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Packet - 11/06/2006 - City Council
City of McHenry 333 South Green Street McHenry,Illinois 60050-5495 r www.ci.mchenry.il.us Mayor's Office AGENDA (815) 363-2108 REGULAR CITY COUNCIL MEETING Fax (815) 363-2119 Monday, November 6, 2006, 7:30 P.M. Clerk's Office (815)363-2100 Fax(815)363-2128 1 1. Call to Order Administration (815)363-2108 2. Roll Call v Fax(815)363-2119 Public Works 3. Pledge of Allegiance — McHenry Webolos Pack No. 131 Community Development 4. Public Input Session — 10 Minute Limitation (815)363-2170 Fax(815)363-2173 5. Consent Agenda: Parks and Recreation A. Committee Recommendation to enter into a contract with 3D Design Studio for (815)363-2160 design, documentation preparation, and construction observation services for Fax(815)363-3186 renovations to Malibu Playground and Creekside Park for $7,975; B. Request to close a portion of Green Street between James and Main Streets for Collier Police Non-Emergency Barcus Honorary Street Sign Ceremony, November 9, 2006; (815)363-2200 C. Ordinance amending Municipal Code Chapter 2, Sec. 2-38; Fax(815)363-2149 D. Resolution establishing 2007 City Council meeting schedule; and E. October 30, 2006, City Council meeting minutes. Mayor 6. Request for setback, parking, and building codes variances; and, a conditional Susan E.Low use permit for a restaurant serving alcoholic beverages for property located at City Clerk 921 Front Street Janice C.Jones 7. Intergovernmental Agreement with Village of Prairie Grove for purchase of Treasurer Snow and Ice Control Salt at cost from the City of McHenry David M.Welter Aldermen 8. Ordinance amending Municipal Code Chapter 8, Flood Plain Regulations WARD 1 9. Mayor — Statement and Reports Victor A. Santi WARD 2 10. Committee Reports Andrew A.Glab 11. Staff Reports WARD 3 Jeffrey A. Schaefer 12. Future Agenda Items WARD 4 13. Adjournment Steven C.Murgatroyd WARD Posted and Mailed: November 1, 2006 Richard W.Wimmer WARD 6 Robert J.Peterson WARD 7 Geri A.Condon F 00, CONSENT AGENDA The Consent Agenda for the November 6, 2006 City Council meeting consists of the following items: A. Committee Recommendation to enter into a contract with 3D Design Studio for design, documentation preparation, and construction observation services for playground renovations at Malibu Playground and Creekside Park for $7,975; B. Request to close a portion of Green Street between James and Main Streets for Collier Barcus Honorary Street Sign Ceremony, November 9, 2006; C. Ordinance amending Municipal Code Chapter 2, Sec. 2-38; D. Resolution establishing 2007 City Council meeting schedule; and E. October 30, 2006 City Council meeting minutes. Attachments CONSENT AGENDA To: Mayor and City Council From: Pete Merkel, Director of Parks&Recreation For: November 6, 20o6 Regular City Council Meeting Committee Recommendation: To approve a contract with 3D Design Studio, Grayslake, IL to provide design,construction document preparation and construction observation services for two playground renovations in the amount of$7,975.00 BACKGROUND The City has committed to a playground renovation program to bring all sites up to current safety codes and to meet ADA guidelines. $1oo,000 has been budgeted in the CIP Program for FY 20o6-07. Playground structures in all of our large parks have been completely renovated in the last five years. We are now beginning to plan for renovation of the small neighborhood (Tot Lot) parks. The two sites scheduled for this year are Malibu Playground and Creekside Park. 3D Design Studio has been involved with the city providing park and playground design services for the last four years. Our staff met with representatives from 3D Design Studio to tour these two sites and to review renovations and access issues. A proposal has been submitted to provide professional design and construction management services for these renovations. Staff was directed to request a proposal for these professional services at the June 13, 2oo6 Parks&Recreation Committee meeting. A proposal was presented and reviewed at the October 18, 20o6 Parks and Recreation Committee meeting. The committee recommended approval of the 3D Design proposal for professional services. We will have a better idea on the estimated cost once the final design is approved and completed. /Pete/Consent Agenda/3D Contract to Renovate Two Playgrounds Attachment: 3D Design Studio Proposal 3D DESIGN STUDIO Mr.Pete Merkel Director of Parks and Recreation City of McHenry 333 S. Green Street McHenry, IL 60050 RE: TOT LOTS RENOVATION-PHASE II PROPOSAL Dear Pete, I would like to thank you for the opportunity to submit this proposal to provide site base- mapping, concept development, final design and site construction bidding assistance for the Tot Lots Renovation Project. The following outlines our proposed approach and Scope of Services: SCOPE OF SERVICES I. DESIGN REFINEMENT AND PRODUCT SELECTION A. We will use the existing conditions plans we received from the City of McHenry and will develop initial design plans for the Malibu Playground and Creekside Park playground. We will work within the established budget of $90,000 to renovate these two tot lot playgrounds. We will plan to meet with you on each site location to review specifics regarding the each playground development. B. We will also plan to photograph each area for our reference. We will document items discussed and decisions reached and provide minutes via email. C. We will coordinate with playground manufacturers to request the three playground equipment proposals with options the City can use to review for selection purposes. II. FINAL DESIGN AND BUDGET PREPARATION A. After the playground equipment selection is made, we will make any revisions necessary and incorporate these into a Final Design plan for each tot lot for the purpose of requesting competitive bids. 529 BARRON BOULEVARD GRAYSLAKE, ILLINOIS 60030 (847) 223-1891 VOICE (847) 223-1892 FAX WEBSITE: www.3DDESIGNSTUDIO.COM EMAIL: INFO@3DDESIGNSTUDIO.COM City of McHenry Tot Lots Renovation—Phase II Proposal Page 2 B. We will forward the final design of each tot lot with a detailed set of drawings illustrating our recommendations via email for your review and approval prior to preparing construction bidding documents. We will also send a new estimate of probable cost for your review. If required, we will make any final adjustments in the scope of the bidding documents to meet the budget requirements. III. CONSTRUCTION DOCUMENT PREPARATION A. Upon your approval, we will proceed with the preparation of construction bidding documents. B. We will provide a proposed bidding schedule via email. C. 3D Design Studio will provide a bid advertisement for your use in submitting to the local paper and we will fax copies to contractors and provide bid sets to the City of McHenry. We will also administer the distribution of the bidding documents to the respective contractors for the project. -During the bidding process, we will be available to answer contractor questions. D. We will attend a Pre-Bid Meeting to discuss the plans and answer questions. We will also prepare any Addenda that may be required. E. We will attend the bid opening and take copies of the bids to prepare a recommendation. We will take the necessary steps to confirm the apparent lowest responsive contractor is in fact qualified to perform the tasks required. F. Based upon the review of the bids and our investigations, we will prepare a written recommendation to enter into an Agreement with the Contractor best able to meet the requirements of the bid IV. CONSTRUCTION OBSERVATION A. 3D Design Studio will attend a Pre-Construction meeting with the Contractor to discuss activities of the site development, site inspection and reviews, submittals, processing of Pay Requests, and determine a schedule for the construction and contractor coordination of the various improvements within the site. B. We will make three site visits to each playground site during construction to review the installation and answer any questions that the Contractor may have. Each site visit will include a written field report documenting items discussed and decisions reached or directions given to the Contractor. This will include one meeting during construction to review specific construction items and to review his pay request, and a final City of McHenry Tot Lots Renovation-Phase II Proposal Page 3 meeting to prepare the project punchlist and to approve the final pay request. C. Upon request from the Contractor, we will review the work for Substantial Completion and prepare a punchlist for corrections to the work. We will then perform a Final Walk-through at the completion of the project. If items are satisfactory, we will make recommendation for Acceptance of the work and recommend approval of the Final Payment. PROFESSIONAL FEES ADDITIONAL SERVICES AND REIMBURSABLES The professional services outlined above will be performed on an "hourly not to exceed" basis, not including reimbursable expenses: I. DESIGN REFINEMENT AND PRODUCT SELECTION $ 1,475.00 H. FINAL DESIGN AND FINAL BUDGET PREPARATION $ 2,250.00 III. CONSTRUCTION DOCUMENT PREPARATION $ 3,200.00 IV. CONSTRUCTION OBSERVATION 1,050.00 PROFESSIONAL SERVICES TOTAL- 7,975.00 ADDITIONAL SERVICES Where additional meetings, presentation of our plans, additional construction observation services, or additional design services are requested, this work shall be performed on an hourly basis at the rates listed below, or under a separate agreement. The hourly rates are as follows: Principal $125.00 Design Manager $105.00 Landscape Architect II $ 85.00 Landscape Architect I $ 75.00 Support Staff $ 50.00 INVOICING Invoicing will be presented monthly for work completed during that month. Payment is to be made within 30 days of the date of the invoice. REIMBURSABLE EXPENSES Reimbursable expenses are as follows, and will be included in the regular inonthly invoicing- Drawing reproductions, photography, and/or materials required for presentations or preparation for use in presentations or meetings. Photocopy reproduction (color or black and white). Delivery, messenger services, overnight mailing services, and mileage for attending meetings at the currently accepted mileage rate. Photography materials-'film, developing and any enlargements. City of McHenry Tot Lots Renovation—Phase II Proposal Page 4 Plotting services from AutoCad drawing files. * The Reimbursable Expenses, including plotting the design alternatives, refined design alternatives, "Kit-of-Parts" presentation boards, site slides and photographs, preliminary submittal "check plots", final plots of presentation drawings and copies for the preparation of Final Master Plan booklets are all considered reimbursable. SPECIAL CONDITIONS The Owner agrees to waive all claims and liability against 3D Design Studio in the event that the Owner executes the work without 3D Design Studio contracted to observe and document the construction activities. The Owner accepts the responsibility for the accuracy of the base information provided for the purposes of developing the initial Site Plan if our surveying services are not incorporated into the process. Should a problem arise from any inaccuracy of the base information, 3D Design Studio will assist in correcting the situation, but will be compensated hourly for additional time that may be required. Fees for special submittal coordination and/or meetings with non-Park District agencies like ComEd, Corps of Engineers or Department of Natural Resources are not contained within this proposal. The Owner acknowledges that there are no Architectural, Structural or Civil Engineering fees associated with the Services outlined in this proposal. Should there need to be these services for the evaluation of the site, these services can be quoted separately, or provided under an amendment to this agreement. I would like to thank you again for the opportunity to submit this proposal to work with you and the City of McHenry on the Tot Lot Renovation - Phase H project. I look forward to hearing from you regarding this proposal, and to getting started on the initial design plans! Very Truly Yours, Daniel D. Dalziel, ASLA Principal Accepted Date r CONSENT AGENDA TO: Mayor and City Council FROM: Douglas Martin,Assistant City Administrator FOR: November 6,2006 Regular City Council Meeting RE: Street Closure for Collier Barcus Honorary Street Sign Ceremony RECOMMENDATION: To authorize the closure of Green Street between James Street and Main Street and the closure of John Street between Allen Avenue and 4'b street, from 12:45-2:15 p.m. on Thursday November 9ffi, for the Collier Barcus Honorary Street Sign Ceremony. On July 31s`of this year,the City Council approved an honorary street sign"Honorary Spc. Collier E. Barcus Way" for Collier Barcus,who was killed while serving our country in Iraq. On November 9`h at 1:00 p.m.,a ceremony is scheduled to be held at John and Green Streets, in front of McHenry East Campus High School, for the installation of the honorary street sign for Collier Barcus. Mayor Low, City Council members who are able to attend, fifty students from the McHenry East High School band and twenty-four students from their chorus will be present, as well as Lieutenant Governor Pat Quinn. Staff is seeking to have Green Street between James Street and Main Street closed and John Street between 4t' Street and Allen Avenue closed between 12:45 and 2:15 p.m. to facilitate the ceremonial activities,which will last approximately one hour. School dismisses at 2:35 so the ceremony will need to conclude no later than 2:15. A map depicting the proposed street closures is attached. 4f ,r? ua 1 `r] ZI Ak J ZL T J Crj . La r"J :_L v f'(1 W Ifs •. F f� s .r [} [+1 W r'7 C'- CV J C� �✓-`6 zJ CL CONSENT .,AGENDA . To: Mayor and Aldermen Fm: City Clerk Janice C. Jon For: November 6, 2006 regularly heduled City Council Meeting Re: Modifying Municipal Code Chapter 2, Sec. 2-38: Time, place for regular meetings of Council Recommendation: To pass and approve the attached ordinance changing Council's regular meeting date from Wednesday to Monday Backsround It was noted while preparing this year's resolution establishing Council's 2007 meeting dates, the Municipal Code has not been modified to indicate Council's regular meeting date as Monday. The attached ordinance reflects this change. /Iznik ORDINANCE NO. ORD-06- An Ordinance Amending City of McHenry Municipal Code Chapter 2,Article III, City Council BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, as follows: SECTION 1: That Chapter 2, Section 2-38 Time, place for regular meetings, of the City of McHenry Municipal Code, shall be deleted in its entirety and replaced as follows: Section 2-38 Time, place for regular meetings. The regular meetings of the Council shall be held at such date and hour as the Council may, from time to time, determine. Generally, the meetings will occur in the Council Chambers on the first, third and fifth Mondays during months when there are five Mondays, and on the first, second and third Mondays during months when there are not five Mondays. In addition, a regular annual meeting shall be held in the Council Chambers on the last Monday in April of each year, or other date scheduled by Council, at which any and all business may be conducted. If a regular meeting date falls on a legal holiday, the meeting shall not take place but shall be rescheduled by Council. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. Section 3: All ordinances or parts thereof in conflict are hereby repealed to the extend of such conflict. Section 4: This ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form as provided by law. Voting Aye: Voting Nay: Not Voting: Abstaining: Absent: Passed and Approved this day of November, 2006. APPROVED: ----------------------------------------- Mayor City Clerk CONSENT AGENDA To: Mayor and Aldermen Fin: City Clerk Janice C.Jon4 For: November 6,2006 regularly scheduled City Council Meeting Re: 2007 City Council Meeting Schedule Recommendation: To pass and approve the attached Resolution establishing the 2007 City Council Meeting Schedule Backeround A Resolution establishing the 2007 schedule of Council Meeting dates is presented for your consideration and approval. Please note the following amendments to typical Is% 3"d 5'h or 1't,2"d,3"d(if there are only four Mondays in the month)Monday night meeting schedule: January 8 New Year's Holiday on first Monday June 25 To more equitably space meetings July 9 To avoid meeting on July 2n0 (first Monday) August 27 To more equitably space meetings September 10 Labor Day is first Monday December 10 To avoid meeting on Dec 24'or 31't Should any proposed Council Meeting dates provide a conflict,the 2007 schedule can be discussed at the Meeting and the resolution modified thereafter. /kmk u • 2007 b , PROPOSED CITY COUNCIL MEETING SCHEDULE �'Ty Qf ARO4A March January February S M T W T F S S M T W T F S S M T W T F S 1 2 3 14 2 3 4 5 6 1 2 3 4 O 6 7 8 9 10 7 ® 9 10 11 12 13 4 (D 6 7 8 9 10 11 12 13 14 15 16 17 14 15 16 17 18 19 20 11 12 13 14 15 16 17 18 19 20 21 22 23 24 21 22 23 24 25 26 27 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 29 30 31 25 26 27 28 June April May S M T W T F S S M T W T F S S M T W T F S 1 2 1 0 3 4 5 6 7 1 2 3 4 5 30 5 6 7 8 9 8 9 10 11 12 13 14 60 8 9 10 11 12 15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 IS 16 22 23 24 25 26 27 28 20 2122 23 24 25 26 17 IS 19 20 21 22 23 24 (Z) 26 27 28 29 30 29 30 Annual Meeting 27 0 29 30 31 July August September S M T W T F S S M T W T F S S M T W T F S 1 1 2 3 14 5 6 7 1 2 3 4 8 90 10 11 12 13 14 5 © 7 8 9 10 11 2 � 4 S 6 7 8 15 ® 17 18 19 20 21 12 �3 14 15 16 17 18 9 17 18 19 ZO 21 22 11 12 13 14 15 22 23 24 25 26 27 28 19 20 21 22 23 24 25 16 17 23 ® 25 26 27 28 29 29 30 31 26 27 28 29 30 31 30 December October November S M T W T F S S M T W T F S S M T W T F S 1 lO 2 3 4 5 6 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 9 10 2 Q 4 5 6 8 1 14 (U 16 17 18 19 20 11 12 13 14 15 16 17 9 (1®� 11 12 13 14 15 21 22 23 24 25 26 27 18 19 20 21 24 16 17 18 19 20 21 22 26 27 28 29 280 30 31 25 26 27 28 29 30 23 � � 30 31 H=Holiday,Municipal Center Closed R-06- R E S O L U T I O N BE IT RESOLVED by the Mayor and City Council of the City of McHenry, McHenry County, Illinois, that the following schedule of Council Meetings (with starting times set opposite the month) for the period from January 1, 2007 to December 31, 2007 is hereby adopted: JANUARY - 7:30 P.M. FEBRUARY - 7:30 P.M. MARCH - 7:30 P.M. 8 Monday * 5 Monday 5 Monday 15 Monday 12 Monday 12 Monday 29 Monday 19 Monday 19 Monday APRIL - 7:30 P.M. MAY - 7:30 P.M. DUNE - 7:30 P.M. 2 Monday 7 Monday 4 Monday 16 Monday 14 Monday 11 Monday 23 Monday 21 Monday 25 Monday ** 30 Monday Annual Meeting JULY - 7:30 P.M. AUGUST - 7:30 P.M. SEPTEMBER - 7:30 P.M. 9 Monday *** 6 Monday 10 Monday ***** 16 Monday 13 Monday 17 Monday 30 Monday 27 Monday **** 24 Monday OCTOBER - 7:30 P.M. NOVEMBER - 7:30 P.M. DECEMBER - 7:30 P.M. 1 Monday 5 Monday 3 Monday 15 Monday 12 Monday 10 Monday ****** 29 Monday 19 Monday 17 Monday PASSED and APPROVED THIS DAY OF NOVEMBER, 2006. AYES: NAYS: ABSENT: NOT VOTING: ABSTAINED: Mayor City Clerk * New Year's Holiday on first Monday ** To more equitably space meetings (June) *** To avoid meeting on July 2°4 **** To more equitably space meetings (August) ***** Labor Day on first Monday in September ****** To avoid meeting on Dec 24`h or 310` ' 1 REGULAR MEETING OCTOBER 30, 2006 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, October 30, 2006 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson and Condon. Absent: None. City Staff in attendance were: City Administrator Maxeiner, Assistant City Administrator Martin, City Attorney McArdle, City Clerk Jones, Chief of Police O'Meara, Director of Public Works Marcinko, Director of Community Development Napolitano, Director of Finance Black, Director of Parks and Recreation Merkel, Management Assistant for Community Relations Hobson. Absent: None. INTRODUCTIONS: DEPUTY CHIEF ROGER E. PECHOUS AND SERGEANT THOMAS M. WALSH Mayor Low introduced newly appointed Deputy Chief Roger Pechous and recently sworn-in Sergeant Thomas Walsh. Mayor Low congratulated both gentlemen, stating they will be a great complement to the McHenry Police Department. TEN MINUTE PUBLIC INPUT SESSION Trisha. Wezeman, in charge of foster family recruitment for the Department of Children and Family Services, addressed Council regarding the need for foster families in the McHenry area. She requested those interested contact her at 847.362.2111 or go to the following website: www.youcanchicago.org. CONSENT AGENDA Alderman Glab requested Consent Agenda Item A, Approval of an ordinance authorizing the execution of the first amendment to the recapture agreement executed between the City of McHenry and Gerstad Builders regarding sanitary sewer main north on Lincoln Road for Liberty Trails Subdivision improvements, be removed for independent consideration by Council. Motion by Wimmer, seconded by Condon, to approve the Consent Agenda as amended: B. Request to seek proposals for a wireless municipal alarm monitoring system and maintenance service; C. Approve Annual Toys for Tots Parade and Downtown Christmas Walk scheduled for November 19, 2006; and D. Approve City Council Minutes: September 25, 2006 regularly scheduled meeting; October 2, 2006 regularly scheduled meeting; October 16, 2006 regularly scheduled meeting. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. October 30, 2006 Page 2 CONSENT AGENDA ITEM A: APPROVAL OF AN ORDINANCE AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE RECAPTURE AGREEMENT WITH GERSTAD BUILDERS FOR SANITARY SEWER MAIN NORTH ON LINCOLN ROAD FOR THE LIBERTY TRAILS SUBDIVISION Alderman Glab stated he had no comments regarding this agenda item. Motion by Wimmer, seconded by Condon, to approve an ordinance authorizing the execution of the first amendment to the recapture agreement between the City of McHenry and Gerstad Builders for sanitary sewer main north on Lincoln Road for the Liberty Trails Subdivision improvements. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. AWARD OF BIDS: 1. DEMOLITION OF VACANT HOUSES AT 4312 LAKEWOOD ROAD AND 312 SOUTH GREEN STREET—CORNERSTONE MATERIAL RECOVERY, $37,700 2. DEMOLITION OF BARN AND SILO AT 312 SOUTH GREEN STREET LANGOS CORPORATION. $13,500 Management Assistant for Community Relations Hobson stated Council approved a request to advertise for bids for the following at its September 25, 2006 regularly scheduled meeting: 1. demolition of the vacant house at 4312 Lakewood Road; 2. demolition of the vacant house at 312 South Green Street; and 3. demolition of the barn and silo located at 312 South Green Street. Management Assistant Hobson noted bid specification were subsequently prepared, bids were sought and opened on October 24, 2006. Results of the bid opening resulted in low bids submitted by: • Cornerstone Material Recovery for the demolition of the houses in the amount of $37,700; • Langos Corporation for the demolition of the barn in the amount of$12,300 with an alternate for the demolition of the silo in the amount of$1,200. Management Assistant Hobson stated it is Stafrs recommendation to award bids for these projects to the low bidders, including the demolition and removal of the concrete silo. He also noted, as per Alderman Peterson's request, the barn will be registered for posterity. Motion by Schaefer, seconded by Murgatroyd, to accept Staffs recommendation to award the following: • Cornerstone Material Recovery, for the demolition of the houses in the amount not- to-exceed $37,700; • Langos Corporation, for the demolition of the barn in the amount of$12,300 with an October 30, 2006 Page 3 alternate for the demolition of the silo in the amount of $1,200, for a total not-to- exceed $13,500. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. PROPOSAL FROM COMMONWEALTH EDISION TO RELOCATE UNDERGROUND CABLES FOR MUNICIPAL DRIVE PROJECT, $15,132.88 Director of Public Works Marcinko stated it was recently discovered during the construction of the Municipal Drive expansion, there are underground electric cables located within an easement along Bank Drive at the new intersection between Municipal Drive and Bank Drive. Commonwealth Edison has submitted a work agreement to relocate the cable in the amount of $15,132.88. It is Staffs recommendation to approve the work agreement in order to move forward with the Municipal Drive expansion project. Responding to an inquiry regarding the possibility the cost could exceed the amount of the agreement, Assistant Director of Public Works Finks stated the proposal is for a not- to-exceed amount. Motion by Santi, seconded by Murgatroyd, to accept Staffs recommendation to approve and authorize the Mayor's execution of a work agreement with Commonwealth Edison to relocate the electric cables in conflict with the Municipal Drive Expansion Project in the amount not-to-exceed $15,132.88. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low acknowledged the presence in the audience of Boy Scouts earning their citizenship badge. Mayor Low reminded Council the established Trick or Treat hours are from 4 p.m. until 7 p.m. on Tuesday, October 31, 2006. Mayor Low also reminded Council of upcoming McHenry County Council of Government dinner meeting scheduled for November 15, 2006 at Dunhill's in McHenry. The event is being hosted by the Village of McCullom Lake. COMMITTEE REPORTS Community Development Committee Chairman Alderman Condon reported the Committee had recently hosted two open house events to provide a forum for residents to view the proposed Main Street Sub-Area. October 30, 2006 Page 4 STAFF REPORTS There were no Department Head Reports. FUTURE AGENDA ITEMS Alderman Santi thanked Staff for their pursuit of resolution to lighting concerns expressed regarding the Route 120 and Front Street intersection. EXECUTIVE SESSION: PROPERTY ACQUISITION Motion by Murgatroyd, seconded by Wimmer, to go into Executive Session at 7:51 p.m. to discuss Property Acquisition. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 7:58 p.m. Motion by Wimmer, seconded by Santi, to go back into Open Session at 8:42 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 8:42 p.m. ADJOURNMENT Motion by Condon, seconded by Wimmer, to adjourn the meeting at 8:43 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:43 p.m. MAYOR CITY CLERK AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Joseph P.Napolitano,Community Development Director FOR: November 6,2006,Regular City Council Meeting RE: Ordinance Amending Chapter 8 of the Municipal Code,Flood Plain Regulations ATTACHMENTS: 1. Letter from SuzAnne Ehardt, Director, McHenry Co. Planning and Development dated 10/17/06. 2. Ordinance Amending Chapter 8 of the Municipal Code relating to Flood Plain Regulations. STAFF RECOMMENDATION: To adopt the attached ordinance amending Chapter 8, Flood Plain Regulations, of the Municipal Code. Background The City has received notice from FEMA (Federal Emergency Management Agency) and the IDNR (Illinois Department of Natural Resources that they are updating the Flood Plain Maps used to determine flood insurance rates for U.S. communities. As part of this process, they are requiring that communities adopt a model floodplain ordinance developed by FEMA. Communities that do not adopt this ordinance by November 16, 2006, will lose their eligibility in the National Flood Insurance Program. This means that City residents having property in the flood plain will no longer be able to obtain insurance through this program. The McHenry County Department of Planning and Development met with representatives of FEMA and IDNR to discuss how the new flood plain maps and regulations would impact the County Stormwater Management Ordinance (see attached letter). Because the County had several concerns, they have reached an agreement with FEMA and IDNR regarding adoption. The County is recommending that all Certified Communities adopt the maps and regulations on or before the November 16*deadline. Once revisions are made,reviewed and approved, the County will inform all Certified Communities of the changes so they can be incorporated into their ordinances. An ordinance amending Chapter 8 of the Municipal Code is attached for the Council's consideration. Once the previously discussed changes are approved by the County, they will be brought back to the City Council for adoption. Department of Planning and Development McHenry County Government Center-Administration Building �t4 2200 North Seminary Avenue ��'�"w. a,t 815 3�4-4560 Fax 815 337-3720 Woodstock, Illinois 60098 2? 1� www.co.mchenry.il.us COPIES GIVEN TO: October 17, 2006 MAE CLERK CITY OF MCHENRY 333 S GREEN ST MCHENRY IL 60050 RE: Community Storm Water Certification — FEMA 11/16/06 NFIP Maps Dear Certified Community: On October 11, 2006, our Department met with representatives of FEMA and IDNR regarding the status of proposed changes to the McHenry County Stormwater Management Ordinance and the required adoption of the November 16, 2006 Flood Insurance Rate Maps. Because of the significant review comments we have only recently received and the short time-frame in which to incorporate the changes, the County expressed its concerns as to viability of providing a workable document prior to November 16, 2006. . In a cooperative effort, FEMA and IDNR have indicated that it would be acceptable if the County would adopt the November 16, 2006 Flood Insurance Rate Maps on or before that date with the understanding that we will be submitting proposed ordinance changes, which, due to the review process, may not become final until after November 161'. According to FEMA representatives, this understanding will prevent the County and its Certified Communities from suspension from the insurance program. Your community should also adopt the FEMA November 16, 2006 Flood Insurance Rate Maps as part of your stormwater ordinance on or before November 16, 2006. Future ordinance revisions will need to come at a later date. Once our ordinance revisions are made, reviewed and approved, we will inform you as to the changes so that you can incorporate them into your stormwater ordinance as a Certified Community. At that point, we will administratively review your proposed changes in order to remain a Certified Community. The information contained within this letter is the most up-to-date information from FEMA and IDNR. Please disregard any prior correspondence you have received from representatives of IDNR. .. OCT 2 0 2006 Should you have any questions in this regard, please do not hesitate to contact myself at (815) 334-4560 or Paul Osman at IDNR at (217) 782-4428. Sincerely, SuzAnne Ehardt, Director cc: David Schein, FEMA Paul Osman, IDNR o:\stormwater\smo\commu nitycorres\certificabonprocess\femal1-16-06maps-noticel0-16-06.doc ORDINANCE NO. ORD-06 An Ordinance Amending City of McHenry Municipal Code Chapter 8,Flood Plain Regulations BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, as follows: d Areas of SECTION 1: That Chapter 8, Development Special in is entiretHandazar eplaced as the City of McHenry Municipal Code, shall be deleted follows: 10/06 CHAPTER 8* DEVELOPMENT IN SPECIAL FLOOD HAZARD AREAS** Sec.8-1.0 Purpose. This Ordinance is enacted pursuant to the police powers granted to this City by 65 ILCS 5/1-2-1,5/11-12-12, 5111-30- , 5/11-30-8, and 5/11-31-2. The purpose of this Ordinance is to maintain this City's eligibility in the National Flood rty health and Insurance Program;to minimize potential losses due to periodic flooding including loss of expenditures for flood protection safety hazards ,loss of prope ,disruption of commerce and governmental services,extraordinary p P and relied and impairment of the tax base,all of which adversely affect the public health,safety and general welfare;and to preserve and enhance the quality of surface waters, conserve economic and natural values and provide for the wise utilization of water and related land resources. This Ordinance is adopted in order to accomplish the following specific purposes: Sec.8-1.1 To meet the requirements of 615 ILCS 5/18(g)Rivers,Lakes and Streams Act. Sec. 8-1.2 To assure that new development does not increase the flood or drainage hazards to others, or create unstable conditions susceptible to erosion; Sec.8-1.3 To protect new buildings and major improvements to buildings from flood damage; Sec.8-1.4 To protect human life and health from the hazards of flooding; Sec.8-1.5 To lessen the burden on the taxpayer for flood control projects,repairs to flood-damaged public facilities and utilities,and flood rescue and relief operations; Sec. 8-1.6 To make federally subsidized flood insurance available for property in the City by fulfilling the requirements of the National Flood Insurance Program; Sec. 8-1.7 To comply with the rules and regulations of the National Flood Insurance Program codified as 44 CFR 59-79,as amended; Sec.8-1.8 To protect,conserve,and promote the orderly development of land and water resources; Sec.8-1.9 To preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities,provide aesthetic benefits and enhance community and economic development. Sec. 8-1.10 Reserved. * This Chapter 8 - Development in Special Flood Hazard Areas was formerly Article VIH of Chapter 7 adopted 3-16-81; Ord. No. 0-81-254; amended in entirety March 4, 1992, Ord. No. MC-92-570; revised MC-92-579. ** Cross references-Planning and Zoning generally,Ch. 17;water and sewers,Ch.26. 200 10/06 Sec.8-2.0 Definitions. For the purposes of this Ordinance,the following definitions are adopted: Sec.8-2.1 "Accessory Structure" A non-habitable structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. Sec.8-8.2 "Act" An act in relation to the regulation of the rivers, lakes, and streams of the State of Illinois, 615 ILCS 515 et seq Sec.8-2.3 "Applicant" Any person,firm, corporation or agency which submits an application. Sec.8-2.4 "Appropriate Use" Only uses of the designated floodway that are permissible and will be considered for permit issuance.The only uses that v rill be allowed are as specified in Section 802.0. Sec.8-2.5 Base Flood The flood having a one-percent probability of being equaled or exceeded in any given year. The base flood is also known as the 100-year frequency flood event. Application of the base flood elevation at any location is as defined in Section 8-5.0 of this ordinance. Sec.8-2.5a "Base Floor Elevation (BFE" The elevation in relation to mean sea level of the crest of the base flood. Sec.8-2.5b `Basement"That portion of the building having its floor subgrade(below ground level)on all sides. Sec.8-2.5c 'Building" A walled and roofed structure, including gas or liquid storage tank, that is principally above ground, including manufactured homes, prefabricated buildings, and gas or liquid storage tanks. This term also includes recreational vehicles and travel trailers installed on a site for more than 180 days per year. Sec.8-2.6 "Channel' Any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or man-made drainageway, which has a definite bed and banks or shoreline, in or into which surface or groundwater flows, either perennially or intermittently. Sec.8-2.7 "Channel Modification"Alteration of a channel by changing the physical dimensions or materials of its bed or banks. Channel modification includes damming, rip-rapping or other armoring, widening, deepening, straightening, relocating, lining and significant removal of native vegetation from the bottom or banks. Channel modification does not include the clearing of dead or dying vegetation, debris, or trash from the channel. Channelization is a severe form of channel modification typically involving a significant change in the channel cross-section and typically involving relocation of the existing channel(e.g. straightening). 201 10/06 See.8-2.8 "Compensatory Storage" An artificially excavated, hydraulically equivalent volume of storage within the SFHA used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the flood plain. The uncompensated loss of natural flood plain storage can increase off-site floodwater elevations and flows. Sec.8-2.9 "Conditional Approval of a Designated Floodway Map Change" Preconstruction approval by IDNR/IDNR/OWR and the Federal Emergency Management Agency (FEMA) of a proposed change to the floodway map. This preconstruction approval, pursuant to this Part, gives assurances to the property owner that once an Appropriate Use is constructed according to permitted plans, the floodway map can be changed, as previously agreed,upon review and acceptance of as-built plans. See.8-2.10 "Conditional Letter of Map Revision (CLOMR)" A letter which indicates that the Federal Emergency Management Agency will revise base flood elevations, flood insurance rate zones, flood boundaries or floodway as shown on an e3ective Flood Hazard Boundary Map or Flood Insurance Pate Map, once the as-built plans are submitted and approved. Sec.8-2.11 "Control Structure" A structure designed to control the rate of flow that passes through the structure,given a specific upstream and downstream water surface elevation. Sec.8.2.11a "Critical Facility" Any facility which is critical to the health and welfare of the population and, if flooded, would create an added dimension to the disaster. Damage to these critical facilities can impact the delivery of vital services, can cause greater damage to other sectors of the community, or can put special populations at risk. Examples of critical facilities where flood protection should be required include: emergency services facilities(such as fire and police stations), schools, hospitals, retirement homes and senior care facilities, major roads and bridges, critical utility sites(telephone switching stations or electrical transformers),and hazardous material storage facilities (chemicals,petrochemicals,hazardous or toxic substances). Examples of critical facilities where flood protection is recommended include: sewage treatment plants,water treatment plants,and pumping stations. Sec.8-2.12 "Dam" All obstructions, wall embankments or barriers, together with their abutments and appurtenant works, if any, constructed for the purpose of storing or diverting water or creating a pool. Dams may also include weirs, restrictive culverts or impoundment structures. Underground water storage tanks are not included. Sec.8-2.12a "Designated Floodway" The channel, including on-stream lakes, and that portion of the floodplain adjacent to a stream or watercourse, generally depicted on the FEMA FIRM map, which is needed to store and convey the existing 100-year frequency flood discharge with no more than a 0.1 foot increase in state due to the loss of flood conveyance or storage,and no more than a 10 percent increase in velocities. 202 10/06 The floodways are designated for on the countywide Flood Insurance Rate Map of McHenry County prepared by FEMA and dated(*insert the date of the Floodr)lain Mar)).When two floodway maps exist for a waterway,the more restrictive floodway limit shall prevail. The floodways for those parts of unincorporated McHenry County that are within the extraterritorial jurisdiction of the City that may be annexed into the City are designated for the Fox River,Boone Creek and Lakeland Park Drainage Ditch on the countywide Flood Insurance Rate Map prepared by FEMA and dated(*insert the date of the Floodplain Map). To locate the designated floodway boundary on any site, the designated floodway boundary should be scaled off the designated floodway map and located on a site plan,using reference marks common to both maps. Where interpretation is needed to determine the exact location of the designated floodway boundary, IDNR/OWR should be contacted for the interpretation. Sec.8-2.13 "Development" Any man-made change to real estate,including: (a)Construction,reconstruction,repair,or placement of a building or any addition to a building. (b) Installing a manufactured home on a site,preparing a site for a manufactured home, or installing a travel trailer or recreational vehicle on a site for more than 180 days. If the travel trailer or recreational vehicle is on site for less than 180 days,it must be fully licensed and ready for highway use. (c) Drilling, mining, installing utilities construction of roads, bridges, storage of equipment or materials, or similar projects. (d)Demolition of a structure or redevelopment of a site. (e)Clearing of land as an adjunct of construction. (f) Construction or erection of levees, walls, fences, dams; or culverts, channel modification; filling, dredging, grading, excavating,paving,or other non-agricultural alterations of the ground surface; storage of materials;deposit of solid or liquid waste. (g) Any other activity of man that might change the direction, height, or velocity of flood or surface water, including extensive vegetation removal. (h)Substantial improvement of an existing building. Development does not include routine maintenance of existing buildings and facilities such as re-roofing or re-surfacing of roads when there is no increase in elevation,or gardening,plowing, and similar agricultural practices that do not involve filling,grading or construction of levees. 203 10/06 Sec.8-2.14 "IDNR/OWR' Illinois Department of Transportation,Division of Water Resources. Sec.8-2.15 "Elevation Certificates" A form published by the Federal Emergency Management Agency that is used to certify the elevation to which a building has been elevated. Sec.8-2.16 "Erosion" The general process whereby soils are moved by flowing water or wave action. Sec.8-2.17 "Exempt Organizations" Organizations which are exempt from this ordinance per the ILCS including state,federal or local units of government. Sec.8-2.17a "Existing Manufactured Home Park or Subdivision" A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including,at a rririmum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads)has been completed before April 1, 1990. Sec. 8-2.17b"Expansion to an Existing Manufactured Home Park or Subdivision" The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. Sec.8-2.18 TEMA" Federal Emergency Management Agency and its regulations at 44 CFR 59-79 as amended. Sec.8-2.19 "Flood" A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waves,or the unusual and rapid accumulation or runoff of surface waters from any source. Sec.8-2.20 "Flood Frequency" A period of years, based on a statistical analysis, during which a flood of a stated magnitude may be expected to be equaled or exceeded. Sec.8-2.21 "Flood Fringe" That portion of the flood plain outside of the designated floodway. See commentary on designated floodway. Sec.8-2.22 "Flood Insurance Rate Maps (FIRM)" A map prepared by the Federal Emergency Management Agency that depicts the Special Flood Hazard Area (SFHA)within a community. This map includes insurance rate zones and flood plains and may or may not depict floodways. Sec.8-2.22a "Flood Insurance Study" An examination, evaluation and determination of flood hazards and if appropriate, corresponding water surface elevations. 204 10/06 Sec.8-2.23 "Flood Plain" That land typically adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation. Flood plains may also include detached Special Flood Hazard Areas,ponding areas,etc.The flood plain is also known as the Special Flood Hazard Area(SFHA). The flood plains are those lands within the jurisdiction of the City that are subject to inundation by the base flood or 100-year frequency flood. The SFHA's of the City are generally identified as such on panel number 17111 CIND OA of the countywide Flood Insurance Rate Map prepared for McHenry County by the Federal Emergency Management Agency and dated November 16, 2006. The SFHA's of those parts of unincorporated McHenry County that are within the extraterritorial jurisdiction of the City or that may be annexed into the City are generally identified as such on panel number 17111 CIND OA of the countywide Flood Insurance Rate Map prepared for McHenry County by the Federal Emergency Management Agency and dated November 16,2006. Sec.8-2.24 "Floodproofing" Any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property,water and sanitary facilities, structures and their contents. Sec.8-2.25 "Floodproofing Certificate" A form published by the Federal Emergency Management Agency that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation. Sec.8-2.26 "Flood Protection Elevation (FPE)" The elevation of the base flood or 100-year frequency flood plus one foot of freeboard at any given location in the SFHA. Sec.8-2.26a "Floodway"See Designated Floodway. Sec.8-2.27 "Freeboard" An increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, unknown localized conditions,wave actions and unpredictable effects such as those caused by ice or debris jams. Sec.8-2.27.1 Historic Structure" Any structure that is: (a) Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on the State inventory of historic places that has been certified by the Illinois Historic Preservation Agency; 205 10/06 (d) Individually listed on a local inventory of historic places that has been certified by the Illinois Historic Preservation Agency. Sec.8-2.28 "Hydrologic and Hydraulic Calculations" Engineering analysis which determine expected flood flows and flood elevations based on land characteristics and rainfall events. Sec.8-2.28a "IDNR/PWR'Illinois Department of Natural Resources,Office of Water Resources Sec.8-2.29 "Letter of Map Amendment(LOMA)" Official determination by FEMA that a specific structure is not in a 100-year flood plain;amends the FIRM. Sec.8-2.30 "Letter of Map Revision (LOMR)" Letter that revises base flood or 100-year frequency flood elevations,flood plains,or floodways, as shown on an effective FIRM. Sec.8-2.30a "Lowest Floor"The lowest floor of the lowest enclosed area(including basement).An unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's lowest floor,provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. Sec.8-2.31 "Manufactured Home" A structure, transportable in one or more sections, which is built on a permanent chassis and is designated for use with or without a permanent foundation when connected to the required utilities. The term manufactured home also includes park trailers, travel trailers, and other similar vehicles placed on site for more than 180 consecutive days.The term manufactured home does not include a"recreational vehicle". Sec.8-2.32 "Manufactured Home Park or Subdivision" A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Sec.8-2.33 "Mitigation" Mitigation includes those measures necessary to minimize the negative effects which flood plain development activities might have on the public health, safety and welfare. Examples of mitigation include excavation of compensatory storage, soil erosion and sedimentation control, and channel restoration. Mitigation may also include those activities taken to reduce a structure's susceptibility to flooding. Sec.8.2.33a "NAVD 88" National American Vertical Datum of 1988. NAVD 88 supersedes the National Geogectic Vertical Datum of 1929 206 10106 Sec.8-2.34 "Natural' When used in reference to channels means those channels formed by the existing surface topography of the earth prior to changes made by man. A natural stream tends to follow a meandering path; its flood plain is not constrained by levees;the area near the bank has not been cleared,mowed or cultivated;the stream flows over soil and geologic materials typical of the area with no substantial alteration of the course of cross-section of the stream caused by filling or excavating. A modified channel may regain some natural characteristics over time as the channel meanders and vegetation is re-established. Similarly, a modified channel may be restored to more natural conditions by man through re-grading and re-vegetation Sec.8-2.34a "New Construction" New Construction means structures for which the start of construction commenced on or after the effective date of a flood plain management regulation adopted by a community and includes any subsequent improvements to such structures. Sec.8.2.35 "New Manufactured Home Park or Subdivision"Manufactured home park or subdivision for which the construction of fa:ilities for servicing the lots on which the manufactured homes are to be affixed(including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads)has been completed on or after April 1, 1990. See.8-2.36 "Ordinary High Water Mark(OHWM)" The point on the bank or shore up to which the presence and action of surface water is so continuous so as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation,predominance of aquatic vegetation or other easily recognized characteristics. Sec.8-2.37 "Public Flood Control Project" A flood control project which will be operated and maintained by a public agency to reduce flood damages to existing buildings and structures which includes a hydrologic and hydraulic study of the existing and proposed conditions of the watershed. Nothing in this definition shall preclude the design,engineering,construction or financing,in whole or in part,of a flood control project by persons or parties who are not public agencies. Sec.8-2.38 "Public Bodies of Water" All open public streams and lakes capable of being navigated by watercraft, in whole or in part, for commercial uses and purposes, and all lakes,rivers, and streams which in their natural condition were capable of being improved and made navigable, or that are connected with or discharge their waters into navigable lakes or rivers within, or upon the borders of the State of Illinois, together with all bayous, sloughs, backwaters, and submerged lands that are open to the main channel or body of water directly accessible thereto. Sec.8-2.38a "Recreational Vehicle or Travel Trailer"A vehicle which is: (a)Built on a single chasis; (b)400 sf or less when measured at the largest horizontal projection; 207 10/06 (c)Designed to be self-propelled or permanently towable by a light duty truck; and (d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping,travel or seasonal use. Sec.8.2.38b `Regional Permits" Regional permits are offered for pre-approved projects which are considered minor projects that are permissible per IDNR/OWR Part 3708 rules for Northeastern Illinois designated floodways. A complete listing of the terms and conditions for specific project types can be obtained from the IDNR/OWR website. Sec.8-2.39 "Registered Land Surveyor" A land surveyor registered in the State of Illinois under The Illinois Land Surveyors Act(225 ILCS 330/1 et seq). See.8-2.40 "Registered Professional Engineer" An engineer registered in the State of Illinois, under The Illinois Professional Engineering Act(225 ILCS 325/1 et seq). Sec,8-2.41 Reserved Sec.8-2.42 "Repair, Remodeling or Maintenance" Development activities which do not result in any increases in the outside dimensions of a building or any changes to the dimensions of a structure. Sec.8-2.42a "Repetitive Loss"Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. Sec.8-2.43 "Retention/Detention Facility" A retention facility stores stormwater runoff without a gravity release. A detention facility provides for storage of stormwater runoff and controlled release of this runoff during and after a flood or storm. Sec.8-2.44 "Riverine SFHA" Any SFHA subject to flooding from a river,creek,intermittent stream,ditch, on- stream lake system or any other identified channel. The term does not include areas subject to flooding from lakes, ponding areas,areas of sheet flow,or other areas not subject to overbank flooding. Sec.8-2.45 "Runoff' The water derived from melting snow or rain falling on the land surface, flowing over the surface of the ground or collected in channels or conduits. Sec.8-2.46 "Sedimentation"The processes that deposit soils, debris, and other materials either on other ground surfaces or in bodies of water or watercourses. Sec.8-2.47 "Special Flood Hazard Area(SFHA)" See Flood Plain, 208 10/06 Sec.8-2.47a "Start of Construction" Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or placement of a manufactured home on a foundation. Sec.8-2.47b "Statewide Permits" Statewide permits are offered for pre-approved projects that are considered minor projects which are permissible per the IDNR/OWR Part 3700 rules. A complete listing of the statewide permits and permit requirements can be obtained from the IDNR/OWR website. Sec.8-2.48 "Structure" See Building. See.8-2.48a "Substantial Damage" Damage of any origin sustained by a structure whereby the cumulative percentage of damage subsequent to the adoption of this ordinance equals or exceeds 50 percent of the market value of the structure before the damage occurred regardless of actual repair work performed. Volunteer labor and materials must be included in this determination.For term Repetitive Loss Buildings see Repetitive Loss. Sec.8-2.49 "Substantial Improvement" Any reconstruction, rehabilitation, addition or improvement of a structure, taking place subsequent to the adoption of this ordinance in which the cumulative percentage of improvement equals or exceeds 50 percent of the market value of the structure before the improvement or repair started. Substantial Improvement is considered to occur when the first alteration of any wall,ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. This term includes structures which have incurred repetitive loss or substantial damage, regardless of the actual work done. The term does not,however, include either: (a) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions;or (b) any alteration of an"historic structure"listed on the National Register of Historic Places or the Illinois Register of Historic Places,provided that the alteration will not preclude the structure's continued designation as an historic structure. Sec.8-2.50 "Transition Section" Reaches of the stream or floodway where water flows from a narrow cross-section to a wide cross-section or vice versa. 209 10/06 Sec.8-2.51 "Violation" The failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate,other certification, or other evidence of compliance is presumed to be in violation until such time as that documentation is provided. Sec.8-3.0 How to use this ordinance The Building Officer shall be responsible for fulfilling all of the duties listed in Section 8-4.0. To fulfill those duties, the Building Officer first should use the criteria listed in Section 8-5.0, Base Flood Elevations, to determine whether the development site is located within a floodplain. Once it has been determined that a site is located within a flood plain,the Building Officer must determine whether the development site is within a flood fringe,a designated floodway,or within a SFHA or flood plain on which no floodway has been identified. If the site is within a flood fringe,the Building Officer shall require that the minimum requirements of Section 8-6.0 be met. If the site is within a floodway, the Building Officer shall require that the minimum requirements of Section 8-7.0 be met. If the site is located within a SFHA or flood plain for which no detailed study has been completed and approved,the Building Officer shall require that the minimum requirements of Section 8-8.0 be met. In addition, the general requirements of Section 8-9.0 shall be met for all developments meeting the requirements of Section 8-6.0, 8-7.0, or 8-8.0. The Building Officer shall assure that all subdivision proposals shall meet the requirements of Section 8-10.0. If a variance is to be granted for a proposal, the Building Officer shall review the requirements of Section 8-11.0 to make sure they are met. In addition,the Building Officer shall complete all notification requirements. In order to assure that property owners obtain permits as required in this Ordinance, the Building Officer may take any and all actions as outlined in Section 8-13.0. Sec.8-4.0 Duties of the Building Officer. The Building Officer shall be responsible for the general administration and enforcement of this Ordinance which shall include the following: Sec.84.1 Determining the flood plain designation. Check all new development sites to determine whether they are in a Special Flood Hazard Area (SFHA). If they are in a SFHA, determine whether they are in a floodway, flood fringe or a flood plain on which a detailed study has not been conducted and which drains more than one (1) square mile. 210 10/06 Check whether the development is potentially within an extended SFHA (with a drainage area less than one square mile), indicating that the development would have adverse impacts regarding storage, conveyance, or inundation which would be the basis for the applicant being required to delineate the floodplain and floodway and be subject to the remaining Sections of this ordinance. Sec.8-4.2 Professional engineer review. If the development site is within a floodway or in a flood plain on which a detailed study has not been conducted and which drains more than one (1) square'rile, the permit shall be referred to a registered professional engineer (P.E.) under the employ or contract of the City for review to ensure that the development meets the requirements of Section 8-7.0 or Section 8-8.0. In the case of an Appropriate Use, the P.E. shall state in writing that the development meets the requirements of Section 8-7.0. Sec. 84.3 Dam safety requirements. Dams are classified as to their size and their hazard damage potential in the event of failure.The construction or major modification of all Class I(high hazard)and Class II (moderate hazard) dams requires an IDNR/OWR dam safety permit. Some Class III (law hazard) dams require an IDNR/OWR darn safety permit,depending on the drainage area to the dam, the height of the dam and the impounding capacity behind the dam. Most off-channel detention basins that have an embankment are non-jurisdictional Class III dams. It is not required that IDNROWR sign off on all non-jurisdictional Class III dams. A consulting engineer with dam safety knowledge can estimate a hazard classification and determine if an IDNR/OWR dam safety permit is required. A permit application submittal must be made to IDNR/OWR for the construction or major modification of jurisdictional dams. Regulated dams may include weirs,restrictive culverts or impoundment structures. Sec.8-4.4 Other permit requirements. Ensure that any and all required federal, state and local permits are received prior to the issuance of a flood plain development permit. Sec. 84.5 Plan review and permit issuance. Ensure that all development activities within the SFHAs of the jurisdiction of the City meet the requirements of this ordinance and issue a flood plain development permit in accordance with the provisions of this ordinance and other regulations of this community when the development meets the conditions of this ordinance. Sec. 8-4.6 Inspection review. Inspect all development projects before, during and after construction to assure proper elevation of the structure and to ensure they comply with the provisions of this Ordinance. Schedule on an annual basis an inspection of the flood plain and document the results of the inspection. Sec. 8-4.6a Damage Determinations. Make damage determinations of all damaged buildings in the SFHA after a flood to determine substantially damaged structures which must comply with Section 8.9.0. 211 10/06 Sec.8-4.7 Elevation and floodproofing certificates. Maintain in the permit files including: (a) an Elevation Certificate certifying the elevation of the lowest floor (including basement) of a residential or non-residential building subject to Section 8.9.0;and/or (b) the elevation to which a non-residential building has been floodproofed, using a Floodproofing Certificate, for all buildings subject to Section 8-9.0 of this ordinance.; Sec.84.8 Records for public inspection. Maintain for public inspection and furnish upon request base designated floodway maps, copies of federal or state permit documents, variance documentation, Conditional Letter of Map Revision, Letter of Map Revision, Letter of Map Amendment, and "as built" elevation and floodproofing and/or elevation certificates for all buildings constructed subject to this ordinance. Sec.8-4.9 State permits. Ensure that construction authorization has been granted by the IDNR, for all development projects subject to Sections 8-7.0 and 8-8.0 of this ordinance, unless enforcement responsibility has been delegated to the City. However, the following review approvals are not delegated to the City and shall require review or permits from IDNR/OWR: (a) Organizations which are exempt from this ordinance,as per the ILLS; (b) IDNR/OWR projects, dams or impoundment structures as defined in Section 8-2.12 and all other state, federal or local unit of government projects, including projects of the City and County, except for those projects meeting the requirements of Sec. 8-7.9. (c) An engineer's determination that an existing bridge or culvert crossing is not a source of flood damage and the analysis indicating the proposed flood profile,per Section 8-7.5(e). (d) An engineer's analysis of the flood profile due to Section 8-7.5(d); (e) Alternative transition sections and hydraulically equivalent compensatory storage as indicated in Section 8-7.5(a,b and h); (0 Permit issuance of structures within,under or over publicly navigable rivers,lakes and streams; (g) Any changes in the mapped floodway or published flood profiles. Sec.8-4.10 Cooperation with other agencies. Cooperate with state and federal flood plain management agencies to improve base flood or 100-year frequency flood and floodway data and to improve the administration of this ordinance. Submit data to IDNR/OWR and FEMA for proposed revisions of a designated map within six months whenever a modification of the floodplain may change the base flood elevation or result in a change in the floodplain map.. Submit reports as required for the National Flood Insurance Program. Notify FEMA of any proposed amendments to this ordinance. 212 10/06 Sec. 84.11 Promulgate regulations. Promulgate rules and regulations as necessary to administer and enforce the provisions of this ordinance, subject however to the review and approval of IDNR/OWR and FEMA for any ordinance changes. Sec.8-5.0 Base flood elevation This Ordinance's protection standard is based on the Flood Insurance Study for die City. If a base flood elevation or 100-year frequency flood elevation is not available for a particular site, then the protection standard shall be according to the best existing data available from federal, state or other sources. When a party disagrees with the best available data, they shall submit a detailed engineering study needed to replace existing data with better data and submit it to IDNR/OWR and FEMA for review and consideration prior to any development of the site. Sec. 8-5.1 The base flood or 100-year frequency flood elevation for the SFHSAs of Fox River, Boone Creek, and the Lakeland Park drainage ditch, shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of the City prepared by FEMA and dated November 16, 2006,and such amendments to such study and maps as may be prepared from time to time. Sec. 8-5.2 The base flood or 100-year frequency flood elevation for the SFHAs of those parts of unincorporated McHenry County that are within the extra-territorial jurisdiction of the City, or that may be annexed into the City shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of McHenry County prepared by FEMA and dated November 16, 2006, and such amendments or revisions to such study and maps as may be prepared from time to time. Sec. 8-5.3 The base flood or 100-year frequency flood elevation for each SFHA delineated as an "AH Zone" or "AO Zone" shall be that elevation(or depth)delineated on the Flood Insurance Rate Map of McHenry County, Sec.8-5.4 The base flood or 100-year frequency flood elevation for each of the remaining SFHAs delineated as an "A Zone" on the Flood Insurance Rate Map of McHenry County shall be according to the best existing data available from federal, state or other sources. Should no other data exist,an engineering study must be financed by the applicant to determine base flood elevations. When no base flood or 100-year frequency flood elevation exists, the base flood or 100-year frequency flood elevation for a riverine SFHA shall be determined from a backwater model, such as HEC-II, HEC-RAS or a dynamic model such as HIP. The flood flows used in the hydraulic models shall be obtained from a hydrologic model, such as HEC-HMS, HEC- I,TR 20 or HIP,or by techniques presented in various publications prepared by the United States Geological Survey for estimating peak flood discharges. 213 10/06 For a non-riverine SFHA, the Base Flood Elevation shall be the historic Flood of Record plus three(3) feet, unless calculated by a detailed engineering study. For an unmapped extended SFHA (with drainage area less than one square mile) which has been identified by the Building Officer pursuant to Section 8.4, the base flood elevation shall be determined by the applicant utilizing a method as approved in Section 8.5. Sec.8-6.0 Occupation and use of flood fringe areas Development in and/or filling of the flood fringe will be permitted if protection is provided against the base flood or 100-year frequency flood by proper elevation,and compensatory storage and other applicable provisions of this ordinance are met. No use will be permitted which adversely affects the capacity of drainage facilities or systems. Developments located within the flood fringe shall meet the requirements of this section, along with the requirements of Section 8-9.0. Sec, 8-6.1 Development permit. No person, firm, corporation, or governmental body not exempted by state law shall commence any development in the SFHA without first obtaining a development permit from the Building Officer. Sec. 8-6.2 Application for a development permit shall be made on a form provided by the Building Officer. The application shall be accompanied by drawings of the site, drawn to scale, showing property line dimensions and legal description of the property and sealed by a licensed engineer, architect or land surveyor; existing grade elevations using the North American Vertical Datum of 1988,and all changes in grade resulting from excavation or filling; the location and dimensions of all buildings and additions to buildings. For all proposed buildings, the elevation of the lowest floor(including basement)and lowest adjacent grade shall be shown on the submitted plans and the development will be subject to the requirements of Section 8-9.0 of this ordinance. Section 8-6.3 Upon receipt of a development permit application, the Building Officer shall compare the elevation of the site to the base flood or 100-year frequency flood elevation of the site to the base flood or 100-year frequency flood elevation. Any development located on land that can be shown to be higher than the base flood elevation of the current Flood Insurance Rate Map and which has not been filled after the date of the site's first Flood Insurance Rate Map without a permit as required by this ordinance is not in the SFHA and, therefore, not subject to the requirements of this ordinance. Conversely, any development located on land shown to be below the base flood elevation and hydraulically connected, but show on the current Flood Insurance Rate Map is subject to the provisions of this ordinance..The Building Official shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's first Flood Insurance Rate Map identification. 214 10/06 Sec. 8-6.4 A soil erosion and sedimentation control plan for disturbed areas shall be submitted. This plan shall include a description for the sequence of grading activities and the temporary sediment and erosion control measures to be implemented to mitigate their effects. This plan shall also include a description of final stabilization and revegetation measures,and the identification of a responsible party to ensure post-construction maintenance. Sec.8-6.5 The Building Officer shall be responsible for obtaining from the applicant,copies of all other local, state and federal permits, approvals or waivers that may be required for this type of activity. The Building Officer shall not issue a permit unless all other local, state and federal permits have been obtained. Sec. 8-6.6 Preventing increased damages. No development in the flood fringe shall create a threat to public health and safety. Sec. 8-6.7 If fill is being used to elevate the site above the base flood or 100-year frequency flood elevation, the applicant shall submit sufficient data and obtain a Letter of Map Revision (LOMR) from FEMA for the purpose of removing the site from the flood plain. Sec.8-6.8 Compensatory storage. Whenever any portion of a flood plain is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the base flood or 100-year frequency flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood or 100-year frequency flood elevation. The excavation volume shall be at least equal to 1.5 times the volume of storage lost due to the fill or structure. In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied. All flood plain storage lost below the existing 10-year flood elevation shall be replaced below the proposed 10-year flood elevation. All flood plain storage lost above the existing 10-year flood elevation shall be replaced above the proposed 10-year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse. Sec.806.9 Construction of the Lowest Floor below the Base Flood Elevation(BFE). A person who has obtained a Letter of Map Revision Based on Fill that removes a site in the flood fringe from the floodplain due to the use of fill to elevate the site above the BFE,may apply for a permit from the City to construct the lowest floor of a residential building below the BFE in the flood fringe. The Building Officer shall not issue such a permit unless the applicant has complied with all the criteria set forth in the following subsection. (a)Compensatory storage shall be provided per Section 8-6.8 (b)The elevation of the lowest opening in the basement wall (i.e.,window wells,access ways) shall be at or above the Flood Protection Elevation(FPE). 215 10/06 (c)The lowest adjacent grade to the foundation shall be at or above the FPE, for a minimum distance of ten(10)feet beyond the outside face of the structure. However, if site conditions are such that this requirement cannot be met, the Building Officer may waive the ten (10) foot minimum setback if an Illinois Registered Professional Engineer certify that an alternative method to protect the building from damage due to hydrostatic pressures has been met. The certifications shall be in the form of a detailed soils and structural design analysis, which shall be submitted to the Building Officer for review. The Building Officer may require such additional documentation as necessary to prove that the proposed shorter setback distance will keep the structure reasonably safe. In no case shall the setback distance be less than four(4)feet. (d) The grade around the perimeter of the structure, measured at a distance of twenty(20) feet from the structure, shall be above the BFE. However, if site conditions are such that this requirement cannot be obtained, the Building Officer may waive the twenty(20) foot minimum setback distance if an Illinois Registered Professional Engineer certifies that an alternative method'to protect the building from damages due to hydrostatic pressures have been met. A detailed soils analysis and structural design proving that a shorter setback distance will keep the structure reasonably safe from flooding,shall be submitted to the City for review. In no case shall the setback distance be less than four(4)feet. (e) The ground around the building shall be compacted fill that meets all requirements of this subsection and is at least five (5) feet thick under the basement floor slab. Nothing in this subsection shall be interpreted to require the removal or replacement of fill that was placed as part of a LOMR-F, if such fill consists of material,including soils of similar classification and degree permeability, such as those classified as CH, CL, SC or ML according to ASTM standard D-2487,Classification of Soils for Engineering Purposes. (f)The fill material must be homogeneous and isotropic;that is,the soil must be all of one material,and the engineering priorities must be in the same direction. (g) All fill material and compaction shall be designed, certified and inspected by an Illinois Registered Professional Engineer,as warranted by the site conditions. (h)The basement floor shall be at an elevation that is no more than five(5)below the BFE. (i) There shall be a granular drainage layer beneath the floor slab, and minimum of one quarter (V4)horsepower sump pump with a backup power supply shall be provided to remove seepage flow. The pump shall be rated at four(4)times the estimated seepage rate and shall discharge above the BFE and away from the building in order to prevent flooding of the basement or uplift of the floor under the effect of the seepage pressure. 0)The drainage system shall be equipped with a positive means ofpreventing backflow. (k)All foundation elements shall be designed to withstand hydrostatic pressure in accordance with accepted engineering practices 216 10/06 (1)If the applicant is unable to meet all of the requirements set forth in the preceding paragraphs of this subsection, the Building Officer may allow the construction of a basement below the BFE only if the applicant demonstrates that the proposed fill and structure meet the guidelines and requirements set forth in FEMA Technical Bulletin 10-01 and are reasonably safe from flooding. In order to demonstrate that the proposed structure is reasonably safe from flooding,the applicant shall submit a detailed engineering analysis of the proposed fill and foundation wall. The engineered basement study shall be completed in accordance with the latest edition of FEMA Technical Bulletin 10-01, with the analysis of the fill being prepared by an Illinois Registered Professional Engineer. (m)In order to provide the required compensatory storage on site, in no case shall the depth of excavation in the front and side yards of the lot exceed eighteen (18)inches,as measured from the previously existing natural grade. The rear yard shall be permitted to have a greater depth of excavation, if necessary. All such excavation shall be constructed to drain freely and openly to the watercourse or storm sewer system. The use of mechanical means to drain the compensatory storage area will not be permitted. Sec.8-7.0 Occupation and use of identified floodways This section applies to proposed development, redevelopment, site modification or building modification within a designated floodway. The designated floodway for the Fox River, Boone Creek, and the Lakeland Park drainage ditch shall be as delineated on the countywide Flood Insurance Rate Map of McHenry County and referenced in Section 8-2.41. Only those uses and structures will be permitted which meet the criteria in this section. All floodway modifications shall be the minimum necessary to accomplish the purpose of the project. The development shall also meet the requirements of Section 8-9.0. Sec. 8-7.1 Development permit. No person, firm, corporation or governmental body not exempted by state law shall commence any development in a floodway without first obtaining a development permit from the Building Officer and IDNR/OWR. Sec. 8-7.2 Application for a development permit shall be made on a form provided by the Building Officer. The application shall include the following information: (a)Name and address of applicant; (b) Site location (including legal description) of the property, drawn to scale, on the designated floodway map, indicating whether it is proposed to be in an incorporated or unincorporated area; (c)Name of stream or body of water affected; (d)Description of proposed activity; (e)Statement of purpose of proposed activity; 217 10/06 (0 Anticipated dates of initiation and completion of activity; (g)Name and mailing address of the owner of the subject property if different from the applicant; (h)Signature of applicant or the applicant's agent; (i)If the applicant is a corporation,the president or other authorized officer shall sign the application form; 0)If the applicant is a partnership, each partner shall sign the application form; (k) If the applicant is a land trust, the trust officer shall sign the name of the trustee by him (her)as trust officer. A disclosure affidavit shall be filed with the application,identifying each beneficiary of the trust by name and address and defining the respective interests therein; (1)Plans of the proposed activity shall be provided which include as a minimum: (i)A vicinity map showing the site of the activity,name of the waterway,boundary lines,names of roads in the vicinity of the site,graphic or numerical scale,and north arrow; (ii) A plan view of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the structure or work, elevations, using the North American Vertical Datum of 1988, adjacent property lines and ownership, drainage and flood control easements, location of any channels and any existing or future access roads, distance between proposed activity and navigation channel (when the proposed construction is near a commercially navigable body of water), designated floodway limit, flood plain limit, specifications and dimensions of any proposed channel modifications, location and orientation of cross-sections,north arrow, and a graphic or numerical scale; (iii) cross-section views of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the work as shown in plan view, existing and proposed elevations, normal water elevation, 10-year frequency flood elevation, 100-year frequency flood elevation, and graphic or numerical scales(horizontal and vertical). (iv)A soil erosion and sedimentation control plan for disturbed areas. This plan shall include a description for the sequence of grading activities and the temporary sediment and erosion control measures to be implemented to mitigate their effects. This plan shall also include a description of final stabilization and revegetation measures, and the identification of a responsible party to ensure post-construction maintenance. (v) A copy of the designated floodway map, marked to reflect any proposed change in the designated floodway location. 218 10/06 (m) Any and all other local, state and federal permits or approval letters that may be required for this type of development. (n) Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the permit criteria of Section 8-7.4. (o) If the designated floodway delineation, base flood or 100 year frequency flood elevation will change due to the proposed project, the application will not be considered complete until IDNR/OWR has indicted conditional approval of the designated floodway map change. No structures may be built until a Letter of Map Revision has been approved by FEMA. (p) The application for a structure shall be accompanied by drawings of the site, drawn to scale showing property line dimensions and existing ground elevations and all changes in grade resulting from any proposed excavation or filling, and flood plain and floodway limits; sealed by a registered professional engineer, licensed architect or registered land surveyor; the location and dimensions of all buildings and additions to buildings; and the elevation of the lowest floor(including basement) of all proposed buildings subject to the requirements of Section 8-9.0 of this ordinance. (q)If the proposed project involves a channel modification,the applicant shall submit the following information: (i)A discussion of the purpose of and need for the proposed work; (ii) A discussion of the feasibility of using alterative locations or methods to accomplish the purpose of the proposed work; (iii)An analysis of the extent and permanence of the impacts each feasible alternative identified in Section 8.7 would have on the physical and biological conditions of the body of water affected; (iv) An analysis of the extent and permanence of the impacts each feasible alternative identified in 8-7.5 (d)(i) of this Section would have on the physical and biological conditions of the body of water affected;and (v)An analysis of the impacts of the proposed project, considering cumulative effects on the physical and biological conditions of the body of water affected. Sec.5-7.3 The Building Officer shall be responsible for obtaining from the applicant copies of all other local,state, and federal permits and approvals that may be required for this type of activity. The Building Officer shall not issue the development permit unless all required federal and state permits have been obtained. A Registered Professional Engineer,under the employ or contract of the City shall review and approve applications reviewed under this Section. 219 10/06 See. 8-7.4 Preventing increased damages and a list of Appropriate Uses. The only development in a floodway which will be allowed are Appropriate Uses, which will not cause a rise in the base flood elevation, and which will not create a damaging or potentially damaging increase in flood heights or velocity or be a threat to public health and safety and welfare or impair the natural hydrologic and hydraulic functions of the floodway or channel, or permanently impair existing water quality or aquatic habitat.. Construction impacts shall be minimized by appropriate mitigation methods as called for in this ordinance. Only those Appropriate Uses listed in 17 Ill. Adm. Code Part 3708 will be allowed. The approved Appropriate Uses are as follows: (a) Flood control structures, dikes, dams and other public works or private improvements relating to the control of drainage, flooding,erosion, or water quality or habitat for fish and wildlife. (b) Structures or facilities relating to the use o,`, or requiring access to, the water or shoreline, such as pumping and treatment facilities and facilities and improvements related to recreational boating, commercial shipping and other functionally water dependent uses; (c) Storm and sanitary sewer outfalls; (d)Underground and overhead utilities; (e) Recreational facilities such as playing fields and trail systems including any related fencing (at least 50% open when viewed from any one direction) built parallel to the direction of flood flows, and including open air pavilions and toilet facilities(four-stall maximum)that will not block flood flows nor reduce floodway storage; (0 Detached garages, storage sheds, or other non-habitable accessory structures that will not block flood flows,nor reduce floodway storage; (g) Bridges,culverts,roadways,sidewalks,railways,runways and taxiways and any modification hereto; (h)Parking lots built at or below existing grade where either: (i)the depth of flooding at the 100-year frequency flood event will not exceed 1.0%or (ii) the applicant of a short-term recreational use facility parking lot formally agrees to restrict access during overbank flooding events and accepts liability for all damage caused by vehicular access during all overbank flooding events; (i) Designated floodway regrading,without fill,to create a positive non-erosion slope toward a watercourse. 220 10/06 0)Flood proofing activities to protect previously existing lawful structures including the construction of water tight window wells, elevating structures, or construction of floodwalls around residential, commercial or industrial principal structures where the outside toe of the floodwall shall be no more than ten (10) feet away from the exterior wall of the existing structure,and,which are not considered substantial improvements to the structure. (k) The replacement, reconstruction or repair of a damaged building, provided that the outside dimensions are not increased, and if the building was damaged to fifty percent (50%) or more of the market value before the damage occurred, the building will be protected from flooding to the flood protection elevation. (1) Modifications to an existing building that would not increase the enclosed floor area of the building below the 100-year frequency flood elevation, and which will not block flood flows including but not limited to, fireplaces, bay windows,decks,patios,and second story additions. If the building is improved to fifty percent(50%)or more of the market value before the modification occurred (i.e. a substantial improvement), the building will be protected from flooding to the flood protection elevation. Sec. 8-7.4a Appropriate uses do not include the construction or placement of any new structures, fill, building additions, building on stilts, excavation or channel modifications done to accommodate otherwise non-appropriate uses in the floodway, fencing(including landscaping or planting designed to act as a fence)and storage of materials except as specifically defined above as an Appropriate Use. Sec.8-7.5 Within the designated floodway, the construction of an Appropriate Use, will be considered permissible provided that the proposed project meets the following engineering and mitigation criteria and is so stated in writing with supporting plans, calculations and data by a registered professional engineer and provided that any structure meets the protection requirements of Section 8.9 of this ordinance: (a)Preservation of Flood Conveyance, so as not to increase flood stages upstream. For appropriate uses other than bridge or culvert crossings, on-stream structures or dams, all effective designated floodway conveyance lost due to the project will be replaced for all flood events up to and including the 100-year frequency flood. In calculating effective designated floodway conveyance, the following factors shall be taken into consideration: (i) Designated floodway conveyance, "K" + (1.486/n)(AR2") where "n" is Manning's roughness factor, "A" is the effective flow area of the cross-section, and"R" is the ratio of the area to the wetted perimeter. (See Ven Te Chow, Open Channel Hydraulics, McGraw-Hill,New York 1959) (ii) The same Manning's "n" value shall be used for both existing and proposed conditions unless a recorded maintenance agreement with a federal, state, or local unit of government can assure the proposed conditions will be maintained or the land cover is changing from a vegetative to a non-vegetative land cover. 221 10/06 (iii) Transition sections shall be provided and used ai calculations of effective designated floodway conveyance. The following expansion and contraction ratios shall be used unless an applicant's engineer can prove to IDNR/OWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency. (1) When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot horizontal for every four feet of the flooded stream's length. (2) When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot horizontal for every one foot of the flooded stream's length. (3) When expanding or contracting flows in a vertical direction, a minimum of one foot vertical transition for every ten feet of stream length shall be used. (4) Transition sections shall be provided between cross-sections with rapid expansions and contractions and when meeting the designated floodway delineation on adjacent properties. (5) All cross-sections used in the calculations shall be located perpendicular to flood flows. (b)Preservation of floodway storage so as not to increase downstream flooding. (i) Compensatory storage shall be provided for any designated floodway storage lost due to the proposed work from the volume of fill or structures placed and the impact of any related flood control projects. (ii) Compensatory storage for fill or structures shall be equal to at least 1.5 times the volume of flood plain storage lost. (iii)Artificially created storage lost due to a reduction in head loss behind a bridge shall not be required to be replaced. (iv) The compensatory designated floodway storage shall be placed between the proposed normal water elevation and the proposed 100-year flood elevation. All designated floodway storage lost below the existing 10-year flood elevation shall be replaced below the proposed 10-year flood elevation. All designated floodway storage lost above the existing 10-year flood elevation shall be replaced above the proposed 10-year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse. 222 10/06 (v) If the compensatory storage will not be placed at the location of the proposed construction, the applicant's engineer shall demonstrate through a determination of flood discharges and water surface elevations that the compensatory storage is hydraulically equivalent. (vi) There shall be no reduction in floodway surface area as a result of a floodway modification, unless such modification is necessary to reduce at existing structure. (c)Preservation of floodway velocities so as not to increase stream erosion or flood heights. For all Appropriate Uses, except bridges or culverts or on-stream structures, the proposed work will not result in an increase in the average channel or designated floodway velocities or stage, for all flood events up to and including the 100-year frequency event. In the case of bridges or culverts or on-stream structures built for the purpose of backing up water in the stream during normal or flood flows, velocities may be increased at the structure site if scour, erosion and sedimentation will be avoided by the use of rip-rap or other design measures. (d) Construction of new bridges or culvert crossings and roadway approaches. The proposed structure shall not result in an increase of upstream flood stages greater than 0.1 foot when compared to the existing conditions for all flood events up to and including the 100-year frequency event; or the upstream flood stage increases will be contained within the channel banks (or within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or flood walls or within recorded flood easements. If the proposed construction will increase upstream flood stages greater than 0.1 feet, the developer must contact IDNR/OWR to obtain a permit for a dam or waiver. W The engineering analysis of upstream flood stages must be calculated using the flood study flows, and corresponding flood elevations for tailwater conditions for the flood study specified in Section 8-5.0 of this Ordinance. Bridges and culverts must be analyzed using any commonly accepted FEMA approved hydraulic models (ii) Lost floodway storage must be compensated for per Section 8-7.5(b). (iii) Velocity increases must be mitigated per Section 8-7.5(c) (iv) If the crossing is proposed over a public water that is used for recreational or commercial navigation,an IDNNR/OWR permit must be received. (v) The hydraulic analysis for the backwater caused by the bridge showing the existing condition and proposed regulatory profile must be submitted to IDNWOWR for concurrence that a CLOMR is not required by Section 8-7.4. 223 10/06 (vi) All excavations for the construction of the crossing shall be designed per Section 8-7.5(h). (e) Reconstruction or modification of existing bridges,culverts,and approach roads. (i) The bridge or culvert and roadway approach reconstruction or modification shall be constructed with no more than 0.1 foot increase in backwater over the existing flood profile for all flood frequencies up to and including the 100-year event,if the existing structure is not a source of flood damage. (ii) If the existing bridge or culvert and roadway approach is a source of flood damage to buildings or structures in the upstream flood plain, the applicant's engineer shall evaluate the feasibility of redesigning the structure to reduce the existing backwater, taking into consideration the effects on flood stages on upstream and downstream properties. (iii) The determination as to whether or not the existing crossing is a source of flood damage and should be redesigned must be prepared in accordance with 17 I11 Adm Code Part 3708 (F000dway Construction in Northeastern Illinois)and submitted to IDNR/OWR for review and concurrence before a permit is issued. (f)On-stream structures built for the purpose of backing up water. Any increase in upstream flood stages greater than 0.0 foot when compared to the existing conditions, for all flood events up to and including the 100-year frequency event shall be contained within the channel banks(or within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or flood walls or within recorded flood easements. A permit or letter indicating a permit is not required must be obtained from IDNR/OWR for any structure built for the purpose of backing up water in the stream during normal or flood flow. All dams and impoundment structures as defined in Section 8-2.12 shall meet the permitting requirements of 17 IL Adm. Code Part 3702 (Construction and Maintenance of Dams). If the proposed activity involves a modification of the channel or floodway to accommodate an impoundment,it shall be demonstrated that: (i) The impoundment is determined to be in the public interest by providing flood control, public recreation,or regional stormwater detention; (ii) The impoundment will not prevent the migration of indigenous fish species,which require access to upstream areas as part of their cycle,such as for spawning.. (iii) The impoundment will not cause or contribute to degraded water quality or habitat conditions. Impoundment design should include gradual bank slopes, appropriate bank stabilization measures and a pre- sedimentation basin. 224 10/06 (iv) A non-point source control plan has been implemented in the upstream watershed to control the effects of sediment runoff as well as minimize the input of nutrients, oil and grease, metals and other pollutants. If there is more than one municipality in the upstream watershed, the municipality in which the impoundment is constructed should coordinate with upstream municipalities to ensure comprehensive watershed control. (v) The project otherwise complies with the requirements of Section 8-7.0 (g) Flood proofing of existing habitable, residential and commercial structures. If construction is required beyond the outside dimensions of the existing building, the outside perimeter of the floodproofing construction shall be placed no further than 10 feet from the outside of the building. Compensation of lost storage and conveyance will not be required for floodproofing activities. (h) Excavation in the floodway. When excavation is proposed in the design of bridges and culvert openings, including the modifications to and replacement of existing bridge and culvert structures, or to compensate for lost conveyance for other Appropriate Uses, transition sections shall be provided for the excavation. The following expansion and contraction ratios shall be used unless an applicant's engineer can prove to IDNR/OWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency: (i) When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot horizontal for every four feet of the flooded stream's length; (ii) When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot horizontal for every one foot of the flooded stream's length;and (iii) When expanding or contracting flows in a vertical direction, a minimum of one foot vertical transition for every ten feet of steam length shall be used. (iv) Erosion/scour protection shall be provided inland upstream and downstream of the transition sections. (i). If the proposed activity involves a channel modification,it shall be demonstrated that: (i) There are no practicable alternatives to the activity which would accomplish its purpose with less impact to the natural conditions of the body of water affected. Possible alternatives include levees, bank stabilization, flood proofing of existing structures, removal of structures from the flood plain, clearing the channel, high flow channel, or the establishment of a stream side buffer strip or green belt. Channel modification is acceptable if the purpose is to restore natural conditions and improve water quality and fish and wildlife habitat. 225 10/06 (ii) Water quality, habitat, and other natural functions would be significantly improved by the modification and not significant habitat area may be destroyed,or the impacts are offset by the replacement of an equivalent degree of natural resource values. (iii) The activity has been planned and designed and will be constructed in a way which will minimize its adverse impacts on the natural conditions of the body of water affected, consistent with the following criteria: (I) The physical characteristics of the modified channel shall match as closely as possible those of the existing channel in length, cross-section, slope and sinuosity. If the existing channel has been previously modified, restoration of more natural physical conditions should be incorporated into channel modification design,where practical. (2) Hydraulically effective transitions shall be provided at both the upstream and downstream ends of the project designed such that they will prevent erosion. (3) One-sided construction of a channel shall be used when feasible. Removal of streamside (riparian) vegetation should be limited to one side of the channel, where possible, to preserve the shading and stabilization effects of the vegetation. (4)Clearing of stabilizing vegetation shall be limited to that which is essential for construction of the channel. (5) Channel banks shall be constructed with a side slope no steeper than 3:1 horizontal to vertical, wherever practicable. Native vegetation and gradual side slopes are the preferred methods for bank stabilization. Where high velocities or sharp bends necessitate the use of alternative stabilization measures, soil bio-engineering techniques, natural rock or rip-rap are preferred approaches. Artificial materials such as concrete, gabions, or construction rubble should be avoided unless there are no practicable alternatives. (6) All disturbed areas associated with the modification shall be seeded or otherwise stabilized as soon as possible upon completion of construction. Erosion blanket or an equivalent material shall be required to stabilize disturbed channel banks prior to establishment of the vegetative cover. (7) If the existing channel contains considerable bottom diversity such as deep pools, riffles and other similar features, such features shall be provided in the new channel. Spawning and nesting areas and flow characteristics compatible with fish habitat shall also be established, where appropriate. (8) A sediment basin shall be installed at the downstream end of the modification to reduce sedimentation and degradation of downstream water quality. 226 10/06 (9) New or relocated channels should be built in the dry, and all items of construction, including vegetation, should be completed prior to diversion of water into the new channel. (10) There shall be no increases in stage or velocity as the channel enters or leaves the project site for any frequency flood unless necessitated by a public flood control project or unless such an increase is justified as part of a habitat improvement or erosion control project. (11) Unless the modification is for a public flood control project, there shall be no reduction in the volume of floodwater storage outside the floodway as a result of the modification;and (iv) The project otherwise complies with the requirements of Section 8-7.0. 0) Seeding and stabilization plan. For all activities located in a floodway, a seeding and stabilization plan shall be submitted by the applicant. (k) Soil erosion and sedimentation measures. For all activities in the floodway, including grading, filling, and excavation, in which there is potential for erosion of exposed soil, soil erosion and sedimentation control measures shall be employed consistent with the following criteria: (i) The construction area shall be minimized to preserve the maximum vegetation possible. Construction shall be scheduled to minimize the time soil is exposed and unprotected. In no case shall the existing natural vegetation be destroyed,removed,or disturbed more than 15 days prior to the initiation of improvements. (ii)Temporary and/or permanent soil stabilization shall be applied to denuded areas as soon as possible. As a minimum, soil stabilization shall be provided within 15 days after final grade is reached on any portion of the site, and within 15 days to denuded areas which may not be at final grade but will remain undisturbed for longer than 60 days. (iii)Sedimentation control measures shall be installed before any significant grading or filling is initiated on the site to prevent the movement of eroded sediments off site or into the channel. Potential sediment control devices include filter fences, straw bale fences, check dams,diversion ditches,and sediment traps and basins. (iv) A vegetated buffer strip of at least 25 feet in width shall be preserved and/or re-established, where possible, along existing channels. Construction vehicle use of channels shall be minimized. Temporary stream crossings shall be constructed where necessary, to minimize erosion. Necessary construction in or along channels shall be re-stabilized immediately. 227 10/06 (v) Soil erosion and sedimentation control measures shall be designed and implemented consistent with "Procedures and Standards for Urban Soil Erosion and Sedimentation Control in Illinois" (1988) also known as the"Green Book"and "The Illinois Urban Manual"(NRCS, 1995) (1)Public flood control projects. For public flood control projects, the permitting requirements of this section will be considered met if the applicant can demonstrate to IDNR/OWR through hydraulic and hydrologic calculations that the proposed project will not singularly or cumulatively result in increased flood heights outside the project right-of-way or easements for all flood events up to and including the 100-year frequency event. (m)General criteria for analysis of flood elevations: (i)The flood profiles, flows and floodway data in the designated floodway study,referenced in Section 8-5.0, must be used for analysis of the base conditions. If the study data appears to be in error or conditions have changed, IDNR/OWR shall be contacted for approval and concurrence on the appropriate base conditions data to use. (ii) If the 100-year designated floodway elevation at the site of the proposed construction is affected by backwater from a downstream receiving stream with a larger drainage area, the proposed construction shall be shown to meet the requirements of this section for the 100-year frequency flood elevations of the designated floodway conditions and conditions with the receiving stream at normal water elevations. (iii) If the applicant learns from IDNR/OWR, local governments, or a private owner that a downstream restrictive bridge or culvert is scheduled to be removed, reconstructed, modified, or a regional flood control project is scheduled to be built, removed, constructed or modified within the next five years, the proposed construction shall be analyzed and shown to meet the requirements of this section for both the existing conditions and the expected flood profile conditions when the bridge,culvert or flood control project is built. (n)Conditional Letter of Map Revision. (i) If the Appropriate Use would result in a change in the designated floodway location or the 100-year frequency flood elevation, the applicant shall submit to IDNR/OWR and to FEMA all the information, calculations and documents necessary to be issued a conditional designated floodway map revision and receive from IDNR/OWR a conditional concurrence of the designated floodway change before a permit is issued. (ii)The final designated floodway map will not be changed by FEMA until as-built plans or record drawings of initial filling, grading, dredging, or excavating activities are submitted and accepted by FEMA and IDNR/OW K 228 10/06 (iii) In the case of non-government projects, the municipality in incorporated areas and the county in unincorporated areas shall concur with the proposed conditional designated floodway map revision before IDNR/OWR approval can be given. (iv)No filling,grading,dredging or excavating shall take place until a conditional approval is issued. (v) After initial filling, grading, dredging, or excavating, no activities shall take place until a final Letter of Map Revision(LOMR)is issued by FEMA with concurrence from IDNR/OWR. (o)Professional engineer's supervision. All engineering analyses shall be performed by or under the supervision of a registered professional engineer. (p)For all activities in the floodway involving construction within 25 feet of the channel,the following criteria shall be met: (i) A natural vegetation buffer strip shall be preserved within at least 25 feet of the ordinary high water mark of the channel. (ii) Where it is impossible to protect this buffer strip during the construction of an Appropriate Use, a vegetated buffer strip shall be established upon completion of construction. (q) After receipt of conditional approval of the designated floodway change and issuance of a permit and a Conditional Letter of Map Revision, construction as necessary to change the designated floodway designation may proceed but no buildings or structures or other construction that is not an Appropriate Use may be placed in that area until the designated floodway map is changed and a final Letter of Map Revision is received. The designated floodway map will be revised upon acceptance and concurrence by IDNR/OWR and FEMA of the"as built"plans. Sec.5-7.6 Development Activities in delegated communities requiring state review. For those projects listed below located in a designated floodway, the following criteria shall be submitted to IDNR/OWR for their review and concurrence and/or permit prior to the issuance of a permit by a community or county delegated state permitting authority in the floodway: (a)An engineer's analysis of the flood profile due to a proposed bridge pursuant to Section 8-7.5(d). (b) An engineer's determination that an existing bridge or culvert crossing is not a source of flood damage and the analysis indicating the proposed flood profile,pursuant to Section 8-7.5(e). (c)Alternative transition sections and hydraulically equivalent storage pursuant to Section 8-7.5 (a,b and h). 229 10/06 (d)The construction of any IDNR/OWR projects, dams(as defined in Section 8-2.12) and all other state, federal or local units of government projects,including projects of the municipality or county. (e) An engineer's determination that a proposed bridge affected by backwater from a downstream receiving stream may be built with a smaller opening. (f)Projects which revise or establish the floodway and/or flood profiles. (g)Projects in public bodies of water. See.8-7.7 Other permits. (a) In addition to the other requirements of this ordinance, a development permit for a site located in a floodway shall not be issued unless the applicant first obtains a permit or written documentation that a permit is not required from IDNR/OWR, issued pursuant to 615 ILCS 515 et seq. (b)No correspondence from IDNR/OWR shall be required if the project meets the requirements of Regional Permit 3. (c)No permit from IDNR/OWR shall be required if IDNR/OWR has delegated this responsibility to the City. Sec.8-7.8 Permits for Dams. (a) Any work involving the construction, modification or removal of a dam as defined in Section 8-2.12 per 17 IL Adm Code Part 3702(Rules for Construction of Dams) shall obtain an IDNR/OWR permit prior to the start of construction of a dam. (b) If the Building Officer finds a dam that does not have an IDNR/OWR permit, the Building Officer shall immediately notify the IDNR/OWR Bartlett Office. (c) If the Building Officer finds a dam which is believed to be in unsafe condition, the Building Officer shall immediately notify the owner of the dam, IDNR/OWR Bartlett Office, and the Illinois Emergency Management Agency(IEMA). Sec.8-7.9 Activities that do not require a registered professional engineer's review. The following activities may be permitted without a registered professional engineers review. Such activities shall still meet the other requirements of this ordinance,including the mitigation requirements. (a) Regional Permit 3 which authorizes, for example,underground and overhead utilities, storm and sanitary sewer outfalls,sidewalks,patios, athletic fields,playground equipment and streambank protection activities. 230 10/06 See.8-8.0 Occupation and use of SFHA areas where floodways are not identified. In SFHA or flood plains,(including AE Zones,AH Zones,AO Zones, and Un-numbered A Zones)where no floodways have been identified and no base flood or 100-year frequency flood elevations have been established by FEMA,and draining more than a square mile,no development shall be permitted unless the cumulative effect of the proposals, when combined with all other existing and anticipated uses and structures, shall not significantly impede or increase the flow and passage of the floodwaters nor significantly increase the base flood or 100-year frequency flood elevation. Sec. 8-8.1 Development permit. No person, firm, corporation, or governmental body, not exempted by state law, shall commence any development in a SFHA or flood plain without first obtaining a development permit from the Building Officer. Application for a development permit shall be made on a form provided by the Building Officer. The application shall be accompanied by drawings of the site,drawn to scale showing property line dimensions;and existing grade elevations and all changes in grade resulting from excavation or filling, sealed by a licensed engineer, architect or surveyor; the location and dimensions of all buildings and additions to buildings; and the elevation of the lowest floor(including basement) of all proposed buildings subject to the requirements of Section 8-9.0 of this Ordinance. The application for a development permit shall also include the following information: (a)A detailed description of the proposed activity, its purpose,and intended use; (b) Site location (including legal description) of the property, drawn to scale, on the designated floodway maps, indicating whether it is proposed to be in an incorporated or unincorporated area; (c)Anticipated dates of initiation and completion of activity; (d)Plans of the proposed activity shall be provided which include as a minimum: (i) A vicinity map showing the site of the activity, name of the waterway, boundary lines, names of roads in the vicinity of the site,graphic or numerical scale,and north arrow; (ii) A plan view of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the structure or work, elevations using the North American Vertical Datum of 1988, adjacent property lines and ownership, drainage and flood control easements, distance between proposed activity and navigation channel (when the proposed construction is in or near a commercially navigable body of water), flood plain limit, location and orientation of cross-sections, north arrow, and a graphical or numerical scale; 231 10/06 (iii) Cross-section views of the project perpendicular to the flow of floodwater and engineering study reach showing existing and proposed conditions including principal dimensions of the work as shown in plan view, existing and proposed elevations, normal water elevation, 10-year frequency flood elevation, 100-year frequency flood elevation,and graphical or numerical scales(horizontal and vertical);and (iv)A soil erosion and sedimentation control plan for disturbed areas. This plan shall include a description of the sequence of grading activities and the temporary sediment and erosion control measures to be implemented to mitigate their effects. This plan shall also include a description of final stabilization and revegetation measures,and the identification of a responsible party to ensure post-construction maintenance. (e) Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the criteria of Section 8-8.4. (f)Any and all other local, state and federal permits or approvals that maybe required for this type of development. See.8-8.2 Based on the best available existing data according to federal, state or other sources,the Building Officer shall compare the elevation of the site to the base flood or 100-Year frequency flood elevation. (a)Should no elevation information exist for the site, the developer's engineer shall calculate the elevation according to Section 8-5.4. (b) Any development located on land that can be shown to have been higher than the base flood elevation of the current Flood Insurance Rate Map identification is not in the SFHA and,therefore,not subject to the requirements of this ordinance. (c)The Building Officer shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's first Flood Insurance Rate Map identification. (d) The Building Officer shall be responsible for obtaining from the applicant copies of all other federal, state and local permits, approvals, or waivers that may be required for this type of activity. The Building Officer shall not issue the development permit unless all required federal,state, and local permits have been obtained. See.8-8.3 Reserved 232 10/06 Sec. 8-8.4 Preventing increased damages. No development in the SFHA, where a floodway has not been determined shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health, safety and welfare or impair the natural hydrologic and hydraulic functions of the floodway or channel, or impair existing water quality or aquatic habitat. Construction impacts shall be minimized by appropriate mitigation methods as called for in this ordinance. Sec. 8-8.5 Within all riverip_e SFHA's where the floodway has not been determined, the following standards shall apply: (a)The developer shall have a Registered Professional Engineer state in writing and show through supporting plans, calculations and data that the project meets the engineering requirements of Section 8-7.5(a) through (1) for the entire flood plain as calculated under the provisions of Section 8-5.4 of this Ordinance. (i) As an alternative, the developer should have an engineering study performed to determine a floodway and submit that engineering study to IDNR/OWR and FEMA for acceptance as a designated floodway. (ii) Upon acceptance of the floodway by IDNR/OWR and FEMA, the developer shall then demonstrate that the project meets the requirements of Section 8-7.0 for the designated floodway. The floodway shall be defined according to the definition in Section 8-2.41 of this Ordinance. (b) A development permit shall not be issued unless the applicant first obtains an IDNR/OWR permit or a determination has been made that an IDNR/OWR permit is not required. (c)Permits for Dams. (i) Any work involving the construction,modification or removal of a dam as defined in Section 8-2 Il Adm Code Part 3702 (Rules for Construction of Dams) shall obtain an IDNR/OWR permit prior to the start of construction of a dam. (ii) If the Building Officer finds a dam that does not have an IDNR/OWR permit, the Building Officer shall immediately notify the IDNR/OWR Bartlett office. (iii)If the Building Officer finds a dam which is believed to be unsafe condition, the Building Officer shall immediately notify the owner of the dam, the IDNR/OWR Bartlett office, and the Illinois Emergency Management Agency. (d) The following activities may be permitted without a Registered Professional Engineer's review or calculation of a base flood elevation and designated floodway. Such activities shall still meet the other requirements of this ordinance: 233 10/06 (i) Bridge and culvert crossings of streams in rural areas meeting conditions of IDNR/OWR Statewide Permit Number 2 (ii)Barge fleeting facilities meeting conditions of IDNR/OWR Statewide Permit No 3 (iii)Aerial utility crossings meeting conditions of IDNR/OWR Statewide Permit No.4 (iv)Minor boat docks meeting conditions of IDNR/OWR Statewide Permit No 5 (v) Minor, non-obstructive activities meeting conditions of IDNR/OWR Statewide Permit No 6; activities (not involving fill or positive change in grade)are covered by this permit. (vi)Outfall structures and drainage ditch outlets meeting conditions of IDNR/OWR Statewide Permit No 7 (vii)Underground pipeline and utility crossings meeting the conditions of IDNR/OWR Statewide Permit No 8 (viii) Bank stabilization projects meeting the conditions of IDNR/OWR Statewide Permit No 9 (ix) Accessory structures and additions to existing residential buildings meeting the conditions of IDNR/OWR Statewide Permit No 10 (x)Minor maintenance dredging activities meeting conditions of IDNR/OWR Statewide Permit No 11 (xi) Bridge and culvert replacement structures and bridge widenings meeting conditions of IDNR/OWR Statewide Permit No 12 (xii)Temporary construction activities meeting conditions of IDNR/OWR Statewide Permit No 13 (xiii) Special Uses of Public Waters meeting conditions of IDNR/OWR Statewide Permit No 14 (ix)Any development determined by IDNR/OWR to be located entirely within a flood fringe area shall be exempt from state floodway permit requirements. Sec.8-8.5a The flood carrying capacity within any altered or relocated watercourse shall be maintained. 234 10/06 See.8-8,6 Compensatory storage. (a) Whenever any portion of a flood plain is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the base flood or 100-year frequency flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood or 100-year frequency flood elevation. (b)The excavation volume shall be at least equal to 1.5 times the volume of storage lost due to the fill or structure. (c) In the case of streams and watercourses,such excavation shall be made opposite or adjacent to the areas so filled or occupied. (d) All flood plain storage lost below the existing 10-year a flood elevation shall be replaced below the proposed 10-year flood elevation. All flood plain storage lost above the existing 10-year flood elevation shall be replaced above the proposed 10-year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse. Sec.8-9.0 Permitting requirements applicable to all flood plain areas. In addition to the requirements found in Sections 8-6.0, 8-7.0 and 8-8.0 for development in flood fringes, designated floodways, and SFHA or flood plains where no floodways have been identified, the following requirements shall be met. See.8-9.1 Public health standards. Sec.8-9.2 No developments in the SFHA shall include locating or storing chemicals,explosives,buoyant materials, animal wastes, fertilizers, flammable liquids,pollutants, or other hazardous or toxic materials below the FPE unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or floodproofed building constructed according to the requirements of section 8-9 of this ordinance Sec.8-9.2a Public utilities and facilities such as sewer, gas and electric shall be located and constructed to minimize or eliminate flood damage. Sec. 8-9.2b Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. Sec. 8-9.3 New and replacement water supply systems, wells, sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other above ground openings located below the RE are watertight. 235 10/06 Sec. 8-9.2c All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages. Sec. 8-9.4 Carving capacity and notification. For all projects involving channel modification, fill, or stream maintenance (including levees),the flood carrying capacity of the watercourse shall be maintained. In addition, the City shall notify adjacent communities in writing 30 days prior to the issuance of a permit for the alteration or relocation of the watercourse. Sec.8-9.5 Protecting buildings. All buildings located within a 100-year flood plain also known as a SFHA, shall be protected from flood damage below the flood protection elevation. This building protection criteria applies to the following situations: (a)Construction or placement of a new building or alteration or addition to an existing building valued at more than one thousand dollars($1,000)or seventy(70)square feet. (b) Substantial improvements or structural alterations made to an existing building that increase the floor area by more than 20%or equal or exceed the market value by fifty percent(50%).Alteration shall be figured cumulatively subsequently to the adoption of this ordinance.If substantially improved, the existing structure and the addition must meet the flood protection standards of this section. (c) Repairs made to a substantially damaged building. These repairs shall be figured cumulatively subsequent to the adoption of this ordinance. If substantially damaged the entire structure must meet the flood protection standards of this section. (d) Installing a manufactured home on a new site or a new manufactured home on an existing site. The building protection requirements do not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage (e)Installing a travel trailer or recreational vehicle on a site for more than 180 days per year; and (f)Repetitive loss to an existing building as defined in Section 8-2.This building protection requirement may be met by one of the following methods. Sec. 8-9.6 A residential or non-residential building, when allowed, may be constructed on permanent land fill in accordance with the following: (a)The lowest floor, (including basement)shall be at or above the flood protection elevation;and (b) The fill shall be placed in layers no greater than six inches deep before compaction and should extend at least ten (10)feet beyond the foundation of the building before sloping below the flood protection elevation;and 236 10/06 (c) The top of the fill shall be above the flood protection elevation. However, the ten (10) foot minimum may be waived if a structural engineer certifies an alternative method to protect the building from damages due to hydrostatic pressures;and (d) The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap or other structural measure;and (e)The fill shall be composed of rock or soil and not incorporate debris or refuse materials;and (0 The fill shall not adversely affect the flow or surface drainage from or onto neighboring properties, and when necessary, stormwater management techniques such as swales or basins shall be incorporated. Sec.8-9.7 A residential or non-residential building may be elevated in accordance with the following: (a) The building or improvements shall be elevated on crawl space, stilts, piles, walls, or other foundation that is permanently open to flood waters and not subject to damage by hydrostatic pressures of the base flood or 100-year frequency flood. Designs must either be certified by a registered professional engineer or architect or the permanent openings, one on each wall, shall be not more than one foot above existing grade, and consist of a minimum of two openings. The openings must have a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the Base Flood Elevation; and (b) The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current,waves, ice and floating debris; and (c) All areas below the flood protection elevation shall be constructed of materials resistant to flood damage. The lowest floor (including basement)and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the flood protection elevation. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the flood protection elevation. (i) The lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the flood protection elevation;and (ii) Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the flood protection elevation provided they are waterproofed; and (d) The areas below the flood protection elevation may only be used for the parking of vehicles, building access or storage in an area other than a basement and not later modified or occupied as habitable space; and 237 10/06 (e)In lieu of the above criteria,the design methods to comply with these requirements may be certified by registered professional engineer or architect. (f) Manufactured homes and travel trailers to be installed on a site for more than 180 days, shall be elevated to or above the flood protection elevation; and, shall be anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with the Rules and Regulations for the Illinois Mobile Home Tie-Down Act issued pursuant to 77 IL Adm. Code Part 870. In addition, all manufactured homes shall meet the following elevation requirements: (i)In the case of manufactured homes placed or substantially improved(1)outside of a manufactured home park or subdivision, (2) in a new manufactured home park or subdivision, (3)in an expansion to an existing manufactured home park or subdivision, or (4) in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage from a flood, the top of the lowest floor shall be elevated to or above the flood protection elevation. (ii) In the case of manufactured homes placed or substantially improved in an existing manufactured home park or subdivision, the manufactured home shall be elevated to that either the top of the lowest floor is above the base flood elevation or the chasis is at least 36 inches in height above grade and supported by reinforced piers or other foundations of equivalent strength, whichever is less. (g) Recreational vehicles or travel trailers shall be required to meet the elevation and anchoring requirements of Subsection 8-9.7b above unless: (i)They are on site for fewer than 180 consecutive days;and (ii)They are fully licensed,ready for highway use, and used only for recreation, camping, travel or seasonal use rather than as a permanent dwelling.A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utility and service devices,and has no permanently attached additions. Sec. 8-9.8A. Only a non-residential building may be structurally dry floodproofed (in lieu of elevation) provided that: (a) A registered professional engineer or architect shall certify that the building has been structurally dry floodproofed below the flood protection elevation, the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood or 100-year frequency flood. (b) The building design shall take into account flood velocities, duration,rate of rise,hydrostatic and hydrodynamic forces,the effects of buoyancy, and impacts from debris or ice. 238 10/06 (c) Floodproofing measures shall be operable without human intervention and without an outside source of electricity (Levees, berms, floodwaels and similar works are not considered floodproofing for the purpose of this subsection). Sec.8-9.8B A building may be constructed with a crawlspace located below the flood protection elevation provided that the following conditions are met: (i)The building must be designed and adequately anchored to resist flotation,collapse,and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,including the effects of buoyancy;and (ii) Any enclosed area below the flood protection elevation shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. A minimum of one opening on each wall having a total net area of not less than one square inch per one square foot of enclosed area. The openings shall be no more than one(1)foot above grade;and (iii)The interior grade of the crawlspace below the flood protection elevation must not be more than two(2) feet below the lowest adjacent exterior grade;and (iv) The interior height of the crawlspace measured from the interior grade of the crawl to the top of the foundation wall must not exceed four(4)feet at any point;and (v) An adequate drainage system must be installed to remove floodwaters from the interior area of the crawlspace within a reasonable period of time after a flood event;and (vi)Portions of the building below the flood protection elevation must be constructed with materials resistant to flood damage;and (vii) Utility systems within the crawlspace must be elevated above the flood protection elevation. Sec.8-9.8C Construction of new or substantially improved critical facilities shall be located outside the limits of the floodplain.Construction of new critical facilities shall be permissible within the floodplain if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor (including basement) elevated or structurally dry floodproofed to the 500-year flood frequency elevation or three feet above the level of the 100-year flood frequency elevation, whichever is greater. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routs elevated to or above the level of the base flood elevation shall be provided to all critical facilities. Sec. 8-9.8D Tool sheds and detached garages and other minor accessory structures on an existing single-family platted lot, may be constructed with the lowest floor below the flood protection elevation in accordance with the following: 239 10/06 (a)The building is not used for human habitation. (b) All areas below the base flood or 100-year frequency flood elevation shall be constructed with waterproof material. Structures located in a designated floodway shall be constructed and placed on a building site so as not to block the flow of flood waters and shall also meet the Appropriate Use criteria of Section 8-7.0. In addition, all other requirements of Section 8-6, 8-7 and 8-8 must be met. (c)The structure shall be anchored to prevent flotation. (d) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to the flood protection elevation;and (e)The building shall be valued at less than$10,000 and be less than 500 square feet in floor size;and (f) The building shall be used only for the storage of vehicles or tools and may not ccntain other rooms, workshops, greenhouses or similar uses and cannot be modified later into another use;and (g)The building shall meet the permanent opening criteria of Section 8-9.7(a); (h) All flammable or toxic materials (gasoline, paint, insecticides, fertilizers, etc.) shall be stored above the flood protection elevation;and (i)The lowest floor elevation should be documented and the owner advised of the flood insurance implications. Sec. 8-9.9 Existing buildings located within a designated floodway shall also meet the more restrictive Appropriate Use standards included in Section 8-7.4.Non-conforming structures located in a designated floodway may remain in use and may only be enlarged,replaced or structurally altered in accordance with Section 8-7.5. A non-conforming structure damaged by flood, fire, wind or other natural or man-made disaster may be restored unless the damage exceeds fifty percent (50%) of its market value before it was damaged, in which case it shall conform to this ordinance. Sec.8-10.0 Other development requirements. The City Council shall take into account flood hazards, to the extent that they are known in all official actions related to land management,use and development. Sec. 8-10.1 New subdivisions, manufactured home parks, annexation agreements, and Integrated Development Districts (IDDs) within the SFHA shall be reviewed to assure that the proposed developments are consistent with Sections 8-6.0, 8-7.0, 8-8.0 and 8-9.0 of this ordinance and the need to minimize flood damage. Plats or plans for new subdivisions, manufactured home parks and IDD's shall include a signed statement by a Registered Professional Engineer that the plat or plans account for changes in the drainage of surface waters in accordance with the Plat Act(765 ILCS 205/2). 240 10/06 Sec.8-10.2 Proposals for new subdivisions, manufactured home parks, travel trailer parks, IDD's and additions to manufactured home parks and additions to subdivisions shall include base flood or 100-year frequency flood elevation data and floodway delineations. (a) Where this information is not available from an existing adopted study, the applicant's engineer shall be responsible for calculating the base flood or 100-year frequency flood elevation per Section 8-5.4 and the floodway delineation per the definition in Section 8-2.41. Sec.8-10.3 Streets,blocks, lots,parks and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams and channels. Wherever possible,the flood plains shall be included within parks or other public grounds. Sec. 8-10.4 The City Council shall not approve any IDD or plat of subdivision located outside the corporate limits unless such agreement or plat is in accordance with he provisions of this ordinance. Sec. 8-11.0 All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages. Sec.8-11.1 Variances. No variances shall be granted to any development located within a designated floodway as defined in Section 8.2.12a. (a)Whenever the standards of this ordinance place undue hardship on a specific development proposal,the applicant may apply to the City Council for a variance. (b)The City Council shall review the applicant's request for a variance and shall submit its recommendation to the City Council. The City may attach such conditions to granting a variance as it deems necessary to further the flood protection intent of this ordinance. Sec. 8-11.2 No variance shall be granted unless the applicant demonstrates that all of the following conditions are met: (a)The development activity cannot be located outside the SFHA; and (b)An exceptional hardship would result if the variance were not granted; and (c)The relief requested is the minimum necessary,and (d)There will be no additional threat to public health,safety, beneficial stream uses and functions,especially aquatic habitat,or creation of a nuisance;and 241 10i06 (e) There will be no additional public expense for flood protection, lost environmental stream uses and functions, rescue or relief operations,policing,or repairs to streambeds and banks,roads,utilities,or other public facilities;and (f)The provisions of Sections 8-6 and 8-8 of this ordinance shall still be met; (g)The activity is not in a designated floodway, and (h)The applicant's circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP; and (i) The granting of the variance will not alter the essential character of the area involved including existing stream uses; and 0)All other required state and federal permits or waivers have been obtained. Sec. 8-11.3 The Building Officer shall notify an applicant in writing that a variance from the requirements of Section 8-9.0 that would lessen the degree of protection to a building will: (a) Result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage;and (b)Increase the risks to life and property;and (c) Require that the applicant proceed with knowledge of these risks and that the applicant will acknowledge in writing that he assumes the risk and liability. Sec. 8-11.4 Variances requested in connection with restoration of an historic site or historic structure as defined in Subsection 8-2-27.1, Historic Structures, may be granted using criteria more permissive than the requirements of Section 8-11.1 and 8-11.2, subject to the conditions that: (a) The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure;and, (b)The repair or rehabilitation will not result in the structure being removed as a certified historic structure. Sec.8-12.0 Disclaimer of liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes. 242 10/06 This ordinance does not imply that development, either inside or outside of the SFHA,will be free from flooding or damage. This ordinance does not create liability on the part of the City, or any officer or employee thereof for any flood damage that results from reliance on this ordinance or any administrative decision made lawfully thereunder. Sec.8-13.0. Penalty. If such owner fails after ten days notice to correct the violation: (a) The City may make application to the Circuit Court of McHenry County, Illinois for an injunction requiring conformance with this ordinance or make such other order as the Court deems necessary to secure compliance with the ordinance. (b) Any person who violates this Ordinance shall, upon conviction thereof, be fined not less than Fifty Dollars ($50.00)or more than One-Thousand Dollars($1,000.00)for each offense. (c)A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (d)The City shall record a notice of violation on the title to the property. Sec. 8-13.1 The Building Officer shall inform the owner that any such violation is considered a willful act to increase flood damages and,therefore,may cause coverage by a Standard Flood Insurance Policy to be suspended. (a)The Building Officer is authorized to issue an order requiring suspension of the subject development. The stop- work order shall be in writing, shall indicate the reason for the issuance, and shall order the action,if necessary, to resolve the circumstances requiring the stop-work order.The stop-work order constitutes a suspension of the permit. (b) No site development permit shall be permanently suspended to revoked until a hearing is held by the City Council. Written notice of such hearing shall be served on the permittee and shall state: (i)the grounds for complaint or reasons for suspension or revocation;and (ii)the time and place of hearing. (c)At such hearing,the permittee shall be given an opportunity to present evidence on his/her behalf. (d) At the conclusion of the hearing, the City Council shall determine whether the permit shall be suspended or revoked. 243 10/06 Sec. 8-13.3 Nothing herein shall prevent the City from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. Sec.8-14.0 Abrogation and greater restrictions. This ordinance is not intended to repeal, abrogate or impair any existing easements, covenants,or deed restrictions. Where this ordinance and other ordinance, easem-ents, covenants,or deed restrictions conflict or overlap,whichever imposes the more stringent restrictions shall prevail. This Ordinance is intended to repeal the original ordinance or resolution which was adopted to meet the National Flood Insurance Program regulations, but is not intended to repeal the resolution which the City passed in order to establish initial eligibility for the program. See.8-15.0 Separability. The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. (The next page is 250) SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. Section 3: All ordinances or parts thereof in conflict are hereby repealed to the extend of such conflict. Section 4: This ordinance shall be in full force and effect upon its passage, approval and publication in painphlet form as provided by law. Voting Aye: Voting Nay: Not Voting: Abstaining: Absent: Passed and Approved this day of October, 2006. APPROVED: --------------------------------------------- Mayor ATTEST:------------------------------------------------------- City Clerk OFFICE OF THE CITY ADMINISTRATOR 333 SOUTH GREEN STREET MCHENRY, ILLINOIS 60050 dmaxeiner@ci.mchenry.il.us 815.363.2108 815.363.2119 - Fax DATE: November 6, 2006 PAGES: 6 TO: Jeannine Smith, Village of Prairie Grove FAX #: 815.455.0783 FROM: Douglas P. Maxeiner RE: Intergovernmental Agreement MESSAGE: For your information, following is a copy of the City Council agenda supplement for the Intergovernmental Agreement between McHenry and Prairie Grove that will be considered by the Council at tonight's meeting. Please call me if you have any questions, thank you. If a problem results during transmission of this document, please call 815.363.2108 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas K.Maxeiner, City Administrator FOR: November 6,2006 City Council Meeting RE: Intergovernmental Agreement with the Village of Prairie Grove to Allow the Village to Purchase Snow and Ice Control Salt at Cost from the City of McHenry Background. Recently,the Village Administrator from Prairie Grove inquired about the feasibility of the village procuring salt for snow and ice control from the city. In prior years, the village entered into a similar arrangement with Nunda Township allowing the village to obtain and store salt through the township from the state contract. Discussions on continuing this arrangement through the township resulted in the village having to look elsewhere for their salt needs for the current year. Analysis. The attached intergovernmental agreement will address the 2006/07 snow season only. There are no provisions for renewal addressed in the agreement. The quantity needed by Prairie Grove is estimated at 400 tons for the year and the agreement would allow the village to purchase the salt for the city's cost. The salt will be stored at the city's Miller Road facility until such time as it is needed by the village. The use of city equipment to load village trucks will be restricted to city staff but the actual logistics of the operation to the discretion of the Street Superintendent. Should the city wish to terminate the agreement prior to expiration,there is a 30 day notification required. Recommendation. In order to continue a history of intergovernmental cooperation with our governmental neighbors, staff is supportive of the request from the village of Prairie Grove. I VILLAGE HALL 3125 Barreville Road Prairie Grove,VII,LAGE OF PRAIRIE GROVE 815)4 5-141 0f e2 (815)455-0783 Fax October 25,2006 r n- ..c� Mayor Susan E. Lowy+ 3 1 McHenry City Hall 333 Green Street McHenry, Illinois 60050 Honorable Mayor Low, On behalf of the Village, I would like to extend my sincerest gratitude to the City Council and members of staff for assisting Prairie Grove with purchasing road deicing salt. Our Village Administrator commented that City Manager Maxeiner was very accommodating to the Village when approached for emergency assistance. To that end,please find enclosed two original copies of an Intergovernmental Agreement for salt procurement drawn up by the Village for your signature. Please be assured that this aid does not go without notice. If the Village can ever be of assistance to the City of McHenry,please do not hesitate to contact us. Sincerely, Michael E. Breseman Village President Cc: McHenry City Manager MEB:jms Intergovernmental Agreement between the City of McHenry and the Village of Prairie Grove for the Purchase of Road Deicing Salt THIS AGREEMENT made and entered into this 24th day of October 2006, by and between the City of McHenry ("City"), an Illinois municipal corporation, and the Village of Prairie Grove ("Village") an Illinois home rule municipal corporation. WHEREAS,the Village desires to purchase deicing salt(sodium chloride)for snow and ice control ("Salt"); and WHEREAS,the City has purchased Salt for the 2006-07 winter season at the State of Illinois bid price of$38.74 per ton; and WHEREAS, the City is willing to sell the Village Salt at its purchase price of$38.74 per ton, in which the Village would pickup the Salt at the City's Public Works facility and the City's staff would load the Village trucks with Salt; and WHEREAS, it is anticipated that the Village will need approximately 400 tons of Salt for the 2006-07 winter season; and WHEREAS, the Village and City and Village are authorized by the terms and provisions of 5 ILCS 220/1 et seq., to enter into intergovernmental agreements, ventures and undertakings to perform jointly any governmental purpose or undertaking either of them could do singularly. NOW THEREFORE, in consideration of the mutual promises and undertakings in this Agreement and other good and valuable consideration, the receipt and efficiency of which are acknowledged, the parties agree as follows: 1. Purchase of Salt. City shall make available to the Village a supply of Salt during the 2006-07 winter season for snow and ice control whereby the City staff will load Village trucks at the City's Public Works Facility. 2. Payment. Village shall pay to the City the sum of $38.74 per ton for the purchase of Salt. It is anticipated the Village will purchase approximately 400 tons of Salt. 3. Indemnification.The City agrees to(i)defend itself in any actions or disputes brought against the City in connection with or as the result of this Agreement, and (ii)at its Deicing Salt Intergovernmental Agreement, Page 1 sole expense, to pay, and to indemnify and save the Village, its officers, agents and employees harmless from any and all liability, loss, damage, claims, demands, costs and expenses, including attomeys'fees, arising out of this Agreement to the proportional extent that such actions or disputes are caused by the intentional or negligent acts or omissions of the City, its.officers, agents and employees. The Village agrees to(i)defend itself in any actions or disputes brought against the Village in connection with or as the result of this Agreement, and (ii)at its sole expense,to pay, and to indemnify and save the City, its officers, agents and employees harmless from any and all liability, loss, damage, claims, demands, costs and expenses, including attorneys'fees,arising out of this Agreement to the proportional extent that such actions or disputes are caused by the intentional or negligent acts or omissions of the Village, its officers, agents and employees. 4. Term. The term of this Agreement shall be through April 30, 2007. 5. Termination. Either party may, with or without cause, terminate this Agreement upon not less than 30 days written notice delivered by certified mail or in person to the other parties. 6. No Assignment. City shall not assign this Agreement without the prior written approval of Village. 7. Governing Law.The parties agree that this Agreement shall be governed by the laws of the State of Illinois. 8. Severability. The provisions of this Agreement are severable; if any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. However, upon the occurrence of such event, either party may terminate this Agreement forthwith, upon the delivery of written notice of termination of the other party. Deicing Salt Intergovernmental Agreement, Page 2 9. Notices.All notices permitted regarding this Agreement shall be transmitted only by personal delivery or by first class, certified or registered United States mail to the following persons at the addresses stated: To the Village: Village Administrator Prairie Grove Village Hall 3125 Barreville Road Prairie Grove, Illinois 60012 To the City: Administrator McHenry City Hall 333 Green Street McHenry, Illinois 60050 It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements in negotiations between the parties relating to the subject matter hereof. In the altetations, amendments, deletions or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year first above written. VILLAGEOF P IRIE GROVE 2 By: Attest: Zjl,/rrb }�Gn President Michael E. Breseman Clerk K6hberly D. Minor CITY OF McHENRY By: Attest: Mayor Susan E. Low Clerk Janice C.Jones Deicing Salt Intergovernmental Agreement, Page 3 r t i AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Joseph P.Napolitano,Community Development Director FOR: November 6, 2006,Regular City Council Meeting RE: Variance of Front Yard Setback to allow a Building Addition, Variance to reduce the required number of on-site parking spaces for a restaurant and insurance agency; Conditional Use Permit for a restaurant serving alcoholic beverages; and Variance from Building Code to Allow Vinyl Siding at 921 Front Street. Applicant: Tim Papas,by Attorney Steve Cuda ATTACHMENTS: 1. CDD Report to the Planning and Zoning Commission 2. Planning and Zoning Commission Minutes dated 7/6/06 and 8/3/06 3. Application Packet 4. Parking Exhibit 5. Letter of Objection from Bernard Matchen 6. Ordinance granting a Variance to reduce the number of required on-site parking spaces. 7. Ordinance granting a Setback Variance to allow a building addition and a Conditional Use Permit to serve alcoholic beverages in conjunction with a restaurant. STAFF RECOMMENDATIONS: I. To approve the attached Ordinance granting a Variance to reduce the number of required on-site parking spaces (2/3 vote or 5 yes votes are necessary to approve because of a negative recommendation from the Planning and Zoning Commission). 2. To accept the recommendation of the Planning and Zoning Commission and approve the attached Ordinance granting a setback variance to accommodate a building addition and a Conditional Use Permit to serve alcoholic beverages in conjunction with a restaurant. 3. To deny the request for a variance from the Building Code to allow Vinyl Siding. Description of Request The applicant is proposing improvements to the property at 921 N. Front Street in order to open a Mexican Restaurant. To meet zoning requirements,he is requesting a variance to allow the construction of a small addition onto the southwest corner of the existing structure, a reduction in the number of required parking spaces and a conditional use permit to allow the sale of alcoholic beverages in conjunction with a restaurant. This site was previously occupied by McHenry County Glass, which utilized three buildings. The existing glass- front building on the south part of the site is currently used as an insurance agency. The applicant has razed the center building and is planning to remodel the existing building on the north part of the site to accommodate the restaurant. Staff Analysis Setback Variance The proposed one-story addition would be located at the southwest side of the existing building on the north part of the site. Staff has no concerns granting the requested setback variance for the addition. The addition would provide needed kitchen,cooler and storage space for the restaurant. Parking Variance Based on Zoning Ordinance requirements, 83 parking stalls are required(66 for the restaurant, 15 for the office and 2 for the residence). Twenty-six (26) stalls would be provided. Staff has worked closely with the applicant on the layout of parking for this site. Although the number of spaces is well short of the requirement, Staff believes the proposed layout provides the maximum number of spaces possible given the constraints of the site,while providing adequate maneuvering space. The Planning and Zoning Commission disagreed and did not recommend approval of this variance. There are several factors to discuss when considering the requested parking variance. • The site is located close to Main Street, which is zoned C-4 Downtown Commercial. Uses in the C-4 district are not required to provide any on-site parking so existing restaurants like Plum Garden and Touch of Italy rely on on-street parking and municipal lots to meet their needs. Because the proposed restaurant is within walking distance of Main Street, Staff believes that if parking is not available in the restaurant lot, customers will be able to utilize the 94 available public parking spaces in the area(see Parking Exhibit). • Redevelopment of any existing property presents challenges and obstacles. The City must weigh the costs of allowing the requested zoning relief with the benefits that the redevelopment will bring. The site has been vacant for nearly two years and is not in the best of condition. The applicant has already removed a dilapidated structure from the site and plans on making exterior improvements to the existing building and landscaping improvements to the site. This area needs improvement and the applicant is willing to do so. The City loses nothing if the restaurant fails because the building is currently vacant. • Opening a restaurant is a business decision requiring careful consideration. The restaurant operator is aware of the proposed parking conditions on the site and must be confident that parking will be sufficient or he would not be moving forward with the project. Conditional Use Permit to allow Alcoholic Beverages in Conjunction with a Restaurant Staff has no concerns with allowing the requested conditional use permit. It is not uncommon for restaurants to serve alcoholic beverages and Staff does not see a problem with allowing this restaurant to enjoy the same privilege as other similar restaurants. Municipal Code Variance,Vinyl Siding. The applicant is requesting a variance to allow vinyl siding on the restaurant building instead of metal (aluminum). Section 7-13 of the Municipal Code states that any commercial building or structure shall be constructed of brick, cement or metal,or shall have a minimum of two-hour fire-rated walls. Vinyl siding does not meet this requirement. The remodeling plans submitted for this building indicated that aluminum siding would be used and a building permit was issued based on that submittal. However, the contractor elected to install vinyl siding instead of the aluminum siding indicated on the approved plans. To remove the siding and replace it with aluminum siding would place a financial burden on the applicant. However, Staff is of the opinion that the siding should meet the two-hour fire-rated standard. Planning and Zoning Commission The Planning and Zoning Commission made the following motions: 1) Denial(5-2)of a variance to allow a reduction in the parking stalls from 83 required to the 26 stalls. 2) Approval (5-2) of a variance of corner side yard setback from 30' to 10' to allow the construction of an addition onto the existing building. 3) Approval (4-3) of a conditional use permit to allow the sale of alcohol in conjunction with a restaurant, subject to the condition that the conditional use permit shall expire and become null and void if the restaurant (Taqueria Toluca) closes (defined by not being operational i.e., serving customers) for a period of three(3)continuous months. Because the parking variance received a negative recommendation from the Planning and Zoning Commission,a 2/3 vote(5 yes votes)is necessary for approval. 2 Community Development Department Report File # Z-676 August 3, 2006 Continued Public Hearing Applicant James Pappas 1632 Sheridan Road North Chicago, U,60064 Requested Actions • Variance for building setbacks to allow the continued use of an existing building. • Variance to reduce the number of required parking stalls. • Conditional Use Permit to serve alcohol in conjunction with a restaurant. Site Information Location and Size of Property The subject property is approximately 21,780 square feet including approximately 2,178 square feet of the City's right-of-way and is located at 921 North Front Street. Comprehensive Plan Designation Commercial Existing Zoning and Land Use The subject property is currently zoned C-5. There are currently two buildings on the site: a glass, office/ warehouse building on the south side, and a commercial building with second floor residence. Adjacent Zoning and Land Use North: C-4, Downtown Commercial South: C-5, Highway Commercial, automobile repair East: C-5, Highway Commercial, automobile repair,parts supply West: C-5, Highway Commercial, Alexander Lumber Description of Request The applicant is requesting Variances for building setbacks to allow the continued use of an existing building, and to reduce the number of required parking spaces. If approved, he would like to open a Mexican Restaurant on the property. The applicant is also requesting a Conditional Use Permit to allow the sale of alcohol in conjunction with a restaurant. This site was previously occupied by McHenry County Glass, which utilized each of the buildings on the site. The applicant plans to remodel the existing building on the north part of the site to accommodate the restaurant. Existing paved areas would be re-striped to accommodate parking. Staff Analysis Variance for BuildingSetbacks The existing buildings on the property do not meet the current C-5 setbacks for Front Yard and Corner Side Yard (30'), Side Yard (10') and Rear Yard (15'). Further, a portion of the northernmost building encroaches into the John Street right-of-way. These buildings have existed in this condition for many years. Not approving the requested variance would mean that the buildings would need to be tom down to redevelop the site. In fact, the site previously contained three buildings one of which the applicant has already tom down. To remove the rest at this time would be impractical. Staff would recommend approval of setback variances for the property because of the special circumstances which are unique to this site. To address the building encroachment issue, Staff has proposed that the applicant enter into a license agreement with the City. A license agreement will spell out the terms for continued use of the building and can be approved by the City Council. File#Z-676 Page 1 of 6 Community Development Department Report File# 2-676 August 3. 2006 Continued Public Hearing Variance for Number of Parking-Stalls Based on the parking requirements for a restaurant, 83 parking stalls are required (66 for the restaurant building, 15 for the office building and 2 for the residence). Twenty-six (26) stalls would be provided. Staff has worked with the applicant on the layout of parking for this site. Although the number of spaces is well short of the required number, the proposed layout provides the maximum number of spaces possible, given the constraints of the site, while providing adequate maneuvering space. City Staff evaluated this request according to the requirements of Table 32 of the Zoning Ordinance. 1. Special Circumstances Not Found Elsewhere. The property is a small site only 21,780 square feet and contained three buildings. The applicant has already razed one building to create usable space. Short of requiring the applicant to raze all the buildings and construct a conforming building on this property, the parking variance is necessary to allow the applicant to use the site. Also, the site is near existing Municipal Parking Lots on Main Street. Restaurant patrons will have the ability to utilize those spaces. 2. Circumstances Relate to Property Only. Construction on this site was done decades ago under different code requirements. This property had three buildings, which would not be possible today due to current zoning requirements. Unless the applicant removed all existing buildings on site, there is insufficient space for parking. 3. Not Resulting from Applicant Action. The existing site conditions are not a result of this applicant's actions. 4. Unnecessary Hardship. It would be considered an unnecessary hardship if the applicant were required to raze and reconstruct the entire site to meet today's codes. 5. Preserves Rights Conferred by District. A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. Necessary for Use of Property. The granting 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. 7. Not Alter Local Character. The granting of the variance will not alter the local character nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. There are other restaurants in the vicinity of the site (Plum Garden, Touch of Italy)and these sites have no on-site parking. 8. Consistent With Ordinance and Plan. The granting of a variance will be in harmony with the general purpose and intent of this Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. Minimum Variance Recommended. The variance recommended by the Planning and Zoning Board and approved by the City Council is the minimum required to provide the applicant with reasonable use and enjoyment of his property. Staff recommends approval of the Variance to reduce the parking from the required 83 stalls (66 stalls for the restaurant building, 15 stalls for the office building and 2 stalls for the residence) to the 26 stalls provided. File #Z-676 Page 2 of 6 Community Development Department Report File # Z-676 August 3,2006 Continued Public Hearing Conditional Use Permit In order to serve alcoholic beverages at the proposed restaurant, a conditional use permit is necessary. City Staff has evaluated this use based on the requirements of Table 31. 1. Traffic. The proposed restaurant use will generate traffic similar to other restaurant uses of the same size in the C-5 district. Due to the site being small, it may cause traffic back-ups onto Route 31. The Conditional Use Permit is for the ability to serve alcohol in conjunction with this restaurant use. The ability to serve alcohol alone should not create any adverse traffic conditions. 2. Environmental Nuisance. The proposed sale of alcohol will not create any adverse environmental effects of a type or degree not characteristic of Permitted Uses in the zoning district. 3. Neighborhood Character. The character of the neighborhood is mixed industrial, service and retail. Adjacent properties are small retail businesses which do not demand a high amount of parking or customer services. A restaurant serving alcoholic beverages will bring customers to the area and may help to spur further redevelopment. 4. Public Services and Facilities. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of Permitted Uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 5. Public Safety and Health. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use or of the general public in the vicinity. 6. Other Factors. There are no other factors with respect to the proposed conditional use. Staff supports the requested Conditional Use Permit to allow the sale of alcohol in conjunction with a restaurant use. Staff Recommendation Prior to Public Hearing Building Setback Variance. Approval of a Variance to allow a reduction in the required setbacks as indicated below, subject to the applicant/owner entering into a License Agreement with the City of McHenry to address the continued use of the building with the John Street right-of-way. Staff finds that the requirements of Table 32 of the Zoning Code have been met. Restaurant Building: Setback Type Required Setback Requested Setback Front yard 30-feet 11-feet 6-inches Comer Side yard 30-feet Negative 60-feet Rear Yard 15-feet 15-feet Office Building: Setback type Required setback Requested setback Front yard 30-feet 19-feet Interior Side yard 10-feet 4-feet Rear yard 15-feet 2-feet-1 1-inches File#Z-676 Page 3 of 6 Community Development Department Report File# Z-676 August 3,2006 Continued Public Hearing Parking Variance. Approval of a Variance to allow a reduction in the parking stalls from 83 required to the 26 stalls provided, subject to the following conditions: 1) The restaurant(Taqueria Toluca)shall be limited to seating for 86 customers; 2) The applicant shall contact the Illinois Department of Transportation to discuss future improvements to Route 31 and possible additional right-of-way needed. Copies of all correspondence and IDOT rulings/recommendations shall be provided to the City prior to City Council consideration. 3) The variance shall expire and become null and void if the restaurant (Taqueria Toluca) closes (defined as not being operational i.e., serving customers) for a period of three (3) continuous months. Staff finds that the requirements of Table 32 of the Zoning Code have been met. Conditional Use Permit. Approval of a Conditional Use Permit to allow the sale of alcohol in conjunction with a restaurant, subject to the condition that the Conditional Use Permit shall expire and become null and void if the restaurant (Taqueria Toluca) closes (defined by not being operational i.e., serving customers) for a period of three (3) continuous months. Staff finds that the requirements in Table 31 of the Zoning Code have been met. Attachments • Location Map • Application Packet • Narrative • Public Notice • Site Plan(5 sheets) • Objection letter and photos File#Z-676 Page 4 of 6 Community Development Department Report File# Z-676 August 3, 2006 Continued Public Hearing ,)o.1 q 0 r4 to -------------- alp -Bog Liq-, lo, t 7- �D —4, icy x ,o I lie VVE T 4., 5,5 0 t 0 it Pt Al I PU 0-Z&Inka BE Is' A Subject Site ------ _Ar I t7l., v o m JWC YPA F,� LOCATION MAP File#Z-676 Page 5 of 6 Community Development Department Report File # Z-676 r August 3, 2006 Continued Public Hearing STAFF UPDATE At the July 6, 2006 Planning and Zoning Commission Hearing the applicant was instructed to re-examine the site to look for additional alternatives for the parking. The applicant has done that and staff has evaluated the options. OPTION 1 The applicant proposes removing half of the existing glass building on site and installing a drive aisle and parking stalls behind this building. Staff finds that this is not the most favorable option due to the following factors: • The applicant will be required to spend a significant amount of money on demolition of that portion of the building. • Placing parking behind a building in the comer of a site is not the best planning practice as it will be a safety concern. This area will not be visible by passerby and police vehicles traveling on Route 31. • The large proposed landscape island will need to be eliminated. • Creates dead-end parking which will make navigating this site more difficult, especially if it is busy. • The applicant only gains 5 parking spots. OPTION 2 The applicant has contacted the owner of the McHenry Roller Rink and is able to lease some parking lot from him. Staff finds that this is not a favorable option due to the following factor: • Staff would not promote having customers cross Route 31 to access this site. It would be extremely dangerous and ill-advised. Staff finds that the proposed parking on-site and the adjacent public parking around the site will be sufficient to accommodate future customers. Staff would recommend approval of the originally proposed site plan. File#Z-676 Page 6 of 6 Planning and Zoning Commission July 6, 2006 Page 5 ng must be constructed of non-combustible materials and the structure must be constructed one- tory building for safety of the occupants. A mey Saladin noted there is a need for a memory care facility in the comm y. Licensing for is unit would be covered by the Illinois Department of Public Health. Motion Cadotte, seconded by Buhrman, to recommend to City Coun ' with regard to File No. Z-68 to grant the request for a conditional use permit to allow nursing home on the premises to ted at 3300 Charles Miller Road, upon amendment of th usch-Knox Annexation Agreement; d that Table 31,the Approval Criteria for Conditiona se Permits, pages 357-358 of the Zoning rdinance,has been met. Voting Aye: B man, Cadotte, Ekstrom,Howell,Nadeau chepler. Voting Nay: No Not Voting: Non Abstaining: None Absent: Thacke Motion carried 6-0. Comments by Commission Chairman Howell stated A eles East ' a well run facility and the proposed addition will provide needed services for th comm ty. Motion by Cadotte, seconded b adeau, to recommend to City Council with regard to File No. Z-680, to grant the request r ante to allow multiple buildings on a zoning lot upon amendment of the Busch- ox Ann ation Agreement; and that Table 32,the Approval Criteria for Variances, pages 3 - 78 of the Z ' g Ordinance,has been met. Voting Aye: B an, Cadotte,Ekstro Howell,Nadeau, Schepler. Voting Nay: one. Not Votin None Abstaini : None Abse Thacker. Mo ' n carried 6-0. Public Hearing—Jim Pappas File No -Z-676 921 North Front Street Chairman Howell opened the Public Hearing at 8:15 p.m. for File No. Z-676, an application for the following as submitted by Applicant James Pappas for the property located at 921 North Front Street: 1. Variance for building setback to allow the continued use of existing buildings; 2. Variance to reduce the number of required parking spaces; 3. Conditional Use Permit to allow the service of alcohol in conjunction with a restaurant. Planning and Zoning Commission July 6, 2006 Page 6 In attendance were Applicant James Pappas, architect Mike Coan, and Attorney Steven Cuda. Chairman Howell swore in Mr. Pappas and Mr. Coan. Also in attendance were the following persons who wished to address the Commission regarding this matter: 1. Bernie Matchen, owner and proprietor of 3910 West John Street, McHenry IL 60050. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on June 17, 2006, A Certificate of Publication is on file in the City Clerk's Office. Certified notice was sent to all abutting property owners of record. An affidavit of service as required by the Zoning Ordinance is on file in the City Clerk's Office. Attorney Cuda stated the applicant has been working on ways to resolve problems with the subject property since January. The applicant purchased the property one year ago from McHenry County Glass. Mr. Cuda distributed copies of correspondence with attachments which was submitted to the City on June 6, 2006. He pointed out on the attachments there were originally three buildings on the premises. The applicant demolished one of the buildings. Attorney Cuda noted this is a problematic site. Staff has reviewed the proposed uses and has determined 80-85 spaces should be required. The applicant has provided 26 spaces on the site plan. Attorney Cuda noted the applicant has met with the City Administrator and Mayor Low. The applicant initially sought C4 Commercial Zoning for the site which has no parking requirements. However, Staff was not comfortable in recommending a zoning change for the property. Staff suggested the applicant maintain the C5 zoning but seek variances as to setbacks and parking requirements. Attorney Cuda opined the setback variance for the existing buildings is reasonable, as the buildings have been in existence for 50-60 years. The parking shortage is an issued which must be considered. Architect Coan stated the subject property is a very complex site. The applicant proposes a building expansion on the northern building to accommodate a kitchen area for the proposed restaurant use on the first floor of this building. The second floor houses a three-bedroom apartment, to be maintained as is. The southern building is currently being used for Mr. Pappas insurance agency office, as well as warehousing Mr. Pappas various belongings. Architect Coan noted the primary entrance for the Mexican restaurant would be at the rear (west side) of the building, although there will be an entrance on the front(east side) as well. Attorney Cuda stated the applicant is also seeking a conditional use permit to allow the service of alcoholic beverages in conjunction with the restaurant. There will be no bar. Attorney Cuda noted there have been preliminary discussions with the City regarding the creation of a licensing agreement to protect both parties regarding the existing encroachment of the northernmost building in the public right-of-way (John Street). Planner Zeller provided the commissioners with a Staff Report regarding this project. She noted this is an existing tricky site. The applicant has chosen to demolish one of the three buildings on the premises. She opined the only way the applicant could come close to meeting the parking requirements for this site would be to tear down all of the buildings and totally redevelop the site. Planning and Zoning Commission July 6, 2006 Page 7 Staff does not feel this is fair to the applicant. Planner Zeller acknowledged the City wants to improve the site. It is hoped the 26 available parking spaces will be adequate. Staff supports the applicant's requests. Mr. Pappas addressed the commissioners noting he is in the insurance and development businesses. He stated he purchased the property in order to place an Hispanic insurance agency in town. The Hispanic population continues to grow and he wanted to provide this service for them. Mr. Pappas stated he hopes to lease the northern building to a Mexican restaurant owner. He stated he intends to maintain the apartment above the restaurant, noting five or six restaurant employees, or perhaps even more, could conceivably live in the apartment. He noted he does not want to pave the parking area until after the kitchen area addition has been completed. Mr. Pappas reiterated he is utilizing the office building largely for his personal storage. Suggestion was made that the Applicant remove/demolish a portion of the office building to create a larger area for parking on the premises. Mr. Pappas noted he would lose his storage capacity in the building. Additionally, due to the type of structure of the building, it might not be possible to remove a portion of it. Some discussion followed regarding possibilities in the area for overflow parking. Mr. Pappas stated his willingness to purchase the property which abuts his property to the south, however, the property owner is unwilling to sell her property. Attorney Cuda suggested the municipal parking lots on Main Street could be used for overflow parking. Responding to an inquiry, Mr. Pappas stated the restaurant would likely employ 10-12 persons. His insurance office employs two persons. He noted he would not allow employee parking on the premises. Discussion continued regarding parking shortage and possible ways to provide for overflow or additional parking. Chairman Howell invited Public Comment from the audience. The following were sworn in by Chairman Howell: Bernie Matchen: Mr. Matchen noted there is an easement which cuts across his property. The easement provides access from the Municipal Parking Lot on Main Street to the John Street right-of-way. Mr. Matchen stated he has dealt with the City's Police Department, the Mayor's Office, the Fire District, and has been unsuccessful in keeping the easement and the John Street right-of-way clear. He opined if the applicant is shy 50 parking spaces, his business located at 3910 John Street will suffer because of it. He stated propane tankers, lumber delivery trucks, and other vehicles continually utilize John Street for parking purposes, and in doing so, prevent traffic from moving on the roadway. He stated his business has been located at this site for 35 years and the only day in which parking is available in the Main Street Municipal Lots is Mondays, when Plum Garden is closed. John Street is congested all day every day. Mr. Matchen stated it would be an asset to the neighborhood to have a Mexican restaurant in this location, but there is not enough parking to accommodate the use. Mr. Matchen provided the Commission with photos of John Street indicating its daily congestion. There were no further comments from the public regarding thus matter. Further questions and/or comments were sought from the Commission. Planning and Zoning Commission July 6, 2006 Page 8 Suggestion was made that the applicant downsize the restaurant so that less parking would be needed. Attorney Cuda noted that parking is the issue. Staff would like to see this property redeveloped, but parking is the problem. He noted if C4 zoning were granted, there would be no parking considerations. C4 District does not having parking requirements as it recognizes the difficulty in securing adequate parking in the downtown commercial district. Attorney Cuda stated if this site is to be improved, the City will need to grant variances from the parking requirements. Suggestion was made to reduce the size of the insurance office building and to utilize the area for parking. Mr. Pappas stated he has warehoused a lot of his personal possessions in the building and he would not have anywhere to store his belongings if a portion of this building were taken down. Lengthy discussion continued. It was noted if the entire office building was removed from the site,the applicant would likely gain only 10-12 parking spaces. Attomey Cuda suggested Mr. Coan inspect the office building to determine if it is possible to remove a portion of it, and, how many parking spaces would be gained by the removal. Chairman Howell called for a recess at 9:08 p.m. The Public Hearing was reconvened at 9:13 p.m. with all commissioners still in attendance. Attorney Cuda suggested the Commission recess this Public Hearing until Thursday, August 3, 2006 at 7:30 p.m. so the applicant can review the site for ways to increase available on-site parking and/or to determine if arrangements can be made for off-site parking in the area. Motion by Cadotte, seconded by Nadeau, to recess the Public Hearing regarding File No. Z-676, an application for the following as submitted by Applicant James Pappas for the property located at 921 North Front Street: 1. Variance for building setback to allow the continued use of an existing building; 2. Variance to reduce the number of required parking spaces; 3. Conditional Use Permit to allow the service of alcohol in conjunction with a restaurant; until Thursday, August 3,2006 at 7:30 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom,Howell,Nadeau, Schepler. Voting Nay: None. Not Voting: None Abstaining: None Absent: Thacker. Motion carried 6-0. Comments by Commissioners: Nadeau believes this project would be good for this site and improve this area of town once the parking issue has been resolved. Ekstrom stated it is a good thing to upgrade the buildings, however, she is hesitant to grant parking variances in light of the recent fiasco at TacoBell/Long John Silver's following parking variances being granted on that site. Planning and Zoning Commission July 6, 2006 Page 9 Mr. Pappas stated he will consider removing 50' of the office building in order to provide for increased parking on the site. Chairman Howell recessed the Public Hearing at 9:17 p.m. Public Hearing- City of McHenry 681 Text Amendmen C an Howell at 9:18 p.m. convened a Public Hearing regarding File No. - text ndment to the Zoning Ordinance to provide for Wireless Communication Fa ty requirem s, as submitted by the City of McHenry. Chainnan Ho 1 stated notice of the Public Hearing was published in the Northwes erald on June 17, 2006. Planner Zeller provi d the Commission with background information on a proposed text amendment. She stat the City has from time to time been app hed by wireless communication provider to attached facilities to existing structures town. Additionally, providers have sought pe 'ssion to construct new facilities w' in the community. No guidelines or requirements ha previously been incorporated into t Zoning Ordinance. The Council's Community Devel ent Committee has revie d suggested requirements to be implemented for both permitted us ireless communicatio acilities (WCF) (to be located on existing structures) and conditional u wireless comm tion facilities (to be located on new WCF structures). The Committee reco end to the C' Council that the requirements included in this evening's packet be approved. C cil dire d the Planning and Zoning Commission hold a Public Hearing to hear all test* re ding the proposed Zoning Ordinance text amendment. Planner Zeller stated Staff su s the proposed text amendments and seeks Commission input and recommendation to Co Brief discussion occurred regarding a possibi of the City becoming a wireless communication community. Planner , er noted the Ci IT Specialist is working on this issue. She stated the cost of providing thi rvice would be de p ent on the contract/agreement made with the provider. Suggestion w ade that the cost of pro 'ng such service could be tacked on to water/sewer billing. It was noted the commis ' ners would not be in favor of wireless co unication facilities being attached to such struc es as church steeples, unless they were made blend in aesthetically. Attorney Cahill su sted language could be added to proposed aesthe requirements stating as the F blends into existing structures". Planner Zeller noted ff is attempting to 11as lon,g minimize the ber of new WFC's in the community by encouraging the ere 'on of WCF's on existing s ures in the community. Sugge n was made by the commissioners that WCF's be allowed only through the uance of con ' onal use permits. Attorney Cahill noted Federal regulations will not allow for this. CF's m be an allowable use somewhere in the City. The requirement of a conditional use pe 't is sou it. City of McHenry Planning and Zoning Commission Meeting August 3, 2006 Chairman Howell called the August 3, 2006 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. in the McHenry Municipal Center Council Chambers. In attendance were commissioners Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker(arrived at 7:31 p.m.)Absent:None. Also in attendance were Planner Zeller, City Attorney Cahill, Deputy Clerk Kunzer, Alderman Santi. Approval of Minutes Motion by Cadotte seconded by Buhrman, to approve the July 6, 2006 regularly scheduled meeting of the Planning and Zoning Commission as presented. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell,Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Public Hearing—Jim Pappas File No- Z-676 921 North Front Street Chairman Howell reconvened the Public Hearing at 7:32 p.m regarding File No. Z-676, an application for the following as submitted by Applicant James Pappas for the property located at 921 North Front Street: 1. Variance for building setback to allow the continued use of existing buildings; 2. Variance to reduce the number of required parking spaces; 3. Conditional Use Permit to allow the service of alcohol in conjunction with a restaurant. Chairman Howell noted this Public Hearing was initiated on July 6, 2006 and was recessed to this evening allowing time for the applicant to address concerns expressed by the Commission and audience relative to the requested parking variance. In attendance were Applicant James Pappas, architect Mike Coan, and Attorney Steven Cuda. Chairman Howell reminded them they were sworn in on July 6, 2006. Also in attendance were the following persons who wished to address the Commission regarding this matter: 1. Virginia Anzinger, former owner of 3908 John Street, McHenry IL 60050. Attorney Cuda stated the applicant has been researching ways to resolve concerns raised by the Commission at its July 6, 2006 meeting. Specifically, the applicant has contacted the owner of the Just for Fun Roller Rink who has agreed to lease space to the applicant to accommodate restaurant patrons parking. A second option would be for the applicant to remove a portion of his office building on the premises in order to increase parking on the site. Admittedly, this option would result in a net increase of only five parking spaces. Attorney Cuda noted Option 1, overflow parking at the roller rink, was not met with Staff approval. Staff cited safety concerns with having patrons cross Route 31 to get to/from the Planning and Zoning Commission • August 3,2006 Page 2 restaurant to the roller rink lot for parking. Option 2 also was discouraged by Staff as the cost to the applicant did not justify the small increase in available parking. Attorney Cuda reported he investigated the amount of available parking in the area on the way to this evening's meeting. He noted there were only two vehicles parked in the south municipal Main Street Lot. The north municipal Mail Street Lot was fairly full, however there was plenty of available parking along the north side of Main Street. In addition there were five available spaces along the east side of Route 31 in the Main Street area. Attorney Cuda concluded there were approximately thirty available spaces in the vicinity of the proposed restaurant between 6:45 p.m and 7 p.m. this evening. Architect Coan noted if a portion of the office building is torn down, only five additional spaces would be realized. He stated approximately forty feet of the building (at the rear) would be demolished if this option was selected. Planner Zeller provided the Commission with an updated Staff Report regarding this project. She stated Staff reviewed and evaluated both options proposed by the Applicant. Option 1, the use of the roller rink property,was deemed a dangerous solution as there is no safe way to cross Route 31. Option 2, the partial removal of the office building would cause the applicant to incur additional expense. This option would also result in dead-end parking which would cause adverse onsite traffic conditions and additional safety concerns as well. Staff believes there is adequate public parking available in the vicinity of the subject property which, when combined with the indicated onsite parking, should be adequate for the proposed use. Planner Zeller stated Staff believes the original site plan submitted by the Applicant is the best possible layout for the proposed uses. The Applicant intends to increase landscaping on the site and to install sidewalks as requested by Staff for patron safety. Staff recommends approval of the original site plan, variances as to building setback and parking, and a conditional use permit to allow serving alcoholic beverages in conjunction with a restaurant. Chairman Howell invited comment and questions from the commissioners. Responding to an inquiry, Planner Zeller stated she is not certain if or when John Street roadway improvements would be scheduled. She noted the roadway is in poor condition. However, as this area is redeveloped, John Street would have to be improved to accommodate additional traffic. Question was raised as to the Applicant's choice of use for this property. It was noted restaurants require more parking than other retail/commercial uses. Attorney Cuda concurred that different uses require different numbers of parking spaces. Architect Coan noted the Applicant acquired the potential Mexican restaurant tenant which precipitated the request for parking variance. If there had been no potential restaurant tenant, it was unknown if the parking variance would have been needed for the retail, residential and office uses on site. Attorney Cuda also noted C-4 Downtown Commercial Zoning has no parking requirements. The Applicant originally sought C4 Zoning; however, Staff did not support this request. Commissioners expressed concern with the amount of parking variance being sought. The restaurant use requires 83 parking spaces while the site plan indicates only 26 spaces. It was Planning and Zoning Commission August 3,2006 Page 3 brought to the attention of the Commission by Attorney Cuda that several restaurants in town are located in the C4 Zoning District and have no available parking, i.e. Plum Garden and Touch of Italy on Main Street, as well as several restaurants on Riverside Drive and Green Street. Discussion followed regarding parking availability for restaurants in the downtown area. It was noted that if the quality of the proposed restaurant is good, patrons will find a parking in the area to accommodate their needs. Chairman Howell invited Public Comment from the audience. The following were sworn in by Chairman Howell: Virginia Anzinger: Ms. Anzinger stated she previously owned the property across the street from the property in question. She noted she offered her property to the City several times. Now, instead of helping to solve concerns, the proposed development is creating several more problems. She noted with the existing congestion in the area, traffic issues will be increased if a restaurant is located on the premises. Motion by Cadotte, seconded by Buhrman, to recommend to City Council, with regard to File No. Z-676, a request for parking variance for the property located at 921 North Front Street as submitted by Jim Pappas, be denied as too many concerns were expressed due to the lack of available parking in the area and that a reduction from 83 to 26 onsite parking spaces is too great to be approved. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler. Voting Nay: Howell, Thacker. Not Voting: None. Abstaining: None. Absent: None. Motion carried 5-2. Comments by commissioners: Buhrman: Concerned regarding the infringement on the rights of adjacent property owners if the parking variance were granted. Cadotte. The variance being requested is too great for the use being proposed. E _kstrorn: There has been much discussion regarding evening parking in the area. Parking during the daytime hours would be even more difficult, especially during the lunch hour when John Street is already so crowded and oftentimes blocked by large trucks. Chairman Howell: Disagreed with not tearing down the office building; however, when the alternatives are viewed, and acknowledging the vast improvement on this property being proposed,he must support the applicant's request. Nadeau. He is in favor of the restaurant but feels this is not an ideal location. There is parking in the area; however, he questioned how the public will know where available parking is located. He also noted safety issues and traffic issues on Route 31 regarding the development. Schepler: There is parking available in the area, but he concurred there are safety concerns. The daytime parking along John Street is also an issue which needs to be addressed. Thacker: Echoed Chairman Howell's comments. The trade off is a little drastic regarding the parking. However, having an applicant eager to improve this part of town outweighs the parking shortage. Planning and Zoning Commission • August 3,2006 Page 4 Motion by Cadotte, seconded by Ekstrom, to recommend to City Council, with regard to File No. Z-676, a variances as to building setbacks for the property located at 921 North Front Street, be denied. Voting Aye: Cadotte,Ekstrom. Voting Nay: Buhrman, Howell, Nadeau, Schepler, Thacker. Not Voting: None. Abstaining: None. Absent: None. Motion failed 2-5. Comments by Commissioners: Cadotte: The setback variance should not be allowed in light of the denial of the parking variance. Ekstrom: The restaurant would have been an asset. However, John Street does not function well as it is. The City needs to do something with the road other than allowing illegal parking on the street to continue. Chairman Howell: This is an existing situation. It is not fair to take such drastic measures to prevent the Applicant from utilizing his property. Nadeau:The Applicant has the right idea. The use of public right-of-way has continued over the years. The Applicant is proposing to greatly improve this property. Scheeler: He would like to give the owner a chance to develop this site. Thacker: The property owner should have an opportunity to enhance this property. Buhrman: Denial would provide the City an opportunity to correct the John Street problems. At the suggestion of City Attorney Cahill, Chairman Howell called for an affirmative motion regarding the request for setback variance. He noted a 5-2 vote of denial of the motion is not necessarily an affirmative vote regarding the requested variance. Motion by Nadeau, seconded by Schepler, to recommend to City Council, with regard to File No. Z-676, a request for setback variance as requested by James Pappas for his property located at 921 North Front Street, as follows: Restaurant Building Setback Type Required Setback Requested Setback Front Yard 30 feet I I feet 6 inches Corner Side Yard 30 feet Negative 60 feet Rear Yard 15 feet 15 feet Office Building Front Yard 30 feet 19 feet Interior Side Yard 10 feet 4 feet Rear Yard 15 feet 2 feet 11 inches be granted, subject to the applicant/owner entering into a license agreement with the City of McHenry to address the continued use of the building within the John Street right-of-way; and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Planning and Zoning Commission August 3, 2006 Page 5 Voting Aye: Buhrman, Howell, Nadeau, Schepler, Thacker. Voting Nay: Cadotte, Ekstrom Not Voting: None Abstaining: None Absent: Thacker. Motion carried 5-2. Motion by Nadeau, seconded by Buhrman, to recommend to City Council, with regard to File No. Z-676, a request for conditional use permit to serve alcoholic beverages in conjunction with a restaurant use, as requested by James Pappas for his property located at 921 North Front Street, be approved, subject to the condition that the conditional use permit shall expire and become null and void if the restaurant (Taqueria Taluca) closes (defined by not being operational, i.e., serving customers) for a period of three consecutive months; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Howell, Schepler, Thacker. Voting Nay: Cadotte, Ekstrom, Nadeau. Not Voting: None. Abstaining: None. Absent: None. Motion carried 4-3. Chairman Howell recessed the Public Hearing at 8:09 p.m. File No. -Z-674 Zoning Map Amendment and Landscape Variance hairman well at 8:15 p.m convened a Public Hearing regarding File No. Z-674, a propo ning map a dment from RS-4 High Density Single Family District and C-4 Do wn omercial Distr o C m -3 Community Commercial District and landscape varianc garding e required five foot ential screening strip as requested by Oakridge Develo nt for their operty located at the no t corner of Route 31 and Pearl Street. hairman Howell stated notice of ublic Hearing was published ' e Northwest Herald on ly 15, 2006. A Certificate of Publicat ' on file in the City 's Office. Certified notices ere mailed to all abutting property owners ecord. Rec ' are on file as is an Affidavit of ervice as required by Zoning Ordinance. attendance were the following representat' of the icant, who were sworn in by the airman: im Billimack, Oakridge Properties atthew Hopp, Tara Constructio imothy Schwartz, Oakridge perties eremy Hamer, Haeger eering ohn Swierk, Direc sign Architects. lso in a ance were the following: arol Cooney, 1313 North Richmond Road, McHenry FORMA File Number -(e,27�v PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street c McHenry,IL 60050 c Tel: (815)363-2170 o Fax: (815)363-2173 1. Name of Applicant JAMS S. PAPAS Tel 847-689-8300 Address 1.632 Sheridan Road, North Chicago, IL 60064 Fax 2. Name of Property Owner Tel (If other than Applicant) Address Fax 3. Name of �� M AF.r. CORN Tel 847-662-8595 (If represented) Address 18620 Belvidere Rd Wildwood IL 60030 Fax 847-223-7791 4. Name of Attorney STEVEN J. CUDA Tel 815-338-1334 (If represented) Address 101 Van BurenSStreet, Woodstock, IL 60098 Fax. 815-338-5960 5, Common Address or Location of Property 921 N. Front Street, McHenry, IL 60050 6, Requested Action(s)(check all that apply) X Zoning Map Amendment (Rezoning) —Zoning Variance-Minor Conditional Use Permit —Zoning Text Amendment X Zoning Variance —Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Pen-nit, the specific Zoning Variance needed, or the new zoning classification that is requested: A zoning variance for the property in .:question to reduce the required parking spaces, allow parking and improvements to the building currently located in public right of way of John Street as delineated on site plan, to allow the -no 3s—a r staurant wi an—stairs agar enT—. --A conditional use to allow sale and consumption of alcoholic beverages within -±ha-prnz ncarl resta,ur-fit to 12a- leeated can t-3e — FORM A Pave 1 of') 7. Current and Proposed Use of Property Unti.1 mid-2005 property used as retail office and storage facility for M '_t-.-y County Class & Mirror. Proposed use - insurance agency office and mexican stw�-,e -food restaurant. 8. Current Zoning Classification of Property, Including Variances or Conditional Uses C-5 Commercial 9. Current Zoning Classification and Land Use of Adjoining Properties North C-5 - C-4 Commercial, parking area South C-5 Automobile repair East C-5 Automobile repair, 'parts supply West C-5 Limber storageeyard 10.Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. x 1. Application Fee (amount) $ x 2. Narrative Description of Request ,3. FORM A — Public Hearing Application x 4. FORM B — Zoning Map Amendment (Rezoning) Application x 5, FORM C — Conditional Use Application E. FORM D — Zoning Variance Application 7. Proof of Ownership and/or Written Consent- from Property Owner in the Form of an Affidavit x 8. Plat of Survey with Legal Description 9. List of Owners of all Adjoining Properties x 10. Public Hearing Notice 11. Sign (Provided by the City, to be posted by the Applicant) x 12. Site Plan 13. Landscape Plan x 14. Architectural Rendering of-Building Elevations 15. Performance Standards Certification 10.- Traffic Analysis 17. School Impact Analysis FORM A Page 2 of.3 1 Ir'If. J:� L'JG1'J a •- 1 W-71 ILI t .rl 1'JI i -JL'I�I • 11,Disclosure of interest The party signing the application :` GIi _ , considered the Applicant. The Applicant must be the owner or trustee of,record trust beneficiary, lessee, contract purchaser. or option holder of the subject property or his or her agent or nominee. Applicant is Not Qwner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s), in addition, an affidavit of the ownsrs(s) shall be filed with the application stating that the Applicant has the authority from fhe owners(s) to make the application. AC101iC2rit or.Owner is Corporation or Partnershio If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in Excess of five percent of the outstanding stock or interest in the corporation or, interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12.Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with.all such codes, i hereby-request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), lncluding any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City �,,ouncil, Signature of Aoolicant s Print Name and Designation of Applicant(s) PAPAS i �✓`ttVEN J. CWA, attorney for Jar, _s Papas FORM A Page 3 or 3 FORM C File Number Zn(QF(o City of McHenry — Planning and Zoning Commission (2004) 333 South Green Street c McHenry, IL 60050 o Tel: (815)363-2170 Fax: (815) 363-2173 CONDITIONAL USE PERMIT Table 31 of the City, of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request 1 . Traffic . Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. No impact - property previously used as retail store for McHenry County Glass and Mirror business and proposed use will generate similar traffic. Access to property available from John Street or Illinois Highway Route 31 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. No impact-extensive renovations will upgrade condition of property - proposed use will not produce noise, glare, odor, dust, or-o`_her. adverse environmental effects. 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. Property located within area zoned commercial and business - proposed use is compatible with businesses in area. FORM 0 Page 1 of 2 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. No impact - all municipal services currently availabel to property - proposed use will not generate any greater demand on those services than prior uses. 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. No impact - proposed use of property is similar to restaurants located within near vicinity on Main Street. 6, Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. The property was previously used as the retail store and storage area for McHenry County Glass and Minor. The proposed use is similar to uses found on Main Street such as Plum Garden, Touch of Italy, and Main Street Station restaurants. FORM C Page 2 of 2 it ` OR1`1 D Five Number City of McHenry — Planr ,-.g _-nd Zu,iiny Comrnl ^ion (2005) 333 South Green Street o McHenry, IL 60050 ,Tel; (815) 363-2170 - Fax: (515) 363-2173 ZONING VARIANCE Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1 . Special Circumstances Not Found Elsewhere Special circumstances exist that are particular to the'property for which the variance is sought and that do not apply generally to other properties in the same zoning district; and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. The northerly building has been in existence and located within theJohn Street right of way for at least the last 50 years. It has been used as a commercial establishment with an upstairs apartment continuously throughout that time period. 2. Circumstances Relate to Property Only Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions; 'and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. There are few, if any, other commercial buildings located within the municipal right of way in- McHenry. Petitioner cannot improve this building without being allowed to construct limited improvements in what is considered the John Street right of way. FORM D Page 1 of 3 • 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant cr of any ot�er party ,,-;,h interest in the property, The building was constructed within the right of way at least 50 years prior to the time the petitioner became owner. 4. Unnecessary Hardship The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon -the applicant, as distinguished from a mere inconvenience. The Petitioner cannot conduct the proposed business on the site without the variance. Almost any type of use/improvement to the building requires a variance. Petitioner has already removed a dilapidated building from the 5. Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. Petitioner intends to improve the site by removing a dilapidated building, residing the northerly building, and converting the southerly. building to an insurance agency. 6. Necessary for Use of Property The granting 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. If the variance is not granted, the petitioner will be unable to convert the northerly building into a restaurant. By removing the third old building, the Petitioner has already increased the parking previously found on the parcel. FORM D Page 2 of 3 • 7. Not Alter Local Character The granting of a variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. The area presents mixed and diverse uses. The proposed use is in common to uses found one block away to the north on Main Street and will complement the current uses in the neighborhood 8 Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. The variance will allow an insurance agency, restaurant, and remodeled apartment to be located upon the property. All of these uses are curently found within close vicinity of the property in question. 9. Minimum Variance Required The variance requested is the minimum required to provide the , applicant with reasonable use and enjoyment of the property. Petitioner proposes to use a portion of the John Street right of way which has not been used by the City of McHenry for at least 50 years. His proposal would allow use of property which has been used by prior owners over the same -year time peri-od. FORM D Page 3 of 3 LAW OFFICES HAMER, SCHUH & CUDA 101 van Buren Street WOODSTOCK, ILLINOIS 60098 Steven J. Cuda 815.338.1334 Theodore L.Hamer(1904-1990) James R Young Fax 815.338.5960 Kenneth C. Schuh(1931.1995) Of Counsel June 7, 2006 VIA FACSIMILE TRANSMISSION- 363-2173 AND FEDERAL EXPRESS Ms. Elizabeth A. Zeller City Planner City of McHenry 333 S. Green Street McHenry,IL 60050 Re: 921 N. Front Street,McHenry, Illinois Dear Ms. Zeller: Please permit this correspondence to serve as the narrative report in regards to the Petition for a zoning variance and conditional use with respect to the aforementioned property. As you are aware, I represent Mr. James Papas,the owner of this property. This is an unusual parcel in that until recently three separate buildings were located thereon: a commercial building on the southerly portion of the property,a single-family residence in the middle, and a second commercial building with an upstairs residential apartment on the northeasterly portion of the property. For approximately the last twenty years,the site was owned and used by McHenry County Glass Company as its primary business location. The owner of this business, Kathy Pemberton,sold the property to Mr.Papas after she re-located McHenry County Glass to the Adams Commercial Centre last year. Prior to Ms.Pemberton's ownership,the commercial buildings were used as an automobile service and fuel station and car repair shop and automobile sales room,together referred to as"Buchert's Garage." The present buildings have been located on the property for at least fifty years. For your reference, I am enclosing an Application For City Building Permit issued on June 2, 1955, to the owner,William Buchert,for an addition to the then present building for an automobile show room. Please note the reference to"4'sideline on North side"which I assume refers to the distance between the north edge of the building and the property line. I am also enclosing a photocopy of an old property record card provided by the McHenry Township Assessment office which includes a photograph dated 5-24-62 of the addition to the building. If you look closely, you can see what appears to be at least one gas pump behind each of the station wagons parked along Front Street and a Mobil fuel sign at the northeast comer of the building addition. Ms. Elizabeth A. Zeller -2- June 6, 2006 After the property was acquired last year,Mr.Papas demolished the single-family residence. As of today's date,the only improvements are the two commercial buildings. Approximately 1250 square feet of the southerly building is now used as an insurance office for a company owned by my client. The remaining area, approximately 3750 square feet is used for storage. Mr. Papas proposes to convert the northerly commercial building into a small restaurant. The upstairs would continue to be used as a residential apartment. His conditional use request is to allow the sale and consumption of alcoholic beverages within the proposed restaurant. There is no bar,only a service area to prepare beverages for seated customers. The restaurant's gross square footage is 3088 square feet. Actual seating area is approximately 1876 square feet. The expected hours of operation for the restaurant will be 11:00 a.m.to 10:00 p.m.all week long. The insurance agency's expected hours of operation will be 10:00 a.m.to 6:00 pm. Monday through Friday and 10:00 a.m. to 12:00 p.m. on Saturday. Variances are also required from the number of parking spaces and building setbacks required by the City of McHenry Zoning Ordinance. As you are aware,the City contends that the restaurant building encroaches on the old John Street right-of-way. My client and I believe otherwise, that the right of way is only 33 feet. I have reviewed records at the office of the McHenry County Recorder of Deeds and have been unable to locate any documentation granting the City additional right of way west of Front Street. For your reference I am enclosing photocopies of Sanborn Maps of the area from 1893, 1912, 1922, 1933,and 1948. Each and every map identifies John Street as being 33 feet wide west of Front Street. In light of this information and the above-mentioned 1955 Building Permit, it is more likely than not that the current maps are incorrect and that the actual right of way is only thirty-three feet wide. Within the current C-5 Zoning, the owner needs several variations from the City's set back requirements for this property. According to my calculations,variations for the southerly building's setbacks are as follows: a. 12'l" from the required 15' rear yard setback; b. 6' from the required 10' side yard setback; and c. 11" from the required 30' front yard setback. The restaurant building, based upon a sixty-six foot right of way, would require the following setback variations: a. 18.5' from the required 30' front yard setback along Front Street; and b. 60'deviation from the required 30' front yard setback along John Street. Please note that the John Street setback variation would only be 26' should the City agree that the right of way at this location is only 33' wide. Ms. Elizabeth A. Zeller -3- June 6, 2006 My client is also requesting a variation from the parking requirements set forth in the City's zoning ordinance. According to architect, Michael Coan, the site, based upon current zoning, uses and proposed uses, requires parking for 162.3 cars. Twenty-six spaces are available, including ten proposed to be located within the setback per the attached site plan. I am also enclosing the revised petition which details the requested variations. Please review this material and let me know the earliest date this matter can be scheduled for hearing before the Planning and Zoning Commission. Very truly yours, teve J. uail SJC/nk Enclosure cc: Mr. James Papas Mr. Michael Coan PS: Mike Coan will be delivering a site plan that shows just the buildings and set backs within the next couple of days. SJC 92 1 MAIN ST. 11 R hi 22 jo r . .c4 i:.�r O � � •q may/ • x �� � 1 1: r • r r � T'y C � d w PUBLIC PARKING - MAIN STREET AREA On-Street(west side Rt. 31) 12 total spaces On-Street(Main Street west of Rt. 31) 44 total spaces QOff-Street(Municipal Lots) 38 total spaces Total Public Parking 94 spaces 4 3910 W. John St. j , McHenry IL 60050 Phone: 815.385.2950 Fax: 815.344.9658 www.berniesautocenter.com July 26,2006 Mr. John Howell Planning and Zoning Commission City of McHenry 333 S.Green St. McHenry,IL 60050 Re: Papas Zoning Request 921 N. Front St. McHenry,IL Dear Mr.Howell: I am against the request for variances and conditional use permit for the property commonly known as 921 N. Front Street, McHenry,Illinois. My opposition stems from the fact that John Street is already overloaded with constant truck traffic from Community Sewer(3908 W. John St.),Ferrellgas (3912 W. John St.),and Alexander Lumber(909 N.Front St. shipping &receiving). At times there is not enough room for a fire truck or the rescue squad to get to my location in the unfortunate event they would be needed. As you can see in the attached pictures,there is already to much congestion. My concern is not only with the 50 spaces the location(921 N. Front St.).lacks,what provisions are there for off street deliveries from food vendors,bread trucks,laundry service vehicles,produce trucks,and garbage truck? On my way to the last zoning meeting(Thursday,July 6,2006),I stopped at my shop. There was one parking space on Main Street and one parking space in the municipal parking lot. Also I don't agree with making arrangements with neighboring properties to provide overflow parking because there is nothing to tie the two properties together. In the past,this congestion has been brought to the attention of Chief of Police,City of McHenry, and the Fire Department. There has never been a permanent solution. Sincerely, 1. Bernard Matchen ORDINANCE NO. AN ORDINANCE GRANTING A VARIANCE TO ALLOW A REDUCTION IN THE NUMBER OF REQUIRED PARKING SPACES AT 921 N. FRONT STREET IN THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS WHEREAS, a petition has been filed with the City by James Papas requesting a Variance to allow a reduction in the number of required parking spaces for the property at 921 N. Front Street, which property is legally described on "Exhibit A", attached hereto and incorporated herein, (the"SUBJECT PROPERTY"); and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on July 6, 2006, and August 3, 2006, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission recommended denial of the requested Variance(5-2 vote)to the City Council; and WHEREAS, the City Council has considered the evidence and recommendation from the Planning and Zoning Commission and finds that the approval of the requested Variance 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 a Variance to allow a reduction in the number of required parking spaces from 83 to 26, provided, that the SUBJECT PROPERTY is developed in substantial accordance with the site plan, elevations and floor plans prepared by mg Coan Architect, collectively referred to as the"SITE PLAN,"attached hereto and incorporated herein as Exhibit B. SECTION 2: In granting said Variance, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. 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. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, 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, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 1 3. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. 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. 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. 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. 8. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. 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. 2 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 , 2006 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2006 MAYOR ATTEST: CITY CLERK 3 Exhibit"A" Legal Description of the SUBJECT PROPERTY Lot 1,Sub-Lot 1 of Lot 2 and Sub-Lot 1 of Lot 3 in Block 13 of County Clerk's Plat of Block 13 and other blocks in the Original Plat of West McHenry, said Original Plat being a part of the Southwest Quarter of Section 26, and the Northwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian,according to the Plat thereof recorded May 6, 1902 as Document No. 14086,in Book 2 of Plats,page 39,in McHenry County,Illinois. ALSO The North 33 feet of John Street lying North of Lot 1 Block 13 described as follows,to-wit: That portion of John Street lying East of the West line of Sub Lot 1-3 and Northwesterly of the Southeasterly line of Lot 1 Block 13 of the County Clerk's Plat extended Northerly in the Original Plat of West McHenry, said original plat being part of the Southwest Quarter of Section 26, and the Northwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded May 6, 1902 as Document No. 14086,in Book 2 of Plats,page 39,in McHenry County,Illinois. 4 Exhibit`B" SITE PLAN On File with the City Clerk 5 ORDINANCE NO. AN ORDINANCE GRANTING A SETBACK VARIANCE TO ALLOW AN ADDITION TO AN EXITING BUILDING AND A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT SERVING ALCOHOLIC BEVERAGES AT 921 FRONT STREET IN THE CITY OF MCHENRY,MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by James Papas requesting a setback Variance to allow the construction of an addition onto an existing building and a Conditional Use Permit to allow a restaurant serving alcoholic beverages for the property legally described on"Exhibit A", attached hereto and incorporated herein; the"SUBJECT PROPERTY", and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on July 6, 2006,and August 3, 2006 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission recommended approval of the requested setback Variance(5-2 vote)and Conditional Use Permit (4-3 vote); and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Variance and 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 a Variance to allow the construction of an addition onto the existing building, provided that the SUBJECT PROPERTY is developed in substantial accordance with the site plan, elevations and floor plans prepared by mg Coan Architect, collectively referred to as the"SITE PLAN,"attached hereto and incorporated herein as Exhibit B. SECTION 2: In granting said Variance, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. 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. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, 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, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. 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. 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. 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. 8. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. SECTON 3: That the SUBJECT PROPERTY be granted a Conditional Use Permit to allow a restaurant serving alcoholic beverages, subject to the condition that the Conditional Use Permit shall expire and become null and void if the restaurant (Taqueria Toluca) closes (defined by not being operational i.e., serving customers) for a period of three (3)continuous months. SECTION 4: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. The requested use will not adversely impact traffic not otherwise typical for permitted uses in the zoning district; 2. The requested use will not create an environmental nuisance with any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air not otherwise typically of permitted uses in the zoning district; 3. The requested use will fit harmoniously with the existing natural or man-made character of the surrounding area; 4. The requested use will not require community facilities or services not otherwise typical for permitted uses in the zoning district; 5. The requested use will not be detrimental to the safety or health of the employees,patrons or visitors associated with the use,nor the general public in the vicinity; and 6. The requested use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: 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. 2 SECTION 7: 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 , 2006 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2006 MAYOR ATTEST: CITY CLERK 3 Exhibit A Legal Description of the SUBJECT PROPERTY Lot 1, Sub-Lot 1 of Lot 2 and Sub-Lot 1 of Lot 3 in Block 13 of County Clerk's Plat of Block 13 and other blocks in the Original Plat of West McHenry, said Original Plat being a part of the Southwest Quarter of Section 26, and the Northwest Quar`.er of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded May 6, 1902 as Document No. 14086, in Book 2 of Plats, page 39, in McHenry County, Illinois. ALSO The North 33 feet of John Street lying North of Lot 1 Block 13 described as follows, to-wit: That portion of John Street lying East of the West line of Sub Lot 1-3 and Northwesterly of the Southeasterly line of Lot 1 Block 13 of the County Clerk's Plat extended Northerly in the Original Plat of West McHenry, said original plat being part of the Southwest Quarter of Section 26, and the Northwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded May 6, 1902 as Document No. 14086, in Book 2 of Plats,page 39, in McHenry County, Illinois. 4 Exhibit`B" SITE PLAN On File with the City Clerk 5