in the property.
c) 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.
d) The strict application of the provisions of The City of McHenry
Zoning Ordinance would result in unnecessary and undue hardship
upon the applicant, as distinguished from mere inconvenience.
e) 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.
f) The grant of a variance is necessary, not because it will increase
the applicant's economic 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.
-3--
g) 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.
h) The granting of a variance will be in harmony with the general
purpose and intent of The City of McHenry Zoning Ordinance and the
City of McHenry Comprehensive Plan, as viewed in light of any
changed conditions since their adoption.
i) The variance requested is the minimum required to provide the
applicant with reasonable use and enjoyment of his property.
Now, therefore, be it ordained by the City Council of the City of McHenry,
Illinois, as follows:
Section 1: That a variance to allow a second principal structure is
hereby granted on the foregoing legally described property and that a
conditional use permit expanding the existing conditional use is hereby
granted on the foregoing legally described property, commonly known as 4724 W.
Crystal Lake Road, McHenry, Illinois, to permit the construction of an
administration building, subject to the following limitations:
1. The proposed building to be used for administrative purposes for
McHenry High School District 156 only;
2. The following items be given special consideration and subject to
review by the Building Department prior to issuance of the
building permit for said building:
a. Trash/refuse disposal area enclosure;
b. Landscape requirements;
c. Installation of sidewalk between the two buildings;
d. No roof top electrical/mechanical units be permitted.
Section 2: All ordinances, or parts thereof, in conflict with the terms
and provisions hereofr are hereby repealed to the extent of such conflict.
Section 3: This ordinance shall be published in pamphlet form by and
under the authority of the corporate authorities of the City of McHenry,
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 7fih day of June , 1995.
AYES: Bolger, Locke, Bates Lawson Baird
NAYS: None
ABSTAINED: None
ABSENT: None
NOT VOTING:-None
Approved this 7th day of June
MAYOR
T:
CITY CLERK
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Douglas Martin,Deputy City Administrator
FOR: January 5,2009,Regular City-Council Meeting
RE: Amendments to the Historic Preservation Ordinance
COMMITTEE RECOMMENDATION: To direct staff to present the changes to the full City Council
for consideration.
At the August 26, 2008 Community Development Committee meeting amendments to the Historic
Preservation Ordinance were first discussed and the committee directed staff to work with the landmark
commission to review and draft any proposed changes to the ordinance(minutes attached).
The majority of the changes are small text edits and deletion of items that typically do not fall under the
scope of duties of a landmark commission. Other changes pertain to the process of historic district
designation,as well as obtaining a certificate of appropriateness. Attached is a copy of the ordinance with
the changes marked.
At its November 25t' Community Development Committee Meeting the Committee directed staff to
present the proposed amendments to the full City Council for consideration.
ORDINANCE
ORD-09--
An Ordinance providing for revisions and amendments to Municipal
Code Chapter 2,Article VII McHenry Historic Preservation Ordinance
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY,
McHENRY COUNTY,ILLINOIS,as follows:
SECTION 1. McHenry Municipal Code Chapter 2 Administration, Article VII McHenry
Historic Landmark Commission, Section 2-186 Historic Preservation Ordinance in effect shall be
replaced in its entirety as follows and as indicated in Exhibit A attached hereto.
There is hereby created a McHenry Historic Preservation Ordinance which shall continue to be
that ordinance adopted on the third day of June, 1998, amended on January 5, 2009 and as amended or
revised by subsequent ordinances. Nothing contained in this Code, or in the ordinance revising this Code,
shall be construed to amend, alter, or otherwise affect the provisions of said Historic Preservation
Ordinance.
SECTION 2. All ordinances, or parts thereof, in conflict with the terms and provisions hereof,
be and the same are hereby repealed to the extent of such conflict.
SECTION 3. This ordinance shall be published in pamphlet form by and under the authority
of the corporate authorities of the City of McHenry, Illinois.
SECTION 4. This ordinance shall be in full force and effect from and after its passage,
approval and publication, as provided by law.
PASSED and APPROVED this 5rb day of January, 2009.
AYES:
NAYS:
ABSENT:
NOT VOTING:
ABSTAINED:
Mayor
ATTEST:
City Clerk
EXHIBIT A
CITY OF MCHENRY
HISTORIC PRESERVATION ORDINANCE
MC-98-709
ARTICLE I
GENERALPROVISIONS............................................................................................................................I
1. PURPOSE AND INTENT................................................................................................................2
2. DEFINITIONS..................................................................................................................................2
3. INTERPRETATION.........................................................................................................................4
ARTICLE 11
THE CITY OF MCHENRY LANDMARK COMMISSION.......................................................................5
1. ORGANIZATION ............................................................................................................................5
2. POWERS AND AUTHORITIES......................................................................................................6
3. SURVEYS AND RESEARCH...............:.........................................................................................8
4. PRESERVATION PLAN..................................................................................................................8
ARTICLE III
DESIGNATION OF LANDMARKS AND PRESERVATION DISTRICTS..............................................9
1. NOMINATION.................................................................................................................................9
2. CRITERIA FOR DESIGNATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
3. INITIAL REPORT..........................................................................................................................11
4. PUBLIC HEARING ON NOMINATION......................................................................................12
5. NOTICE FOR PUBLIC HEARING ON NOMINATION..............................................................12
6. RECOMMENDATION OF COMMISSION..................................................................................13
7. DESIGNATION..............................................................................................................................13
8. NOTICE OF DESIGNATION........................................................................................................13
9. PUBLICATION OF MAP...............................................................................................................14
10. MARKING BY ATTACHMENT OF A PLAQUE........................................................................14
11. AMENDMENT OR RESCISSION OF DESIGNATION..............................................................14
ARTICLE IV
ALTERATION, CONSTRUCTION,DEMOLITION AND MAINTENANCE........................................14
1. SCOPE............................................................................................................................................14
2. CERTIFICATE OF APPROPRIATENESS....................................................................................14
3. CERTIFICATE OF ECONOMIC HARDSHIP..............................................................................19
ARTICLE V
ADMINISTRATION..................................................................................................................................21
1. ENFORCEMENT...........................................................................................................................21
2. PENALTIES....................................................................................................................................21
3. EQUITABLE RELIEF....................................................................................................................22
Page 1 of 20
ARTICLE I
GENERAL PROVISIONS
1. PURPOSE AND INTENT
A. To identify, designate,protect,preserve and encourage the restoration,rehabilitation, and
adaptation for continued use of those sites and structures which represent or reflect the
prehistoric, historic, cultural, artistic, social, economic, ethnic or political heritage of the
City, or which may be representative of an architectural or engineering type inherently
valuable for the study of style,period, craftsmanship,method of construction identified to
an individual builder or architect, or use of indigenous materials.
B. To safeguard the City's historic, aesthetic and cultural heritage, as embodied and reflected
in structures, landscape features, and areas as seen in such examples as houses,
commercial buildings, schools, public buildings, mills, creameries, farms, downtown
business districts, cemeteries, bridges, boat houses, iron fences and open spaces.
C. To stabilize and improve the economic vitality and value of designated landmarks and
preservation districts in particular and of the City in general.
D. To educate the public, government officials, and commercial and industrial interests of
historic preservation, which needs to be fostered continually through a preservation
ordinance.
E. To work with City staff, appointed Boards and Commissions, Aldermen and
Landmark Commission to establish and maintain in the
development and appheation e a historic preservation program.
F. To coordinate the City of McHenry preservation ordinance with the County preservation
ordinance.
G. To foster civic pride in the technological accomplishments, beauty, and nobility of the
past.
H. To protect and enhance the City's attraction to tourists and visitors, and to support and
provide stimulus to business and industry from an historic preservation
perspective.
I. To preserve and promote the use of preservation districts, landmarks and landscapes for
the education,pleasure and welfare of the citizens of McHenry.
2. DEFINITIONS
A. Alteration: Any act or process that changes one or more historic, architectural or physical
features of an area, site, landscape, or structure, including, but not limited to the erection,
construction, reconstruction, or removal of any structure; the expansion or significant
modification of agricultural activities; surface mining
Page 2 of 20
and the clearing, grading or other modification of an area, site or landscape that changes
its current natural condition.
B. Architectural Significance: Embodying the distinctive characteristics of a type, period,
style or method of construction or use of indigenous materials, or representing the work
of a builder, designer, architect, or craftsman who has contributed to the development of
the City, County, State, or the Nation.
C. Archaeological Significance: Importance as an area, site, or landscape that has yielded or
is likely to yield information concerning past patterns of human settlement, or artifacts or
information concerning previous cultures in Illinois or previous periods of the present
culture. Areas, sites or landscapes of archaeological significance may include,but are not
limited to, aboriginal mounds, forts, earthworks, burial grounds, historic or prehistoric
ruins, locations of villages,mine excavations or tailings.
D. Certificate of Appropriateness: A certificate issued by the City
authorizing an alteration, construction, demolition, or removal affecting a nominated or
designated landmark or property within a nominated or designated preservation district.
E. Certificate of Economic Hardship: A certificate issued by the City or- Geffifflissi
authorizing an alteration, construction, demolition, or removal affecting a nominated or
designated landmark or property within a nominated or designated preservation district,
even though a Certificate of Appropriateness has been denied or may be denied.
F. Commission: The City of McHenry Landmark Commission.
G. Construction: An addition to a structure, or the erection of a new structure.
H. Demolition: Any act or process which destroys a structure in part or in whole.
1. Demolition by Neglect: Neglect in the maintenance of any structure resulting in the
deterioration of that structure to the extent that it creates a hazardous or unsafe condition.
J. Design Criteria: Standards of appropriate activity that will preserve the historic,
architectural, scenic or aesthetic character of a landmark or preservation district.
K. Exterior Architectural Significance: The architectural character and general composition
of the exterior of a structure, including, but not limited to the kind, color, and texture of
the building material and the type, design and character of all windows, doors, light
fixtures, signs and appurtenant elements.
L. Historic Significance: Character, interest, or value as part of the development, heritage,
or culture as the location of an important local, county, state or national event, or through
identification with a person or persons who made important contributions to the
development of the City, County, State, or the Nation.
Page 3 of 20
M. Landmark: A property or structure designated as a landmark by ordinance of the City,
pursuant to procedures prescribed herein, which is worthy of rehabilitation,restoration, or
preservation because of its historic, scenic or architectural significance.
N. Landscape: A natural feature or group of natural features including, but not limited to,
valleys, rivers, lakes, swamps, forests, woods, hills, combination of natural features,
structures, objects, cultivated fields, or orchards in a predominantly rural setting.
O. Object: Any tangible thing, including, but not limited to any items of personal property,
wagons,boats, and locally manufactured products that may be easily moved or removed.
P. Owner of Record: The person, corporation or other legal entity in whose name the
property appears on the records of the McHenry County Recorder of Deeds, or those who
paid property taxes for the most recent year according to the records of the McHenry
County Collector.
Q. Preservation District: An area designated as a preservation district by ordinance of the
City, pursuant to procedures prescribed herein, and which may contain one or more
landmarks within definable geographic boundaries, and which may have within its
boundaries other areas, sites, landscapes or structures which, while not of such historic or
architectural or scenic significance to be designated as landmarks, nevertheless,
contribute to the overall visual characteristics of the landmarks located within the district.
R. Removal: Any relocation of a structure or object within the site or to another site.
S. Repair: Any change to a structure that is not construction, alteration, demolition, or
removal and is necessary for continuing normal maintenance and upkeep.
T. Scenic Significance: Importance as a result of appearance or character that remains
relatively unchanged from and embodies the essential appearance related to a culture
from an earlier historic or prehistoric period, as a result of a unique location, appearance
or familiar vista or visual feature, or as a geological or natural feature associated with the
development heritage or culture of the City, County, State, or the Nation.
U. Site: The traditional, documented or legendary location of an event, occurrence, action or
structure significant in the life or lives of a person,persons, group, or tribe, including but
not limited to cemeteries,burial grounds, campsites, settlements, estates, gardens, groves,
river crossings, routes,trails, caves, quarries,mines, or significant plant life.
V. Structure: Anything constructed or erected, the use of which requires permanent or
temporary location on or in the ground, including, but not limited to houses, barns,
smokehouses, signs, billboards, backstops for tennis courts, bridges, fences, pergolas,
gazebos,boat houses,radio and television antennae, solar collectors,microwave antennae
(including supporting towers),roads, ruins, or
Page 4 of 20
1/20/04
remnants(including foundations), swimming pools or walkways.
W. Survey: The systematic gathering of information on the architectural, historic, scenic,
and archaeological significance of sites, structures, areas, or landscapes through visual
assessment in the field and historical research for the purpose of identifying landmarks or
districts worthy of preservation.
3. INTERPRETATION
A. No provision herein shall supersede the powers of other legislative or regulatory bodies
or relieve any property owner from complying with the requirements of any other statute,
code or ordinance of the City of McHenry, and any permit or license required thereunder
shall be required in addition to any Certificate of Appropriateness or Certificate of
Economic Hardship which may be required.
B. The use of property and structures that have been designated under this ordinance shall be
governed by the City of McHenry Zoning Ordinance.
C. If any particular section of this ordinance is declared unconstitutional or void, only that
particular section shall be affected, and all other sections of this ordinance shall remain in
full force.
D. Reserved(MC-03-830)
E. None of the provisions of this ordinance shall be construed to prevent any measures of
construction, alteration or demolition necessary to correct or abate the unsafe or
dangerous condition of any structure or part thereof, where such condition has been
declared unsafe or dangerous by the City of McHenry, the McHenry County Health
Department, or the Fire Protection District, provided, however, that only such work as is
reasonably necessary to correct the unsafe or dangerous condition may be performed.
Page 5 of 20
ARTICLE II
THE CITY OF MCHENRY LANDMARK COMMISSION
1. ORGANIZATION
A. APPOINTMENT: The Mayor shall, with the advice and consent of the City Council,
appoint members to the City of McHenry Landmark Commission.
B. COMPOSITION: The Landmark Commission shall consist of twelve (12) members,
including one(1) student representative.
i) TERMS: The regular term shall be one (1) year for the student
representative and three(3)years for other members. Terms of the initial
members shall be staggered so that four(4) serve for three (3) years, four
(4) serve for two(2)years, and three(3) serve for one(1)year.
ii) OFFICERS: The Mayor shall annually appoint one member to serve as
chairman, and one member to serve as Vice-Chairman, who will serve as
acting Chairman in the Chairman's absence. The Commission shall elect
all other officers by majority vote.
iii) VACANCIES: Vacancies shall be filled by the Mayor with the advice
and consent of the City Council. Any Commission member may be
removed by the City Council for cause.
iv) MEETINGS: Meetings of the Commission shall be held on the first
Tuesday of every month, except in those months when no business is
pending, and shall be held at such times and places within the City as
established by the Commission. All meetings of the Commission shall
be open to the public. The Commission shall keep minutes of its
proceedings. The minutes shall show the vote, or absence or abstention,
of each member upon every official action, and shall be a public record
open for inspection and maintained by the City Clerk. All meetings shall
comply with the Open Meetings Act.
v) QUORUM: Any seven (7) members of the Commission shall constitute
a quorum for the purposes of transacting any business at any meeting of
said Commission. (MC-03-830)
2. POWERS AND AUTHORITIES
A. To conduct an ongoing survey of the City to identify structures, areas, sites, and
landscapes that are of historic, archeological, architectural, or scenic significance, and are
therefore potential landmarks or preservation districts.
Page 6 of 20
B. To hold public hearings and recommend to the City Council designation of landmarks or
preservation districts.
C. To compile information concerning and prepare descriptions of landmarks or
preservation districts identified and recommended for designation and the characteristics
that meet the criteria for designation.
D. To prepare, keep current, and publish a map or maps showing the location and exact
boundaries of proposed and designated landmarks and preservation districts, and the
locations and boundaries of designated County, State or Federal landmarks or
preservation districts.
E. To keep a register of all designated landmarks and preservation districts.
F To establish an appropriate system of markers or plaques for all designated landmarks
and preservation districts, and for streets, roads, trails, and highways leading from one
landmark or preservation district to another, and to recommend that the City
confer recognition upon the owners of landmarks or property within preservation districts
by means of certificates,plaques or markers.
G. To recommend to City Council the nomination of nominate
landmarks and preservation districts to any State or Federal registers of historic places.
H. To advise and assist owners of landmarks and property within preservation districts on
physical and financial aspects of preservation, renovation, rehabilitation and reuse, and
on procedures for inclusion on any State or Federal register of historic places.
I. To inform and educate the citizens of the City concerning the historic, archeological,
architectural, or scenic heritage of the City by publishing appropriate maps, newsletters,
brochures, and pamphlets,and by holding programs and seminars.
J. To develop specific criteria and guidelines for the proper alteration, construction,
demolition, or removal of landmarks, or of property within preservation districts.
K. To hold public hearings and to review applications for construction, alteration, removal,
or demolition affecting nominated or designated landmarks or property within
preservation districts, and issue or deny or recommend approval or denial of a Certificate
of Appropriateness, or of a Certificate of Economic Hardship that would allow the
performance of work for which a Certificate of Appropriateness has been denied for such
actions.
L. To accept and administer on behalf of the City, upon designation by the City Council,
such gifts, grants and money as may be appropriate for the purposes of this ordinance.
M. To administer-any system t bl 1. ,a t the QtY f,.the t f f,1 1opmei4 rights.
Page 7 of 20
N. To seek help from citizen, neighborhood, or area advisory committees, as required from
time to time.
O. To testify before all appointed Boards and Commissions on any matter affecting
nominated or designated landmarks or preservation districts;
P.
in any Comprehensive Plan of the Qty,
Q. To periodically review the Zoning Ordinance and building codes and recommend to the
City Council any amendments appropriate for the protection and continued use of
landmarks or property within preservation districts.
R. To advise or testify on behalf of the City for Federal and State projects requiring cultural
impact surveys.
S.
byaegleet-.
T. To undertake any other action or activity necessary or appropriate to the implementation
of the purposes of this ordinance.
U. To submit an annual report of its activities to the City Council.
3. SURVEYS AND RESEARCH
The Commission shall undertake an ongoing survey and research effort to identify districts, sites,
structures and objects that have historical, cultural, community, architectural, archaeological or
aesthetic significance, interest, or value. As part of the survey, the Commission shall review and
evaluate any prior surveys and studies by any unit of government or private organizations and
compile appropriate descriptions, facts, and photographs.
The Commission shall systematically identify potential landmarks and preservation districts
associated with a particular person, event or historical period, or of a particular architectural style
or school or building material, or of a particular architect, engineer, builder or craftsman, and
adopt procedures to assure systematic survey and nomination of all potential landmarks and
preservation districts within the City.
4. PRESERVATION PLAN
A. The Commission shall, through the aforesaid surveys and research, become thoroughly
familiarized with districts, sites, structures, and objects within the City that may be
eligible for designation as historic landmarks or preservation districts, and prepare a
Historic Landmark and District Preservation Plan.
B. The Historic Landmark and District Preservation Plan shall be presented to the City
Council for consideration and recommendation for inclusion in the Comprehensive Plan.
Page 8 of 20
ARTICLE III
DESIGNATION OF LANDMARKS and PRESERVATION DISTRICTS
1. NOMINATION
The Commission or any person may nominate landmarks or preservation districts for designation
by the City Council, provided however, only the Mayor and City Council shall be permitted to
nominate a landmark or preservation district if the owner of a single proposed landmark, or 25%
or more of the owners in a proposed preservation district, object to the nomination.
Nomination forms shall be filed with the City Clerk, and shall include the following:
A. The name and address of the owner of record of the nominated landmark or of all
properties in a nominated preservation district;
B. The legal description and common street address(s) of the nominated landmark or
preservation district;
C. A map delineating the boundaries and location of the nominated landmark or preservation
district;
D. A statement indicating whether the owner of record of a single nominated landmark or
each of the owners of record within a nominated preservation district consents to the
landmark designation; all reasonable efforts shall be made to secure the written consent
of the owner(s)before filing the nomination;
E. A written statement, with photographs, describing the property and setting forth the
reasons in support of the nomination;
F. In nominating an area for designation as a preservation district, a list enumerating all
properties and improvements in the area previously nominated or designated as a
landmark by the City, or listed on any State or Federal registers of historic places.
2. CRITERIA FOR DESIGNATION
The Commission may recommend to the City Council the designation of landmarks and
preservation districts, upon written proof of notification of the owner of record of a single
nominated landmark or each of the owners of record within a nominated preservation district,
after a thorough investigation results in a determination that a property, structure or district so
recommended is at least fifty(50�years old and meets one(1) or more of the following criteria:
A. It has character, interest, or value which is part of the development, heritage or cultural
characteristics of the City, County, State, or the Nation;
Page 9 of 20
B. Its location is the site of a significant local, County, State or National event;
C. It is identified with a person or persons who significantly contributed to the development
of the City, County, State, or the Nation;
D. It embodies distinguishing characteristics of an architectural style valuable for the study
of a period,type,method of construction or use of indigenous materials;
E. It is identified with the work of a master builder, designer, architect or landscape architect
whose individual work has influenced the development of the City, County, State, or the
Nation;
F. It embodies elements of design, detailing, materials or craftsmanship that render it
architecturally significant;
G. It embodies design elements that make it structurally or architecturally innovative;
H. It has a unique location or singular physical characteristic that make it an established or
familiar visual feature;
I. It has character which is a particularly fine or unique example of a utilitarian structure,
including,but not limited to, farmhouses, gas stations or other commercial structures with
a high level of integrity or architectural significance;
J. It establishes a sense of time and place unique to the City of McHenry;
K. It is suitable for preservation or restoration because of its integrity of location, design,
materials and workmanship;
L. It is included in the National Register of Historic Places or the Illinois Register of
Historic Places;
M. It has yielded, or may be likely to yield, information important to pre-history or other
areas of archaeological significance;
N. It is an exceptional example of a historic or vernacular style or one of few remaining in
the City of McHenry.
3. INITIAL REPORT
Within thirty(30) days from receipt of a complete nomination, the Commission shall cause to be
written an initial report stating whether the nominated landmark or preservation district meets the
criteria for designation herein. The report shall be available to the public in the office of the City
Clerk, and shall contain the following information:
A. An explanation of the significance or lack of significance of the nominated
Page 10 of 20
landmark or preservation district as it relates to the criteria for designation;
B. A description of the integrity or lack of integrity of the nominated landmark or
preservation district;
C. The relationship of the nominated landmark or preservation district to the ongoing effort
of the Commission to identify and nominate all potential areas and structures that meet
the criteria for designation;
D. In the case of a nominated landmark or preservation district found to meet the criteria for
designation,the report shall contain:
i) A description of the significant exterior architectural features of the
nominated landmark that should be protected;
ii) A description of the types of construction, alterations, or demolitions that
should be reviewed for appropriateness pursuant to this ordinance.
4. PUBLIC HEARING ON NOMINATION
Within thirty (30) days from completion of the initial report and recommendation, the
Commission shall schedule a public hearing on the nomination.
Oral or written testimony shall be taken at the public hearing. The Commission may solicit
expert testimony or present its own evidence regarding the historic, archaeological or scenic
significance of a proposed landmark or of any property within a proposed preservation district
relative to compliance with the criteria for designation. The owner of any nominated landmark or
of any property within a nominated preservation district shall be allowed reasonable opportunity
to present evidence and to cross-examine expert witnesses. The hearing shall be closed upon
completion of testimony.
5. NOTICE FOR PUBLIC HEARING ON NOMINATION
A. Notice of the date, time, place and purpose of the public hearing, the street address and
legal description of the nominated landmark or the boundaries of a nominated
preservation district, and a copy of the completed nomination form shall be sent by
certified mail to the owner of record of a single nominated landmark or each of the
owners of record within a nominated preservation district not more than thirty (30) nor
less than fifteen(15)days prior to the scheduled date of the hearing.
B. Notice of the date, time, place and purpose of the public hearing, and the street address
and legal description of the nominated landmark or the boundaries of a nominated
preservation district shall be sent by regular mail to the owners of record of each parcel of
real estate abutting or across a street or alley from the
Page 11 of 20
nominated landmark or preservation district not more than thirty(30)nor less than fifteen
(15)days prior to the scheduled date of the hearing.
C. Notice of the date, time, place and purpose of the public hearing, and the street address
and legal description of the nominated landmark or the boundaries of a nominated
preservation district shall be published in a newspaper of general circulation in the City
not more than thirty(30) nor less than fifteen (15) days prior to the scheduled date of the
hearing.
6. RECOMMENDATION OF COMMISSION
Within thirty(30) days following the close of the public hearing, the Commission shall make its
determination and recommendation upon the evidence whether the proposed landmark or
preservation district meets the criteria for designation. The recommendation to the City Council
shall be passed by a formal vote reseiutiea f the Commission. This recommendation shall
be accompanied by a report stating the findings of the Commission concerning the historic,
archaeological or scenic significance of the proposed landmark or preservation district.
7. DESIGNATION
The City Council shall consider the nomination upon receipt of the report and recommendation of
the Commission. The City Council may schedule a public hearing concerning the nomination
and shall provide notice in the same manner as provided in Section 5 of this article. The City
Council, after reviewing the report and recommendation, shall take one of the following steps
within sixty(60)days from receipt of the recommendation of the Commission:
A. Designate the landmark or preservation district by ordinance;
B. Refer the report and recommendation back to the Commission with suggestions for
revisions, stating its reasons for such action; or
C. Deny the landmark designation. If the City Council denies the landmark designation, no
nomination for landmark designation of the same site, structure or district shall be made
within ninety(90) days of the date of the final denial. (MC-03-830)
8. NOTICE OF DESIGNATION
Notice of the action of the City Council shall be sent by regular mail to the owner of record of the
landmark or all owners of record of property within the preservation district, and to the owners of
record of each parcel of real estate abutting or across a street or alley from the designated
landmark or preservation district. The City will also notify the McHenry County Recorder of
Deeds by forwarding a copy of the designation ordinance to be recorded.
Page 12 of 20
9. PUBLICATION OF MAP
A map showing the location of all designated landmarks and preservation districts shall be
published and amended upon each designation. Copies of the maps shall be available to the
public at the office of the City Clerk.
10. MARKING BY ATTACHMENT OF A PLAQUE
Each designated landmark or preservation district may be marked, with the owner's consent, by
an appropriate plaque carrying a brief description and account of the historical significance of the
property.
11. AMENDMENT OR RESCISSION OF DESIGNATION
The City Council, with or without a recommendation from the Commission, may amend or
rescind designation by the same procedure and according to the same standards and
considerations set forth for designation.
Page 13 of 20
1/20/04
ARTICLE IV
ALTERATION, CONSTRUCTION,DEMOLITION AND MAINTENANCE
1. SCOPE
No exterior construction, alteration, demolition or removal is permitted on property and structures
nominated or designated under this ordinance as landmarks or preservation districts, except as shall be
approved by a Certificate of Appropriateness or Certificate of Economic Hardship.
2. CERTIFICATE OF APPROPRIATENESS
A. Application. Every application submitted to the City for a building permit affecting
property or structures nominated or designated under this ordinance as landmarks or
preservation districts shall be forwarded to the Commission following the receipt of said
application.
Application for review of construction, alteration, demolition or removals not requiring a
building permit, but for which a Certificate of Appropriateness is required, shall be made
on a form available at the City, and shall be forwarded to the Commission following the
receipt of said application.
B. Required Information. The following information shall be required for all applications
for a Certificates of Appropriateness:
i) Street address;
ii) Legal description;
iii) Brief description of the present improvements situated on the property;
iv) A detailed description of the construction, alteration, demolition, or
removal proposed, together with any architectural drawings or sketches,
or a sufficient description to enable anyone to determine the final
appearance of the real estate, including landscaping;
v) Owner's name;
vi) Reserved. (MC-03-830)
vii) Reserved(MC-03-830);
viii) An application fee established by the City Council to cover the cost of
the review process.
Page 14 of 20
C.
athe appheation '- -- -
ladals and pr-eseion distrists. —I€ 131ie-- eari -
4D -s�et--seheduled, The
Commission shall consider the completed application at its next regular meeting. The
Commission shall act promptly and in a reasonable manner in its judgment of plans for
construction, alteration, removal or demolition of structures in preservation districts that
have little historic value and that are not shown on priority lists, except where such
construction, alteration or demolition would seriously impair the historic or architectural
value of surrounding structures or the surrounding area.
D. Design Criteria. The Commission shall consider the following factors in reviewing
applications for Certificates of Appropriateness:
i) HEIGHT: compatible with the style and character of the landmark and
with the surrounding structures within a preservation district;
ii) PROPORTIONS OF WINDOWS AND DOORS: compatible with the
architectural style and character of the landmark and with the
surrounding structures within a preservation district;
iii) RELATIONSHIP OF BUILDING MASSES AND SPACES:
compatible within a preservation district to open space between it and
adjoining structures;
iv) ROOF SHAPE: compatible with the architectural style and character of
the landmark and surrounding structures in a preservation district;
v) LANDSCAPING: compatible with the architectural style and character
of the landmark and with the surrounding structures within a preservation
district;
vi) SCALE: compatible with architectural style and character of the
landmark and with the surrounding structures within a preservation
district;
vii) DIRECTIONAL EXPRESSION: compatible with the dominant
horizontal or vertical expression of surrounding structures and facades;
viii) ARCHITECTURAL DETAILS: treated to make a landmark compatible
with its original architectural style or character.
E. Standards for Review. The Commission, in considering the appropriateness of any
alteration, demolition, construction, or removal shall be guided by the following general
standards in addition to any design.guidelines in the ordinance designating the landmark
or preservation district:
Page 15 of 20
i) Every reasonable effort shall be made to provide a compatible use for a
property that requires minimal alteration of the structure, or site and its
environment, or to use a property for it's originally intended purpose;
ii) The distinguishing original qualities or character of a structure or site and
its environment shall not be destroyed. The removal or alteration of any
historic material or distinctive architectural feature should be avoided
when possible;
iii) All structures and sites shall be recognized as products of their time.
Alterations which have no historical basis and which seek to create an
earlier appearance shall be discouraged;
iv) Changes that may have taken place in the course of time are evidence of
the history and development of a structure or site and its environment.
These changes may have acquired significance in their own right, and
this significance shall be recognized and respected;
v) Distinctive stylistic features or examples of skilled craftsmanship that
characterize a structure or site shall be treated with sensitivity;
vi) Deteriorated architectural features shall be repaired rather than replaced
wherever possible. If replacement is necessary, the new material should
match the material being replaced in composition, design, color, texture,
and other visual qualities. Repair or replacement of missing architectural
features should be based on accurate duplication of features,
substantiated by historic, physical or pictorial evidence, rather than on
conjectural designs or the availability of different architectural elements
from other structures;
vii) The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will
damage the historic building materials shall not be undertaken;
viii) Every reasonable effort shall be made to protect and preserve
archaeological resources affected by or adjacent to any project;
ix) Contemporary design for alterations and additions to existing properties
shall not be discouraged when such alterations and additions do not
destroy significant historical, architectural or cultural material, and such
design is compatible with the size, scale, color, material and character of
the property,neighborhood or environment;
Page 16 of 20
x) Wherever possible, new additions or alterations to structures shall
be done so that the essential form and integrity of the structure
would be unimpaired if such additions or alterations were to be
removed in the future.
F. Determination by Commission. Within fifteen( 5) days f the a + of the
meeting Or- from thel f Y
bl hearing, t t, n ,_. -
a
applie pA µYYr�..e itif , The Commission shall provide City Council
with a recommendation provide .,etie f the approval or denial of the
Certificate of Appropriateness supported by written findings.
G. Denial of Certificate of Appropriateness. A recommendation Of A denial
of a Certificate of Appropriateness shall be accompanied by a statement of the
reasons for the denial. The Commission shall make recommendations to the City
concerning changes, if any, in the proposed action that would cause the
Commission to reconsider its denial and shall fff-with the a ,.i,eai# and ..++,._.,._+
The applicant may submit an amended application or reapply for a
building permit that takes into consideration the recommendations of the
Commission.
H. Failure of Commission to Review Application in a Timely Manner. Failure of the
Commission to make a recommendation to City Council
regarding the final determination on an application for a Certificate of
Appropriateness within ninety (90) days from receipt of a completed application
shall constitute approval and no other evidence shall be needed.
I. Demolitions. Upon receipt of an application for a Certificate of Appropriateness for
demolition, the Commission shall make a recommendation to City
Council regarding itS determination, supported by written findings,
whether one or more of the following criteria are met:
i) The structure is of such interest or quality that it would reasonably
meet national, state or local criteria for designation as a historic or
architectural landmark on its own credentials;
ii) The structure is of such unusual or uncommon design, texture, or
materials that it could not be reproduced, or be reproduced only
with great difficulty and expense;
iii) Retention of the structure would aid substantially in preserving and
protecting another structure that meets the above criteria.
J. Compliance. A Certificate of Appropriateness will become void if there is any
change in the scope of work of the approved application subsequent to the issuance
of the certificate; if twelve (12) months have elapsed after the issuance of the
certificate and no building permit has been issued; or if twenty-four (24) months
have lapsed after issuance of the last building permit and the project has not been
completed.
K. Appeals. Any appeal of a denial of Certificate of Appropriateness shall be made to the
City Council. The City Council, after reviewing the recommendation
detemrifiatien —and written findings of the Commission, shall affirm the
recommendation detenminatien r approve the Certificate of
Appropriateness within sixty(60) days from receipt of the appeal.
3. CERTIFICATE OF ECONOMIC HARDSHIP
A. The City Commission shall issue a Certificate of Economic Hardship only after a
determination that the failure to issue a Certificate of Appropriateness has denied, or
will deny the owner of a landmark or of a property within a preservation district all
reasonable use of, or return on,the property.
B. The City Ceisseg shall require the following information, evidence, or expert
testimony to make a determination on an application for a Certificate of Economic
Hardship:
i) An estimate of the cost of the proposed construction, alteration,
demolition or removal, and an estimate of any additional cost that
would be incurred to comply with the recommendations of the
City Cemmissiea for changes necessary for the issuance of a
Certificate of Appropriateness;
ii) A report from an engineer or architect licensed in the State of
Illinois with experience in rehabilitation as to the structural
soundness of any structures on the property for rehabilitation;
iii) The estimated market value of the property in its current condition;
after completion of the proposed construction, alteration, demolition
or removal; after any changes recommended by the City
Cenffnissien; and, in the case of a proposed demolition, after
renovation of the property for continued use;
iv) An estimate of any decrease in the fair market value of the property
as a result of denial of the Certificate of Appropriateness and any
decrease in the pre-tax return to the owner or other investors in the
property as a result of the denial of the Certificate of
Appropriateness;
21
v) In the case of a proposed demolition, an estimate from a licensed
architect, developer, real estate consultant, appraiser or other real
estate professional experienced in rehabilitation as to the economic
feasibility of rehabilitation or reuse of the existing structure on the
property;
Page 18 of 20
22
vi) The amount paid for the property, the date of purchase, and the
party from whom purchased, including a description of the
relationship, if any, between the owner or applicant and the person
from whom the property was purchased, and any terms of financing
between the seller and buyer, and any consideration by the owner as
to profitable adaptive uses for the property;
vii) If the property is income-producing, the annual gross income from
the property for the previous two (2) years; itemized operating and
maintenance expenses for the previous two (2) years; and
depreciation deduction and annual cash flow before and after debt
service, if any, during the same period;
viii) Remaining balance on any mortgage or other financing secured by
the property and annual debt service, if any, for the previous two (2)
years, and all appraisals obtained within the previous two (2) years
by the owner or applicant in connection with the purchase,
financing or ownership of the property;
ix) Any listing of the property for sale or rent, price asked and offers
received, if any,within the previous two(2)years;
x) The Assessed value of the property according to the two (2) most
recent quadrennial assessments;
xi) The real estate taxes paid or owed for the previous two(2)years;
xii) Form of ownership or operation of the property, whether sole
proprietorship, for-profit or not-for-profit corporation, limited
partnership,joint venture or other;
xiii) Any other information, including the income tax bracket of the
owner, applicant or principal investors in the property considered
necessary by the City Eeissiee-to make a determination as to
whether the property does yield or may yield a reasonable return to
owners.
C. Determination of Economic Hardship. Within one-hundred and twenty (120) days
from receipt of a completed application for a Certificate of Economic Hardship, the
City Eewimissie shall provide notice of the approval or denial of the Certificate
of Economic Hardship supported by written findings
In cases of denial of a Certificate of Economic Hardship, the City Geffffnissie
may offer the owner of the property reasonable financing,
tax or other incentives sufficient to allow a reasonable use of, or return on, the
property; or that the City offer to purchase the property at a reasonable price or
institute eminent domain proceedings
23
D. Any appeal of a denial of a Certificate of Economic Hardship shall be made to the
City Council. The City Council, after reviewing the determination and written
findings of the Commission, shall affirm the determination or approve the
Certificate of Economic Hardship within sixty(60)days from receipt of the appeal.
ARTICLE V
ADMINISTRATION
1. ENFORCEMENT
The City may petition the Circuit Court of McHenry County to restrain and/or enjoin any
construction, removal, alteration or demolition in violation of this act and may request the
removal in whole or part of any exterior architectural feature existing in violation of this
ordinance which may be necessary or desirable to redress any alteration or demolition in
said violation.
2. PENALTIES
Any person found to be in violation of any provision of this ordinance shall be guilty of a
separate offense for each day or portion thereof during which such violation is committed,
continued or permitted, and each offense may be punishable by a fine of not less than fifty
dollars ($50.00), nor more than seven hundred fifty firmed dollars ($750.00),
and the City's reasonable Attorneys' fees.
A. Any person, firm or corporation who alters, repairs, relocates or demolishes by
neglect any landmark or any structure within a preservation district without
complying with the provisions of this ordinance shall be required to restore the
structure and its site to its appearance prior to the violation. This civil remedy shall
be in addition to and not in lieu of any penalty contained in this section.
B. In the case of an unauthorized demolition of a landmark or a property within a
preservation district, the City may choose not to issue a building permit for the
subject property for a period of five(5)years after the date of the demolition.
3. EQUITABLE RELIEF
In addition to other remedies by law, the City may institute any appropriate action or
proceeding to prevent, restrain, abate or correct a violation of this ordinance including, but
not limited to, requiring the restoration of property and improvements to its appearance prior
to the violation.
25
COMMUNITY DEVELOPMENT COM UTTEE MEETING
Tuesday,August 26,2008
Aldermen's Conference Room, 7:00 p.m.
In Attendance: Committee Members: Chairman Alderman Condon, Alderman Santi,
Alderman Glab, and Alderman Wimmer. Absent: None. Staff. Deputy City Administrator
Martin, City Planner Kolner and Deputy City Clerk Kunzer.
Also in Attendance: Landmark Commissioners: Patrick Wirtz, Kaaren Gies, and Gerhard
Rosenberg.
Chairman Alderman Condon called the meeting to order at 7:00 p.m.
Public Input
No one spoke during the time set aside for public input.
Discussion: Amending the Historic Preservation Ordinance
Deputy City Administrator Martin noted the City's Historic Preservation Ordinance is 10 years
old and should be reviewed at this time. Staff has examined the Ordinance and has noted several
areas which might be considered for updating, amendment, alteration or deletion. Staff would
like input from the Committee as well as the Landmark Commission regarding proposed
modifications to the ordinance.
Deputy City . Administrator Martin summarized Staffs suggestions regarding proposed
updates/amendments. The first area discussed was Article II Section 2 Powers and Authorities.
Deputy City Administrator Martin stated Staff believes a reduction by attrition of the number of
Landmark Commissioners might be appropriate, particularly since it is difficult for the
Commission to realize a quorum on a regular basis due to member absence. Typically, the City's
commissions contain seven members. Staff suggests the Landmark Commission be reduced to
seven members.
Landmark Commissioners in attendance raised concerns regarding a proposed reduction in the
number of commissioners. They vocalized the need to maintain the twelve-member Commission.
The Commission has much to do and requires all of their current slate of membership to
accomplish their work. Lengthy discussion occurred regarding this issue.
Aldermen Wimmer and Glab concurred with the Landmark Commissioners and opined the
number of commissioners should remain at twelve.
Discussion then occurred regarding the language allowing a student representative on the
Commission having a one-year term. Staff suggested eliminating the reference to the student
representative as there is not a minimum age requirement for Commission membership.
Chairman Condon expressed a desire to remove the student representative language, as the
Commission would then be able to fill a Commission vacancy more easily.
Community Development Committee Meeting
i
August 26, 2008
Page 2
It was the consensus of the Committee to leave the language as-is regarding the reference to a
student member on the Landmark Commission.
Deputy City Administrator Martin stated there are many duties included in Article H of the
Ordinance which are not currently applicable to the Commission. He suggested Staff meet with
Landmark Commissioners to review the stated duties to determine what changes should be made
to more accurately reflect the actual duties and responsibilities of the Commission.
Discussion followed regarding several of the listed duties. It was suggested the Commission
should provide the City Council with an annual report outlining the Commission's
accomplishments each year. This item is included in the Ordinance, but no reports have been
provided to date.
Planner Kolner suggested it would be beneficial to both the Commission and the Council to view
a list of Commission accomplishments each year. Aldermen Glab and Santi concurred.
Landmark Commission Chairman Wirtz suggested he could meet with Staff to create a list of
accomplishments during the past year. This report could be presented in writing or in person to
Council each year.
y Planner Kolner noted several general amendments Staff would recommend to make the language
of the Ordinance more consistent with other City ordinances. All references to the Commission
approving7 ", authorizing7 "determining"determining should be changed to "recommend" or "provide a
recommendation" to the City Council regarding approval, denial, etc.
Following an inquiry by Commissioner Gies, Deputy City Administrator Martin stated the
Certificate of Economic Hardship information required in Article IV(3)(B)iii would be amended
to require the "current assessed valuation" of the subject property as opposed to the "estimated
market value" which would be difficult to determine without requiring an appraisal of the
property.
Commissioner Gies also noted a typographical error in the Penalties section of the Ordinance.
Deputy City Administrator Martin acknowledged the Penalty for violation of the provisions of
the Ordinance should be between $50 and $750 for each offense.
Planner Kolner stated Staff recommends removal of all references to "color" within the
Ordinance as the perception of the general public is that a historical preservation ordinance
attempts to control everything within a preservation district, including what color buildings can
be painted. A lengthy discussion followed. The Landmark Commissioners expressed strong
feelings regarding the need to include "color" as one of the restrictions in the approval criteria
for a Certificate of Appropriateness. They stressed it is imperative to include color selection in
determining the appropriateness of possible building improvements.. In order to maintain the
r
Community Development Committee Meeting
August 26, 2008
Page 3
i
authenticity of historical structures, building colors must complement the structure's historical
integrity.
Alderman Glab concurred with the commissioners and noted that other neighboring communities
have discovered the error of non-restrictive color choices when repairing, improving or
renovating older structures. He opined color review and control is necessary.
Chairman Condon suggested Deputy City Administrator Martin meet with representatives of the
Landmark Commission to review the Preservation Plan and Designation of Landmark and
Preservation District portions of the Ordinance.
Chairman Condon further suggested that rather than going over the Ordinance line by line at this
time, Staff could meet with Commission representatives to suggest Ordinance modifications and
amendments. The proposed modified Ordinance could then be brought back to the Community
Development Committee for review and further discussion prior to making a recommendation to
Council for adoption.
Members of the Landmark.Commission departed at 7:40 p.m.
Discussion: C
Depu r artin noted the Committee at its July 22, 2008 meeting directed
St research how other municipalities have advanced the placement of public artwork in
their c ties. Staff contacted the Illinois Arts Council to inquire as to potential financial
resources, as as the City of Carbondale and the City of Joliet to obtain information about the
development of th blic art programs. A synopsis of the information obtained from Joliet and
Carbondale, as well as erville and Aurora was included in the Staff Report for this Agenda
Item.
Deputy City Administrator Martin ed grant monies are available from the Illinois Arts
Council. However, applications must be de through local participatory tourism councils. The
City of McHenry would not be able to make ication to the Illinois Arts Council on its own.
- Deputy City Administrator Martin reported the-Mc Riverwalk Foundation is attempting to
implement a similar project and would like to install pu along the Riverwalk. It is Staffs
recommendation at this time to hold off on further investiga of the creation of a community
art program so as to avoid duplication of McHenry Riverwalk Fou tion efforts.
Alderman Wimmer concurred with Staff and suggested waiting to s ow the McHenry
Riverwalk Foundation proceeds with their project.
Al
►ry
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Douglas Martin,Deputy City Administrator
FOR: January 5,2009,Regular City Council Meeting
RE: Amendments to the Tree Preservation Ordinance
Background
The Community Development Committee discussed amendments to the existing Tree Preservation
Ordinance (attached) at its October 28, 2008 Community Development Committee meeting (minutes
attached).
Staff Analysis
The Superintendent of Forestry and Park Planning has completed research on this subject and is
proposing the following amendments to the ordinance:
1. Section 24-42 Tree Removal Permit Required, is the 10"minimum diameter still acceptable?
The diameter should be reduced to six inches, currently ten inches, as the time it takes for a tree
to add four inches of caliper can be significant;
2. Section 24-45 Should the current list of trees be maintained, expanded or eliminated?
These trees could be replaced on a one for one basis instead of requiring compensation. Some
properties only have these types of tree on them and to lose that amount of biomass would
impact the community in a negative manner. Air quality, noise reduction, storm water
detention and carbon sequestration are a few of the ways the community can be .adversely
affected;
3. Section 24-47(f)
Delete letter(f) Tree Protection Measures
(f) "Tree Protection Measures may be temporarily suspended by the Community
Development Department Director, but only if the Director determines suspension is necessary
to complete the improvements on site".
4. Section 2448(c)
With regard to letter(c) replace the current text with the Subdivision Control and Development
Ordinance(technical section)list of trees approved for residential use.
5. Section 24-48(e) Should the fee be raised for each tree not planted?
With regard to letter(e)the$100 does not cover the tree replacement cost to the City. The new
cost shall be determined using the regional cost per square inch of trunk area(cross section) to
determine actual tree value. This information is found in the Ninth Edition of the Guide for
Plant Appraisal or most recent edition,published by the International Society of Arboriculture.
6. Section 24-49 Should the fee for a tree removal permit be increased?
The fee for a tree removal permit should be raised to $75 to cover staff review and field
inspection time.
7. Section 24-50 Is the minimum diameter at breast height(DBffi for death or substantial
destruction of any tree within the City acceptable?
The minimum diameter at breast height(DBH) should be amended to six inches instead of the
current minimum of ten.
It is the responsibility of the Superintendent of Forestry and Park Planning to administer and enforce all
aspects of this ordinance.
Committee Recommendation
The Community Development Committee recommended to the McHenry City Council that the Tree
Preservation Ordinance be updated as presented this evening, including an increase in violation fines and
the requirement that violators be required to pay for a tree removal permit in addition to paying
appropriate fines. Staff is recommending a fine of$75/tree in addition to requiring violators to obtain a
tree removal permit.
ORDINANCE
ORD-09--
An Ordinance providing for revisions and amendments to Municipal
Code Chapter 24,Article III Tree Preservation Ordinance
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY,
McHENRY COUNTY,ILLINOIS,as follows:
SECTION 1. McHenry Municipal Code Chapter 24 Trees, Shrubs and Noxious
Growths, Article III Tree Preservation, Sections 24-40 through 24-50, shall be and is hereby
deleted and replaced in its entirety as indicated in Exhibit A attached hereto.
SECTION 2. All ordinances, or parts thereof, in conflict with the terms and provisions
hereof,be and the same are hereby repealed to the extent of such conflict.
SECTION 3. This ordinance shall be published in pamphlet form by and under the authority
of the corporate authorities of the City of McHenry,Illinois.
SECTION 4. This ordinance shall be in full force and effect from and after its passage,
approval and publication, as provided by law.
PASSED and APPROVED this 5`h day of January, 2009.
AYES:
NAYS:
ABSENT:
NOT VOTING:
ABSTAINED:
Mayor
ATTEST:
City Clerk
EXHIBIT A
ARTICLE III TREE PRESERVATION(MC-99-737)
Sec.24-40 Purpose
The Tree Preservation requirements specified herein are intended to foster aesthetically pleasing
development that will protect and preserve the appearance,character, general health, safety, and welfare
of the community; and, enhance property values. Specifically,these regulations are intended to increase
the compatibility of adjacent uses by preserving natural areas that become buffers between uses and in
doing so, minimize the harmful impact of noise, dust, and other debris; motor vehicle headlight glare or
other artificial light intrusions, and other objectionable activities or impacts conducted, created by
adjoining or nearby uses; reduce topsoil erosion and storm water runoff, reduce energy consumption
through windbreak and shade; and preserve nesting for birds and wildlife.
Sec.24-41 General Scope.
The provisions of this Article shall apply to the following private parcels of land:
(a) Any subdivision of land in any zoning district resulting in the creation of three or more
lots;
(b) All single-family residentially zoned lots larger than two acres;
(c) All property zoned other than single-family residential, larger than one acre;
(d) All areas seeking annexation to the City;
(e) Exceptions: nurseries or orchards.
Sec.24-42 Tree Removal Permit Required.
No live tree measuring teihes(six inches)in diameter at breast height (DBH) or greater, shall be
removed from properties outlined in Section 24-41 without first obtaining a Tree Removal Permit from
the Gefmnunity Develepmei# Depmtmmt(Parks and Recreation Department). For purposes of this
ordinance,DBH shall be considered to represent height of 54 inches above the base of the tree.
12/07
Exceptions:
(1) Emergency: A tree removal permit is not required when removal is necessary due to an
emergency situation posing an immediate threat to a person, property, or the community, and
where such an emergency renders compliance with the permit process unreasonable. The
individual who removes the tree shall first attempt to call the
Dot(Parks and Recreation Department)to obtain field permission to remove the tree. If
permission cannot be obtained due to unavailability of the
Depaf�me (Parks and Recreation) Staff, the tree may be removed, provided the person
removing the tree notifies the (Parks and Recreation
Department
)within 48 hours of the removal of the tree and the reason for its removal.
(2) Where no tree on the parcel of land measures ten inehes (six inches
)DBH as verified by City
Staff.
(3) Properties for which a specific landscaping or tree preservation plan has been approved prior to
the effective date of this Article pursuant to the terms of an annexation agreement or other
specific agreement or ordinance applicable to such property.
Sec. 24-43. General Procedures for All Applications.
In connection with a Site Development Permit, the Director of EeffHH'anit3`
Development (Construction and Neighborhood Services and the Superintendent of
Forestry and Park Planning) shall review the tree survey and tree preservation plan and
either approve or deny the application.
(a) In connection with a subdivision, the Planning and Zoning Commission (and the
Superintendent of Forestry and Park Planning) shall review the tree survey and
preservation plan and make a recommendation to the City Council for approval or
denial.
(b) Where no subdivision of land or Site Development Permit is required, the Eeffwa+mi
(Superintendent of Forestry and Park Planning) shall review the
tree survey and preservation plan and make a recommendation to the City
Council(through the Director of Parks and Recreation)for approval or denial.
See. 24-44. Submittal Requirements for Permit.
(a) Any person requiring a Tree Removal Permit due to development, redevelopment,
subdivision,new construction, expansion, structural alteration, or other improvement to
private structures or property shall submit the following information to the Gemmimit-Y
:(Construction and Neighborhood Services Department and
written notification to the Department of Parks and Recreation.)
(1) A tree survey which shall consist of a plat of survey indicating the location,
size, and botanical and common name of all trees located on the parcel with a
tear(10 (six 6 )inch DBH or greater. The tree survey shall also include all
proposed structures and impervious areas and identify those trees for removal.
(2) A written statement indicating the reasons for removal of tree(s).
(3) A tree preservation plan which is the tree survey including a designation in
plan form of the trees that are to be preserved and protected. The plan should
include methods and procedures to be used for tree protection.
12/07
(b) Any person requiring a Tree Removal Permit on a parcel not undergoing site
development, subdivision, or any work involving a building permit, the following
information must be provided:
(1) A plat of survey of the parcel. The location, size and species of tree(s) to be
removed shall be noted on the survey as accurately as possible.
(2) A written statement indicating the reasons for removal of the tree(s).
(3) Reasons for tree removal related to disease or good forestry practices may
require justification in writing by a certified arborist.
Sec.24-45 Tree Removal
(a) When a person desires to remove a tree on a parcel of land covered under Section 24-
41, General Scope, whether it is part of a site development or not, such removal shall
be deemed justified where one or more of the following conditions are clearly
demonstrated by the person seeking a tree removal or site development permit:
(1) A tree creates a safety hazard to pedestrians, vehicle traffic, structures,
utilities, or a threat to public safety.
(2) The tree is incurably diseased or has been severely weakened by age, storm,
fire, or other natural disaster.
(3) Good forestry practice requires removal. Said forestry practice includes such
considerations as to the number of healthy trees a given parcel of land will
support.
(4) .n_„ one e f the fellewing 4ees '„be e ea a . bJ t at t T
ree
�
ReplaeementSehedtrle—in—Seet en 24 4: These trees are subject to the
following tree replace schedule: five percent of the total diameter at breast
height(dbh) will be required as compensation for removal (e.g. the total dbh
of the trees listed below is 2400 inches x 05(5 percent)=120 inches of
replaceable diameter. 120 inches of diameter divided by the diameter of the
replacement trees=the number of trees.)
Common Name Botanical Name
Box Elder Acer negundo
Chinese Elm Ulmus parvifolia
Poplar Populus (species)
Cottonwood Populus deltoides
Catalpa Caltalpa speciosa
Choke Cherry Prunus virginiana
Willow Salix(species)
Black Locust Robinia psuedo-acacia
Silver Maple Acer saccharinum
Mulberry Morus rubra
Tree-of-Heaven Ailanthus altissima
Lombardy Poplar Populus nigra
Siberian Elm Ulmus pumila
12/07
Sec. 24-46. Criteria for Approving a Tree Preservation Plan.
(a) General design.
(b) Planting specifications.
(c) Extent of existing tree coverage and consideration that reasonable efforts are being
taken to retain existing trees.
(d) Techniques for the preservation and protection of existing trees during construction.
(e) Ratio of non-deciduous to deciduous trees.
(f) Provisions for replacing destroyed or damaged trees and the planting of additional trees
where desirable.
(g) General environmental considerations.
Sec.24-47. Tree Protection Rights.
The following tree protection techniques shall be employed during any work conducted on the site. The
tree preservation plan shall specify the following:
(a) All grading and construction equipment shall not encroach within the drip line of a tree.
(b) Crushed limestone, hydrocarbons and other materials detrimental to trees shall not be
placed within the drip line of any tree being preserved,nor at any higher location where
drainage toward the tree could affect the health of the tree.
(c) Appropriate protective fencing shall be temporarily installed at the periphery of the
tree's drip line throughout the duration of site development and construction activities.
(d) The area within the drip line of the trees shall remain free of building materials, dirt, fill
and construction debris.
(e) Methods used to preserve trees shall be clearly specified. Methods other than outlined
in this Section may be considered if demonstrated to be in keeping with good forestry
practice and maintaining the highest viability.
Develepment if the eete aete
r > >
isien is
ileeesswy4e Omit
(g) The owner/developer must notify the Commimity Development Department (of
Construction and Neighborhood Services)48 hours prior to work being performed
within areas under protection as indicated on the approved Tree Preservation Plan.
Section 24-48.Tree Replacement Schedule.
(a) Trees removed, whether or not due to construction, site development or subdivision of
land, shall be replaced according to the following schedule:
Tree(s)Removed
Caliper(in inches DBH) #of Replacement Trees
30"or greater 3
18"—29" 2
6" -17" 1
12/07
(b) All replacement trees shall have a minimum caliper of fouf (two) inches measured at
six inches above the base of the tree.
(c) Replacement trees shall be limited to the following species or as determined by the
approving authority:
Common Name Botanical Name
Sugar-Maple Aeer-saes
Nefway Maple "
Red Maple "eerg
Green Mettntaie Sugaf Maple AeeF sae " peen-A "
Pied-" er-eias berealis
Shingle Oak Q b
Lialeleaf Lindea 4"'i eefdata
Silver Linden T''lia tementes
Gfimean Linden T-illia x eueb4er-
Pifte(IQ' height minimufa
-HaekbefFy C—eltis-eeeidepAahs
Hesse EuFopean Ash *iaus exeelsier-"Hess el"
Green As'' Fr-axiaus peimstilvaniea
Blue Ash Fmxinus quadr-aguW
Themless 149fley4eetist Gleditsi-a tr-iaeaa`hes in
Nei4hem)
C'.�......o "n' l.e;..l.+ )
v
Tree Species Approved for Planting on Private Properly
Within the Boundary of the City of McHenry
Norway Maple—Acer platanoides Scarlet Oak—Ouercus coccinea
Ohio Buckeye—Aesculus lg abra Shingle Oak—Ouercus imbricaria
Common Horsechestnut—Aesculus Hippocastenum Pear, Callery—PMs calleryana
Riverbirch—Betula nigra London Planetree—Platanus cerifolia
American Hornbeam—Carpus coroliniana Dawn Redwood—Metasequoia glyptostroboides
Bitternut Hickory—Caaa cordiformis Sweetgum—liquidambar styraciflua
Shagbark Hickory—Carya ovata Tulip tree—Liriodendron tuli ip•fera
Black Walnut—Ju laus nigrra Zeklova, Japanese—Zelkova serrata
Eastern Red Cedar—Juniperus virginiana Catalpa—Catalpa speciosa
American Larch—Larix laricina European Black Alder—Alnus glutinosa
European Larch—Larix decidua Black Tupelo—N sssa sylvatica
Red Mulberry—Morus rubra Whitespire Birch—Betulaplatyphylla `whitespire'
Black Hills Spruce—Piceu glance densata Pagoda Dogwood—Cornus alterni folia
White Oak—Quercus alba Amur Maple—Acer gmnala
Swamp White Oak—Quercus bicolor Paperbank Maple—Acer griseum
Burr Oak—Quercus macrocarpa Flowering Crabs—Malus supp.
Red Oak—Quercus rubra Magnolia, Cucumber tree—Magnolia acuminate
Bald Cypress—Taxodium distichum Magnolia, Saucer—Magnolia x soulangiana
White Cedar—Thuj a occidentalis Magnolia, Star—Magnolia stellata
Basswood—Tilia Americana Douglas fir—Pseudosuga menziesii
Black Oak—Quercus Velutina Eastern White Pine—Pinus strobus
Chesnut Oak—Quercus prinus Swiss Stone Pine—Pinus cembra
Chinkapin Oak—Quercus muehlen ergii Norway Spruce—Picea abies
English Oak—Quercus robur White Spruce—Picea glanca
Sawtooth Oak—Quercus acutissima All Trees Listed as Permitted Street Trees
(d) Oaks shallnet be plantedOmit
paved r � s
(e) In keeping with good forestry practice, if sufficient space is not available to plant
replacement trees, the owner/developer shall pay the City " (the current
replacement cost using the regional cosier square inch of trunk area(cross section) to
determine actual tree value. This information is found in the International Society o
Arboricultures Guide for Plant Appraisal Ninth Edition(or most recent edition) and by
using the Illinois Arborist Associations Guide for species Ratings and Appraisal
Factors for Illinois-Region A.) each tree not planted in compliance with the
replacement schedule. Said amount is to be utilized for tree planting or tree
preservation programs operated by the City.
Sec.24-49.Fees.
The fee for a Tree Removal Permit shall be BOA, 75.00) payable upon the submittal of a Tree
Removal Permit application.
Sec. 24-50.Administration and Enforcement.
Any person, firm, or corporation that violates any provision of this Article shall be subject to a fine of
not less than $25.09 75.00) nor more than the maximum permitted by State Statute for each offense
(per tree), plus the City's cost of prosecution including reasonable attorney's fees. Each day that a
violation exists and a tree removal permit is not obtained shall constitute a separate offense. Further, a
separate offense shall be deemed committed for each tree injured, removed, destroyed or for any
undertaking of any procedure, the result of which is to cause the death or substantial destruction of any
tree within the City,having a DBH off: six inches or greater.
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Community Development Committee Meeting
October 28,2008
Page 4
jAlderman .
1CWere prevalent in the community. He suggested if the City's prohibition were reversed, the
ount of"wavers"would blossom, particularly in light of the current economy.
Alderman ti stated there are other means of marketing the business, such as feather banners
or blow-up fi He suggested the company look into an alternative method of marketing.
Deputy City Admin ator Martin noted these types of signs (blow-up figures, banners, etc.)
would be allowed wit temporary use. Planner Kolner noted temporary uses/signs are
permitted for a maximum o days, followed by a 30 day moratorium after which another 30-
day temporary use permit could b anted. Perhaps this would satisfy the needs of the company.
Mr. Oman responded the company wo likely utilize the temporary use signs again this year.
However, the utilization of the costumed " r" is needed as well.
Chairman Condon suggested City Attorney Mc Ar be consulted as to the City's liability
regarding the Freedom of Speech, particularly as it pe ' to case law resulting from other
municipality's restrictions and/or prohibitions on moving/cos d "waver" signs. If necessary,
he could be invited to attend the next meeting of the Committee (No er 25, 2008).
Mr. Oman suggested City Attorney McArdle could be in contact with the corpor orneys for
Liberty Tax Service Drior to
Tree Preservation Ordinance Amendments
Deputy City Administrator Martin stated Superintendent of Forestry and Park Planning Schmidt
has completed a review of the City's Tree Preservation Ordinance. The Tree Preservation
Ordinance was adopted more than ten years ago .and was due to be updated. Superintendent
Schmidt suggested the following amendments:
1. Section 24-42 Tree Removal Permit Required.
Staff questioned if the 10" minimum diameter is still acceptable and suggested it be reduced to 6" in
diameter.
2. Section 24-45 ' Tree Removal
Staff suggested a modification to the policy regarding Section 24-45(a)(4), the list of trees which may be
removed and are not subject to the Tree Replacement Schedule in Section 24-48. It is suggested the trees
could be replaced on a one for one basis instead of requiring compensation. Some properties only have
these types of tree on them and to lose that amount of biomass would impact the community in a negative
manner. Air quality, noise reduction, storm water detention and carbon sequestration are a few of the ways
the community can be adversely affected.
3. Section 24-47 Tree Protection Rights
Staff suggested deleting 24-47(f) which currently allows for the temporary suspension of Tree Protection
Measures. Any temporary suspension would permanently and adversely impact the affected trees.
4. Section 24-48 Tree Replacement Schedule
Staff suggested with regard to letter 24-48(c)to replace the current text with the Subdivision Control and
t_ 1 Development Ordinance(technical section)list of trees approved for residential use.
Community Development Committee Meeting
October 28,2008
Page 5
�f
5. Section 24-48 Tree Replacement Schedule
Regarding Section 24-48(e), Staff suggested that the current fee of $100 does not cover the tree
replacement cost to the City. The new cost should be determined using the regional cost per square inch of
trunk area(cross section)to determine actual tree value. This information is found in the Ninth Edition of
the Guide for Plant Appraisal or most recent edition, published by the International Society of
Arboriculture which is updated from time to time.
6. Section 24-49 Fees
The current fee for a tree removal permit is $45. Staff suggested an increase to $75 in order to cover staff
review and field inspection time.
7. Section 24-50 Administration and Enforcement
Violations currently pertain to any tree with a minimum diameter at breast height (DBH) of 10". Staff
suggested this be amended to pertain to trees of six inches or more.
Responding to an inquiry from Alderman Santi, Superintendent Schmidt noted the current
standard for tree replacement using the formula published in the International Society of
Arboriculture would result in more accurate replacement costs as opposed to the current rate of
$100 per tree being replaced. A 2" caliper tree being replaced as per the ISA standards would be
$270, a much more realistic and actual cost.
(� Chairman Condon invited Mr. Rapata to comment on the proposed amendments to the Tree
Preservation Ordinance.
Mr. Rapata stated he has been promoting a more restrictive tree ordinance for the past ten years.
He is happy to seethe City is finally moving forward with updates. Mr. Rapata suggested the
current minimum fine of$25 should be increased. He also stated any violators should also be
required to pay for a tree removal permit in addition to payment of appropriate fines. Mr. Rapata
inquired if the Committee would consider reducing the 2-acre minimum lot size which requires
adherence to the ordinance.
Deputy City Administrator Martin noted the 2-acre minimum applies to single-family residential
property. For property other than single-family residential, the minimum lot size to which the
ordinance is applied is 1-acre.
Alderman Glab stated the ordinance is meant to restrict arbitrary tree removal by developers. The
ordinance is not meant to burden single-family residents who may choose to cut down or prune
trees on their property. Alderman Glab further stated the City needs to protect its trees but not
over-regulate to the disadvantage of individual home owners. He concurred that any violators
should be required to pay the fine but also pay for the tree removal permit.
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Community Development Committee Meeting
October 28,2008
Page 6
Motion by Santi, seconded by Glab, to recommend to the McHenry City Council that the Tree
Preservation Ordinance be updated as presented this evening, including an increase in violation
fines and the requirement that violators be required to pay for a tree removal permit in addition
to paying appropriate fines.
Voting Aye: Santi, Glab, Condon.
Voting Nay: None.
Absent: Wimmer.
Motion carried.
Alderman Glab suggested the City look at the Emerald Ash Borer and devise a plan to protect its
trees from infestation. Superintendent Schmidt noted that matter is being discussed at the Parks
and Recreation Committee.
Chairman Condon requested the minutes reflect that tree concerns are not always parks issues. It
was suggested the matter might be better suited to the Community Development Committee.
Code Enforcement U12date
Dep in reported the Code Enforcement Division of Construction and
Neil ood Services completed 677 site visits between January 1, 2008 and August 6, 2008.
Staff is in rocess of developing a logging/tracking system for compliance of complaints.
There are curren ore than 116 open complaints. While the report is a work in progress, Staff
is making strides in a ing an accurate report system for the process.
Suggestion was made to provide s Reports of the Code Enforcement Division on a quarterly
basis to Council. The information co a disseminated via the Friday Report.
Neon Sin endments
Deputy City Administrator Martin reported the ittee at its August 26, 2008 regularly
scheduled meeting discussed the regulation of he
si Staff was directed to write a proposed
sign ordinance amendment which would regulate the amo of neon signage allowed based on
building frontage, similar to how wall signage is currently re ted. Staff is recommending the
___ following amendments to the sign ordinance regarding neon signs:
1. Amend Section IX Signs, Subsection(B)(2)by replacing it with the following:
p. Window Signs(except interior neon window signs; see IX(B)(9)and Tabl
2. Amend Section IX Signs,subsection(B)(9)by adding the following:
Neon Signs
Neon Signs are only permitted in nonresidential zoning districts on interior window i ccordance
with the following provisions:
a. Only one neon sign is permitted per window pane;
b. Exposed neon tubing and light bulbs are prohibited;
c. Neon signs shall not be used to outline windows and doors, accentuate or trim architectu
d. Neon signs shall not cover more than 50%of any window pane.