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Home My WebLink AboutPacket - 10/17/2016 - City Council*REVISED* AGENDA REGULAR CITY COUNCIL MEETING City Council Chambers, 333 S Green Street Monday, October 17, 2016, 7:00 PM Call to Order. 2. Roll Call. 3. Pledge of Allegiance. 4. City of McHenry Mission Statement. 5. Public Comment: Any person wishing to address the City Council will be required to step forward to the podium and identify themselves for the record and will be asked but are not required to provide their address. Public Comment may be restricted to three - minutes for each individual speaker. Order and decorum shall be maintained at public meetings. 6. Motion to approve the following Consent Agenda items: A. Change Order #2 and final pay application to Keno & Son Construction for the Fieldstone Lift Station Rehabilitation Project for an amount not to exceed $2,248; B. Authorization to accept and execute a time and material proposal from Maneval Construction Inc. for paving in conjunction with the Knox Park ITEP Bike Path project in the amount of $18,371; C. Block Party Request: 213 Barnwood Trail; D. August 1, 2016 City Council meeting minutes; E. Payment of Bills in the amount of $451,139.28; and F. Issuance of As Needed Checks in the amount of $23,689.53. 7. Motion to approve a connection to the City's sanitary sewer system at residential rates for the property located at 2301 W. Country Lane and waiver of the annexation requirement to the City of McHenry. Motion to approve an Ordinance granting a use variance to allow a restaurant with outdoor seating, including outdoor service of food and alcohol and outdoor entertainment, for the property located at 1402 N. Riverside Drive. 9. Motion to approve an Ordinance granting the following for the property located at the northwest corner of Route 120 and Chapel Hill Road (excluding the Riverside Chocolate property) as requested by the contract purchaser Bluestone Single Tenant Properties: The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. McHenry City Council Agenda October 17, 2016 Page Two • A Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with and automobile wash; • A Conditional Use Permit to allow a drive-in establishment as part of a freestanding multi -tenant retail building; • A Variance from the off-street parking and loading requirements; • A Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store an automobile washing facility); • A Variance from the minimum spacing requirement between service stations; • A Variance from the minimum parking screening strip requirement and any other variances required to develop the Subject Property in substantial accordance with the site and landscape plans and building elevations submitted for this petition; and, • Approval of a Preliminary Plat of Subdivision. 10. Motion to approve an Ordinance authorizing the Mayor to execute a Development and Economic Incentive Agreement between the City of McHenry and Bluestone Single Tenant Properties LLC. 11. Discussion regarding Chapter 9 (Devices, Coin Operated), Section 9-10 Video Gaming Terminals of the McHenry Municipal Code. 12. Mayor's Statement and Reports. 13. Committee Reports. 14. Staff Reports. 15. Future Agenda Items. 16. Adj ournment. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: October 17, 2016 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: Consideration of Change Order #2 and final pay application to Keno &Sons Construction for the Fieldstone Lift Station Rehabilitation Project for an amount not to exceed $2,248 ATT: H1R Green Recommendation Letter for Final Pay Application and Change order #2 AGENDA ITEM SUMMARY: Staff requests City Council to approve change order #2 and the final pay application in the amount of $2,248.00 to Keno & Sons Construction of Lake Bluff, Illinois. BACKGROUND: At the November 2, 2015 City Council meeting, the City Council awarded a contract in an amount not to exceed $169,000.00 to Keno & Sons Construction of Lake Bluff, Illinois for the construction of the Fieldstone Lift Station Rehabilitation Project. Change order #1 in the amount of $18,078.00 was approved by City Council at the May 2, 2016 City Council Meeting. ANALYSIS: Keno and Sons Construction has submitted the attached change order in the amount of $1,248.00 for labor required to adjust the concrete filet at the bottom of the wet well for a proper pump fit. The final pay application request also includes $1,000 release of retainage. The total cost of the project including engineering was $276,798.60. The FY15/16 Capital Improvement Program under the Utility Improvement Fund included $330,000 for the Fieldstone Lift Station Rehabilitation Project. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve change order #2 and the final pay application to Keno & Sons Construction of Lake Bluff, Illinois for the Fieldstone Lift Station Rehabilitation Project in an amount not to exceed $2,248.00. D 420 I`101 ih Froni Sireef I Suite 100 1 McHenry, IL 60050 Main 815.385.1778 Fax 815.385.1781 HRureeH September 26, 2016 Mr. Jon M. Schmitt Director of Public Works City of McHenry 1415 Industrial Drive McHenry, Illinois 60050 RE: Recommendation of Approval for Pay Application #5 a FINAL Fieldstone Lift Station Job No.: 86160164 Dear Mr. Schmitt: Erl.cort HR Green, Inc. (HR Green) has completed its review of Pay Application #5 from Keno and Son Construction Company for work performed on the Fieldstone Lift Station Rehabilitation project. Waivers of Lien from the Contractor, Certified payroll, and an invoice have been provided by the contractor. We have reviewed all of the submitted documents and found them to be in general conformance with the approved plans and specifications and is recommending that the City approve this Pay Application in the amount of $2,248,004 This is a release of retainage and the final change to the project, leaving a balance of $0.00 on the project. The final change was for labor needed to adjust the concrete filet at the bottom of the wet well for proper pump fit. This was the item clarified during bidding with addendum #2 as there was no way to assess the condition or exact location of this filet until the wet well was taken out of service. This project is now in its one (1) year maintenance period, per the project specifications. If you have any questions, please call me at (815) 759-8346. Sincerely, HR GREEN, INC. Chad J. Pieper, P.E. City Engineer CJP/ Attachments APPLICATION AND CERTIFICATE FOR PAYMENT DOCUMENTG702 TO: CITY OF McHENRY PROJECT: FIELDSTONE LIFT STATION APPLICATION NO.: 5 Clistrilnrfiorr trr. 333 SOUTH GREEN STREET REHABILITATION APPLICATION DATE: 31-Aug46 [ ) OWNER McHENRY, IL 60050 PERIOD TO : 31 Aug-16 [ ] ARCHt1 f:r I CONTRACT DATE: 18-Nov-15 [ I CONTRAC I-Ok FROM: KENO & SONS CONSTRUCTION CO. ENGINEER: HR GREE INC. [ ] ENGINEER 33 N, WAUKEGAN ROAD - SUITE 204 420 N, FRO STREET P. O. NO, LAKE BLUFF, IL 60044 McHENRY, IL 60050 BID NO.: CONTRACT FOR: FIELDSTONE LIFT STATION REHABILITATION ENGINEER'S PROJECT NO: 86150164 Application is made for payment, as shown below, in connection with the Contract: The undersigned Contractor certifies that to the best of the Conlractor's knowledge, Continuation Sheet, AIA Document G703, is attached, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor 1.ORIGINAL CONTRACT SUM. .... . . ........................ $ 169,000.00 for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due 2, Net change by Change Orders,, , ,,, , , , , , , ,,, , , , , , , , , , , $19,326.00 CONTRACTOR: f 3. CONTRACT SUM TO DATE 4. TOTAL COMPLETED & STORED TO DATE . . ............... . . $ 188,326,00 (Column G on G703) 5. RETAINAGE: a. 10 % of Cornpleted Work (Column D + E on G703) b. 10 % of Stored Material (Column F on G703) Total Retainage (Line 5a+5b or Total In Column I of G703)9 . (Line 4 less line 5 Tolai} 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line G from prior Certificates} . . . ............ . .. . .. . . . . . . . . . $186,078.00 B.CURRENT PAYMENT DUE, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,0L $2,248,00 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line G) $0:00 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Change Orders approved in previous months by Owner $18 078,00 $0,00 Total approved this Month $1,248000 $0.00 TOTALS $19,326000 NET CHANGES by Change Order MM $19,326.00 DOCUMENT G702 APPLICATION AND CERTIFICATE FOR PAYMENT DATE: 31-AugwI6 State oF: Illinois County of: Lake Subscribed and sworn before mean this 315t day of August 201G oaL SEA TVMO, rotary Public, Sty tLOFFIrillinois js sj ry missPublio: My GerttMiasion Expirr2pommission expires: Mafch 20, 201S+ 2C1111 ENGINEER'S CERTIFICIiTE FOR PAYMENT In accordance with the Contract Documents, based on on -site observations and the data comprising this application, the Engineer certifies to fire Owner that to the best of the Engineer's knowledge, information and belief the Work has progressed as indicated, the quality of the Work s in accordance with the Contract Documents, and the Contractor is entitled to payment of file AMOUNT CERTIFIED, AMOUNT CERTIFIED (Attach explanation if amount certified differs frarn the amount applied for. Initial all figures on this Application and on the Continuation sheet that are changed to conform to the arrrount certified.) NEERM # —�— — By: Date: � 2 3 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner of Contractor under this Contract. PROJECT: CITY OF McHENRY APPLICATION NUMBER: 5 Page 1 of 1 FIELDSTONE LIFT STATION REHABILITATION APPLICATION DATE: 31-Aug-16 Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing PERIOD FROM: 21-Jun-16 Contractor's signed Certification is attached. TO: 31-Aug-16 Use Column I on Contracts where variable retainage for line items may apply. ENGINEER'S PROJECT NO: 86150164 H :......•...•......F..•..•.•.•.•...........:..•.•.•.• .........:.......... ..................l........ ................... ................. . WORK COMPLETED STORED COMPLETED BALANCE ITEM DESCRIPTION OF WORK SCHEDULED PREVIOUS THIS MATERIALS AND STORED % TO FINISH RETAINAGE NO, VALUE APPLICATION APPLICATION (not in D or E) TO DATE (G-C) (C-G) (D+E+F) 1 BOND & INSURANCE $ 57100000 $ 57100,00 $ 57100400 100.00%. $ - 2 PROJECT MANAGEMENT $ 81000000 $ 8,000.00 $ 8,000600 100000% $ - 3 MOBILIZATION $ 4,960.00 $ 41980000 $ 47960.00 100.00% $ - 4 BY-PASS PUMPING $ 217500.00 $ 217500.00 $ 213500000 10100% $ - 5 DEMOLITION $ 19,000000 $ 199000.00 $ 19,000000 100000% $ - 6 PRECAST TOP & HATCHES $ 91400600 $ 9,400.00 $ 93400,00 100.00% $ - 7 PUMPS & PIPING $ 15,000000 $ 15,000.00 $ 15,000000 100,00% $ - 8 SITE RESTORATION $ 13300000 $ 11300,00 $ 11300000 100,00% $ - 9 ELECTRICAL $ 16,850,00 $ 16,850.00 $ 16,850000 100.001/)o $ - 10 CONTROLS $ 672890000 $ 67,890000 $ 67,890,00 100000% $ - 11 CHANGE ORDER 1 $ 18,078.00 $ 18,078400 $ 18,078.00 100.00% $ - HORIZONTAL PIPE DISCHARGE PIPE RISERS 12 CHANGE ORDER 2 FILLETS REMOVAL $ 11248400 $ - $ 11248000 $ 11248,00 100.00% $ - TOTAL THIS PAGE $ 188,326.00 187,078.00 1,248400 - 188,326,00 - $0.00 DOCUMENT G703 •CONTINUATION SHEET TELEPHONE (847) 6154509 FACSIMILE (847) 6154589 111111111111111111 IF III I! ��IIIIIIIIIIIIII 33 North Waukegan Road, wife 204 Lake Bluff, Illinois 60044 BILL TO City of McHenry 333 South Green Street McHenry, Illinois 60050 DESCRIPTION City of McHenry Ficldstone Litfi Sfation Rehabilitation Job No.: 86150164 14R Green, Inc. Notice Of Award, dated November 5, 2015 Agreements, Dated November 18, 2015 Contract Amount $169,000.00 Chang Qrder Amount $ 9,164.00 Chang Order Amount $ 8,914.00 Chancy Order Amount $ 1,248,00 'New Contract Amount $188,326.00 Application No. 5 - Final Change Order - Fiflets Removal Balance ofRetaintion $15000.0o Amount clue Total DATE INVOICE # 8131/2016 5406 AMOUNT 1,248.00 1,00a.oa $2,248.00 FINAL WAIVER OF LIEN STATE OF ILLINOIS COUNTY OF LAKE TO WHOM IT MAY CONCERN: WHEREAS the undersigned has been employed by The CITY of McHENRY, McHENRY, ILLINOIS to furnish General Construction for the FIELDSTONE LIFT STATION REHABILITATION the premises know as McHENRY FIELDSTONE LIFT STATION, 5809 FIELDSTONE TRAIL, McHENRY, ILLINOIS 60050 of which The CITY of McHENRY, McHENRY, ILLINOIS is the owner. THE undersigned, for and in consideration of TWO THOUSAND TWO HUNDRED FOURTY EIGHT DOLLARS AND NO CENTS ($2,248.00) and other good and valuable considerations, the receipt whereof is hereby acknowledged, do(es) hereby waive and release any and all lien or claim of, or right to, lien, under the statutes of the State of Illinois, relating to mechanics' liens, with respect to and on said above -described premises and the improvements thereon, and on the material, fixtures, apparatus or machinery furnished, furnished, and on the moneys, funds or other considerations due or to become due from the owner, on account of labor, services, material, fixtures, apparatus or machinery, heretofore furnished, or which may be furnised at any time hereafter, by the undersigned for the above -described premises, INCLUDING EXTRAS.* DATE August 31 2016 / � COMPANY NAME: Keno &Sons Construction Company ZI ADORES V. 33 North Waukegan Road Lake Bluff, Illinois 60044 SIGNATURE AND TITLE: Kareri K. Viga%�hi, Secretary *EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGES ORDERS BOTH ORAL AND WRITTEN TO THE CONTRACT. CONTRACTOR'S AFFIDAVIT STATE OF ILLINOIS COUNTY OF LAKE TO WHOM IT MAY CONCERN: THE undersigned, being duly sworn, deposes and says that he or she is KAREN K. VIGNOCCHI, SECRETARY of the KENO & SONS CONSTRUCTION COMPANY, who is the contractor for the GENERAL CONSTRUCTION of the CITY of MCHENRY, FIELDSTONE LIFT STATION REHABILITATION work on the building located at 5809 FIELDSTONE TRAIL, McHENRY, ILLINOIS 60050, owned by The CITY of McHENRY, McHENRY, ILLINOIS 60050. That the total amount of the contract including extras* is $188,326.00 on which he has received payment of $186,078.00 prior to this payment. That all waivers are true, correct and genuine and delivered unconditionally and that there is no claim either legal or equitable to defeat the validity of said waivers. That the following are the names and address of all parties who have furnished material or labor, or both, for said work and all parties having contracts or sub contracts for specific portions of said work or for material entering into the construction thereof and the amount due or to become due to each, and that the items mentioned include all labor and materials required to complete said work accordin to plans and s ecmcauons: NAMES WHAT FOR CONTRACT PRICE AMOUNT PAID THIS PAYMENT BALANCE DUE Keno & Sons Construction Company General Work and Admistrative 71,935.01 70,935,01 19000000 0.00 United Rentals (North America), Inc. Rental Equipment 9,256.39 9,256.39 0.00 0.00 Welch Bros., Inc. Precast Concret Structures 3,068.60 33068460 0.00 0.00 Pieper Electric, Inc. Eletrical 16,850.00 16,850.00 0.00 0.00 Advanced Autimation & Controls Inc. Controls 671890.00 67,890.00 0.00 O.00 Change Order No. 1 Extend Horizontal Pump Discha e Piping 9,164.00 93164.00 0.00 0.00 Change Order No. 1 Pipe Risers 81914,00 8,914.00 0.00 0.00 Chan e Order No.2 Fillets Removal 1,248.00 0.00 1,248.00 0.00 0.00 0.00 0.00 0.00 TOTAL LABOR AND MATERIALS INCLUDING EXTRAS* TO COMPLETE. 188,326.00 186,078.00 2,248.00 0.00 That there are no other contracts for said work outstanding, and rnar mere is nuunny uuC UI LU uVUU1 V uuU L� CA l lr Nw,.,�„ Awl 611�&•wl z�43 labor or other work of any kind done or to be done upon or in connection with said work other than ove State f DATE Auaust 31 2016 SIGNATURE: SUBCRIBED AND SWORN TO BEFORE ME THIS 31st DAY OF August , *EXTRAS INCLUDING BUT ARE NOTLIM �"■'+"" 1u �- ORDERS, BOTH ORAL AND WRITTEN, T THE CyON � A��a EA! Motary Public, State of Illinoir Karen K. Maj, NOTARY, Secretary UBLIC THIS WAIVER OF LIEN TO DATE IS CONTINGENT UPON PAYMENT IN FULL 6 FELEPHONE (847) 615w8509 FAC 1�T11L-L,;1, 111D�6CJ F.I? aM 17p1MIIZ] l®1Y llltiLd®R� 33 NORTH WAUKEGAN ROAD, SUITE 204 LAKE BLUFF, ILLINOIS 60044 Mr. Chad J. Pieper, P.E. HR Green, Inc. 420 North Front Street, Suite 100 McHenry, Illinois 60050 Re.: City of McHenry Fieldstone Lift Station Rehabilitation HR Green, Inc., Project No. 886150164 Subject: Certified Payroll Dear Chad: August 24, 2016 Please find enclosed one (1) each Certified Payroll (Form WH-347 Inst.) for the following weeks from KENO & SONS CONSTRUCTION COMPANY for the above noted Project: Payroll No. No. 21 No. 22 No. 23 No. 24 No. 25 No. 26 No. 27 No. 28 No. 29 No. 30 Weekending June 22, 2016 June 29, 2016 July 06, 2016 July 13, 2016 July 20, 2016 July 273 2016 August 03, 2016 August 10, 2016 August 17, 2016 August 24, 2016 - Final Please call if you require any additional information or any calcifications. KENO &SONS CONSTRUCTION COMPANY Sin ;n K. Vign Enclosures Date 06/22/2010 I, Karen K. Vignocchi Secretary (Name of Signatory Party) (Title) do hereby state: (1) That 1 pay or supervise the payment of the persons employed by Keno &Sons Construction Company (Contractor or Subcontractor) Fieldstone Lift Station (Building or Work) that during the payroll period commencing on the 16 day of June 2016 and ending the 22 day of June 2016 all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Keno &Sons Construction Company from the (Contractor or Subcontractor) full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below: (2) That any payrolls othernvise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination Incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS -In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH -Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION REMARKS: NAME AND TITLE Karen K. Vignocchi Secretary SIGNATU E J / // 1 ✓� / THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE y0,� I RACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION, SEE SECTION 1001 OF TITLE 1 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. U.S. Department OT tabor PAYROLL Wage and Hour Division (For Contractor's Optional Use; See Instructions at www.dol.gov/esa/whdlforms/wh347instr.htm) Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. N, 0 U.S. Wage and Hour Division Rev. Dec 2008 NAME OF CONTRACTOR N/ OR SUBCONTRACTO LiADDRESS Keno & Sons Construction Company 33 North Waukegan Road, Suite 204 Lake Bluff, Illinois 60044 OMB No.: 1235-0008 Expires: 02/28/2018 PAYROLL NO, 21 FOR WEEK ENDING 06/22/2016 PROJECTAND LOCATION Fieldstone Lift Station Rehabilitation 5809 Fieldstone Trail, McHenry, IL 60050 PROJECT OR CONTRACT NO, 86150164 (1) NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER) OF WORKER (2) # Ex (3) WORK CLASSIFICATION O T or S T (4) DAY AND DATE (5) TOTAL HOURS (6) AT RATE PAY (I) GROSS AMOUNT EARNED PROJECT/ALL (8) DEDUCTIONS (9) NET WAGES P ID FOR EK Th Fr Be Su Mo Tu We FICA WITH- HOLDING TAX STATE TAX LOCAL TAX OTHER TOTAL DED, 06/16 06117 06118 06/19 06/20 06/21 06/22 HOURS WORKED EACH DAY No Work Performed. 0 s 0 S 0 S 0 S 0 S 0 S 0 S 0 Ao� ri Fr I I While completion of Form WH- 347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C. F. R. §§ 3.3, 5.5(a). The Copeland Act (40 U. S. C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U. S. Department of labor (DOL) regulations at 29 C. F. R. § 5.5(a)(3}( iij require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis- Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits. Public Burden Statement We estimate that it will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U. S. Department of Labor, Room 83502, 200 Constitution Avenue, N. W. Washington, D. C. 20210. Date 06/29/201a Karen K. Vignocchi (Name of Signatory Party) Secretary �tle) do hereby state: (1) That I pay or supervise the payment of the persons employed by Keno & Sons Construction Company on the (Contractor or Subcontractor) Fieldstone Lift Station that during the payroll period commencing (Building or Work) on the 23 day of June 2016 and ending the 29 day of June 2016 all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Keno &Sons Construction Company from the (Contractor or Subcontractor) full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat, 108, 72 Stat, 967; 76 Stat, 357; 40 U.S.C. § 3145), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination Incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS 0 -In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH -Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION REMARKS: NAME AND TITLE Karen K. Vignocchi Secretary SIGN TU THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTORTO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. U.S. Department of Labor PAYROLL Wage and Hour Division (For Contractor's Optional Use; See Instructions at www.dol.gov/esa/whd/forms/wh347instr.htm) M H, 0 U.S. Wage and Hour Division Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Rev. Dec 2008 NAME OF CONTRACTOR v/ OR SUBCONTRACTOR ADDRESS OMB No.: 1235-0008 Keno & Sons Construction Company 33 North Waukegan Road, Suite 204 Lake Bluff, Illinois 60044 Expires: 02128/2018 PAYROLL NO. FOR WEEK ENDING PROJECTAND LOCATION PROJECT OR CONTRACT No, 22 06/29/2016 Fieldstone Lift Station Rehabilitation 86150164 5809 Fieldstone Trail, McHenry, IL 60050 (1) (2) (3) 0 (4) DAY AND DATE (5) (6) (7) (8) (9) NAME AND INDIVIDUAL T Th Fr Sa Su Mo Tu We DEDUCTIONS IDENTIFYING NUMBER GROSS NET WAGES (e.g., LAST FOUR DIGITS OF # or 06/23 06/24 06/25 06/26 08/27 06128 06/29 TOTAL RATE AMOUNT WITH- PAID FOR SOCIAL SECURITY NUMBER) Ex WORK S HOURS OF EARNED HOLDING STATE LOCAL TOTAL OF WORKER CLASSIFICATION T HOURS WORKED EACH DAY PAY PROJECT/ALL FICA TAX TAX TAX OTHER DED. WEEK No Work Performed. o While completion of Fomt WH- 347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C. F. R. §§ 3.3, 5.5(a). The Copeland Act (40 U. S. C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U. S. Department of Labor (DOL) regulations at 29 C. F. R. § 5.5( a)( 3)( ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis- Bacon prevailing wage rate forthe work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits. Public Burden Statement We estimate that it will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U. S. Department of Labor, Room S3502, 200 Constitution Avenue, N. W. Washington, D. C. 20210. Date 07/06/2010 I, Karen K. Vignocchi Secretary (Name of Signatory Party) (title) do hereby state: (1) That I pay or supervise the payment of the persons employed by Keno &Sons Construction Company (Contractor or Subcontractor) Fieldstone Lifk Station (Building or Work) that during the payroll period commencing on the 30 day of June 2016 and ending the 06 day of July 2016 all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Keno &Sons Construction Company from the (Contractor or Subcontractor) full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat, 357; 40 U.S.C. § 3145), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination Incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS Q -In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH -Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION REMARKS: NAME AND TITLE Karen K. Vignocchi Secretary i SIGNATU THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. 5. S-p.rTIT11-17M 5T Latior Vage and Hour Division PAYROLL or Contractor's Optional Use; See Instructions at www.dol.gov/esa/whd/forms/wh347instr.htm) Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. NAME OF CONTRACTOR n9 OR SUBCONTRACTOR L.JADDRESS Keno & Sons Construction Company 33 North Waukegan Road, Suite 204 Lake Bluff, Illinois 60044 OMB No.: 1235-0008 Expires: 02/28/2018 PAYROLL NO, 23 FOR WEEK ENDING 07/06/2016 PROJECT AND LOCATION Fieldstone Lift Station Rehabilitation 5809 Fieldstone Trail, McHenry, IL 60050 PROJECT OR CONTRACT NO, 86150164 (1) NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER) OF WORKER (2) # Ex (3) WORK CLASSIFICATION 0 T S T (4) DAY AND DATE (5) TOTAL HOURS (6) RATE OF PAY (7) GROSS AMOUNT EARNED PROJECT/ALL (8) DEDUCTIONS (9) NET WAGES PAID FOR Th Fr Sa Su Mo Tu We FICA HOLTH DING TAX STATE TAX LOCAL TAX OTHER TOTAL DED.WEEK 06/30 07101 07102 07103 07104 07/05 07/06 HOURS WORKED EACH DAY No Work Performed. 0 s 0 S 0 S 0 s 0 s 0 s 0 s O s While completion of Form WH- 347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C. F. R. §§ 3,3, 5.5(a). The Copeland Act (40 U. S. C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "Eumish weekly a statement with respect to the wages paid each employee during the preceding week." U. S. Department of Labor (DOL) regulations at 29 C. F. R. § 5.5( a)( 3)( ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis- Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits. Public Burden Statement We estimate that it will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U. S. Department of Labor, Room S3502, 200 Constitution Avenue, N. W. Washington, D. C. 20210. Date U" I OI2010 I, Karen K. Vignocchi Secretary (Name of Signatory Party) (Title) do hereby state: (1) That I pay or supervise the payment of the persons employed by Keno &Sons Construction Company (Contractor or Subcontractor) Fieldstone Lift Station (Building or Work) that during the payroll period commencing on the 07 day of July 2016 and ending the 13 day of July 2016 all persons employed on said project have been paid the full weekly wages earned, That no rebates have been or will be made either directly or indirectly to or on behalf of said Keno &Sons Construction Company (Contractor or Subcontractor) from the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat, 357; 40 U.S.C. § 3145), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination Incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS 0 -In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH -Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except" as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION REMARKS: NAME AND TITLE FSIG Karen K. Vignocchi Secretary i /kTURE c a " - I THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION, SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE, U.S. Department of Labor PAYROLL Wage and Hour Division (For Contractor's Optional Use; See Instructions at www.dol.gov/esalwhd/forms/wh347instr.htm) WHO i Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Rev. Dec 2008 NAME OF CONTOR SUBCONTRACTOR L ADDRESS OMB No.: 1235-0008 Keno & Sons Construction Company 33 North Waukegan Road, Suite 204 Lake Bluff, Illinois 60044 Expires: 02/28/2018 PAYROLL NO, FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO, 24 07/13/2016 Fieldstone Lift Station Rehabilitation 86150164 5809 Fieldstone Trail, McHenry, IL 60050 (1) (2) (3) 0 _ (4) DAY AND DATE (5) (6) (7) (6) (9) NAME AND INDIVIDUAL Th Fr Sal Su Mo Tu We DEDUCTIONS IDENTIFYING NUMBER T GROSS NET WAGES SOCIAL SECURITY NUMBER) Ex EARNED (e.g., LAST FOUR DIGITS OF # or 07107 07106 07109 07/10 07111 07112 07113 TOTAL RATE AMOUNT WITH - WORK S HOLDING[S:TATE�[LOCAL TOTAL PAID FOR OF WORKER CLASSIFICATION T HOURS WORKED EACH DAY PAY PROJECT/ALL FICA TAX TAX OTHER DED. WEEK No Work Performed. i ( �7 While completion of Form WH-347 is optional, it is mandatory for covered contractors and subconractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C. F. R. §§ 3.3, 5.5(a). The Copeland Act (40 U. S. C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U. S. Department of Labor (DOL) regulations at 29 C. F. R. § 5.5( a)( 3)( ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis- Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits. Public Burden Statement We estimate that it will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and 'Hour Division, U. S. Department of Labor, Room S3502, 200 Constitution Avenue, N. W. Washington, D. C. 20210. Date 07/20/201a Karen K. Vignocchi (Name of Signatory Party) do hereby state: (1) That I pay or supervise the payment of the persons employed by Keno &Sons Construction Company (Contractor or Subcontractor) Fieldstone Lift Station (Building ar Work) Secretary (title) that during the payroll period commencing on the 14 day of July 2016 and ending the 20 day of July 2016 all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Keno &Sons Construction Company from the (Contractor or Subcontractor) full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat, 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below: (2) That any payrolls otherwise under this contract required to be submifted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination Incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: • (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS -In addition to the basic hourly wage -rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH -Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION REMARKS: NAME AND TITLE Karen K. Vignocchi Secretary SIGN TURE i VV THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATFAENTS MAY SUBJECT THECONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION, SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. U.5. Department of Labor PAYROLL Wage and Hour Division (For Contractor's Optional Use; See Instructions at www.dol.gov/esalwhd/forms/wh347instr.htm) Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. 1, U.S. Vdage and Hour Division Rev. Dec 2008 NAME OF CONTRACTOR M OR SUBCONTRACTOR Lj Keno & Sons Construction Company ADDRESS 33 North Waukegan Road, Suite 204 Lake Bluff, Illinois 60044 OMB No.: 1235-0008 Expires: 02128/2018 PAYROLL NO, 25 FOR WEEK ENDING 07/20/2016 PROJECT AND LOCATION Fieldstone Lift Station Rehabilitation 5809 Fieldstone Trail, McHenry, IL 60050 PROJECT OR CONTRACT NO. 86150164 (1) NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER) OF WORKER (2) # Ex (3) WORK CLASSIFICATION 0 T or S T (4) DAY AND DATE (5) TOTAL HOURS (6) RATE OF PAY (7) GROSS AMOUNT EARNED PROJECT/ALL (S) DEDUCTIONS (9) NET WAGES PAID FOR WEEK Th Fr Se Su Mo Tu We FICA WITH- HOLDING TAX STATE TAX LOCAL TAX OTHER TOTAL DED. 07114 07115 07/16 07117 07118 07119 07120 HOURS WORKED EACH DAY No Work Performed. 0 s 0 s 0 s 0 s IS1 0 s 0 S 0 s While completion of Form WH- 347 is optional, it is mandataryfor covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C. F. R. §§ 3.31 5.5(a). The Copeland Act (40 U. S. C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U. S. Department of Labor (DOL) regulations at 29 C. F. R § 5.5( a)(3)( ii) require contractors to submit weekly a copy of all payrolls to the Federal agency conVacting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis- Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits. Public Burden Statement We estimate that it will take an average of 55 minutes to complete this collection, including time, for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U. S. Department of Labor, Room S3502, 200 Constitution Avenue, N. W. Washington, D. C. 20210.' Date 07/27/2010 I, Karen K Vignocchi Secretary (Name of Signatory Party) (ritle) do hereby state: (1) That I pay or supervise the payment of the persons employed by Keno & Sons Construction Company on the (Contractor or Subcontractor) Fieldstone Lift Station ; that during the payroll period commencing (Building or Work) on the 21 day of July 2016 and ending the 27 day of July 2016 all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Keno &Sons Construction Company from the (Contractor or Subcontractor) full weekly wages eamed by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat, 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination Incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS Q An addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH -Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION REMARKS: 7 NAME AND TITLE Karen K. Vignocchi Secretary SIGNATURE r �i�-- THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTORTO CIVIL OR CRIMINAL PROSECUTION, SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. U.S. Department of Labor PAYROLL Wage and Hour Division (For Contractor's Optional Use; See Instructions at www.dol.gov/esalwhdlforms/wh347instr.htm) Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. U.S. Wage mad HO i Rev, Dec 2008 NAME OF CONTRACTOR d OR SUBCONTRACTOR Lj Keno & Sons Construction Company ADDRESS - 33 North Waukegan Road, Suite 204 Lake Bluff, Illinois 60044 OMB No._ 1235-0008 Expires: 02/28/2018 PAYROLL NO. 26 FOR WEEK ENDING 07/27/2016 PROJECT AND LOCATION Fieldstone Lift Station Rehabilitation 5809 Fieldstone Trail, McHenry, IL 60050 PROJECT OR CONTRACT NO, 86150164 (1) NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER) OF WORKER [Ex (3) WORK CLASSIFICATION O T or S T (4) DAY AND DATE (5) TOTAL HOURS (6) RATE OF PAY (7) GROSS AMOUNT EARNED PROJECT/ALL (B) DEDUCTIONS (9) NET WAGES PAID FOR WEEK Th Fr Sa Su Mo Tu We FICA WITH HOLDING TAX STATE TAX LOCAL TAX OTHER TOTAL DED. 07/21 07M 07123 07124 07125 07126 07/27 HOURS WORKED EACH DAY No Work Performed. 0 S 0 s 0 S 0 s 0 S 0 s 0 s 0 s While completion of Form WH- 347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C. F. R. §§ 3.3, 5.5( a). The Copeland Act (40 U. S. C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U. S. Department of Labor (DOL) regulations at 29 C. F. R. § 5.5( a)(3)( ii) require contractors to submitweekly a copy of all payrolls to the Federal agency contracting for orfinancing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis- Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits. Public Burden Statement We estimate that itwill take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U. S. Department of Labor, Room S3502, 200 Constitution Avenue, N. W. Washington, D. C. 20210. Date 08/03/2016 11 Karen K. Vignocchi Secretary (Name of Signatory Party) (Title) do hereby state: (1) That I pay or supervise the payment of the persons employed by Keno & Sons Construction Company on the (Contractor or Subcontractor) Fieldstone Lift Station that during the payroll period commencing (Building or Work) on the 28 day of July 2016 and ending the 03 day of August 2016 all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Keno &Sons Construction Company from the (Contractor or Subcontractor) full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below: (2) That any payrolls otherwise under this contract required to be submifted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination Incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS -In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH -Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION REMARKS: NAME AND TITLE Karen K. Vignocchi Secretary SIGNAT E `. THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION, SEE SECTION OF TITLE 31 OF THE UNITED STATES CODE. SUBJECT T TRACTOR OR 1001 OF TITLE 18 AND SECTION 231 U.S. Department OT Labor PAYROLL Wage and Hour Division (For Contractor's Optional Use; See Instructions at www.dol.gov/esa/whd/forms/wh347instr.htm) Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. A NAME OF CONTRACTOR L�n OR SUBCONTRACTOR LiADDRESS Keno & Sons Construction Company 33 North Waukegan Road, Suite 204 Lake Bluff, Illinois 60044 OMB No.: 1235-0008 Expires: 02/28/2018 PAYROLL NO, 27 FOR WEEK ENDING 08/03/2016 PROJECT AND LOCATION Fieldstone Lift Station Rehabilitation 5809 Fieldstone Trail, McHenry, IL 60050 PROJECT OR CONTRACT NO, 86150164 (1) NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER) OF WORKER (2) # Ex (3) WORK CLASSIFICATION O T or S T (4) DAY AND DATE (6) TOTAL HOURS (6) RATE OF PAY (7) GROSS AMOUNT EARNED PROJECT/ALL (8) DEDUCTIONS (9) NET WAGES PAID FOR WEEK Th Fr Sa Su Mo Tu We FICA WITH- HOLDINGKSTCAL TAXTAX OTHER TOTAL DED, 07/28 07129 07130 07/31 08101 08102 08103 HOURS WORKED EACH DAY No Work Performed. 0 s 0 s 0 s 0 S 0 s 0 S 1O 0 S s While completion of Form WH- 347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C. F. R. §§ 3.3, 5.5( a). The Copeland Act (40 U. S. C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to'Yurnish weekly a statement with respect to the wages paid each employee during the preceding week." U. S. Department of Labor (DOL) regulations at 29 C. F. R. § 5.5( a)(3)( ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis- Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits. Public Burden Statement We estimate that it will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U. S. Department of Labor, Room S3502, 200 Constitution Avenue N. W. Washington D. C. 20210. Date 08l10f2016 I, Karen K. Vignocchi (Name of Signatory Party) do hereby state: (1) That I pay or supervise the payment of the persons employed by Secretary (Title) Keno &Sans Construction Company on the (Contractor or Subcontractor) Fieldstone Lift Station that during the payroll period commencing (Building or Work) on the 04 day of August 2016 and ending the 10 day of August 2016 all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Keno &Sons Construction Company from the (Contractor or Subcontractor) full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 9482 63 Stat, 108, 72 Stat, 967; 76 Stat, 357; 40 U.S.C. § 3145), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination Incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a Sfiate apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS 4n addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH -Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION REMARKS: NAME AND TITLE Karen K. Vignocchi Secretary SIG AT RE THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE C TRACTOR OR SUBCONTRACTORTO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 1 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE, U.S. Department of Labor PAYROLL Wage and Hour Division MHO 9 (For Contractors Optional Use; See Instructions at www.dol.gov/esa/whd/formslwh347instr.htm) U.S. Wage and Hour Division Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Rev. Dec 2008 NAME OF CONTRACTOR L*1 OR SUBCONTRACTOR H ADDRESS OMB No.: 1235-0008 Keno & Sons Construction Company 33 North Waukegan Road, Suite 204 Lake Bluff, Illinois 60044 Expires: 02/28/2018 PAYROLL No, FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO, 28 08/10/2016 Fieldstone Lift Station Rehabilitation 86150164 5809 Fieldstone Trail, McHenry, IL 60050 (1) (2) (3) O (4) DAY AND DATE (5) (6) (7) (8) (9) NAME AND INDIVIDUAL Th Fr Sa Su IV Tu We DEDUCTIONS IDENTIFYING NUMBER T GROSS NET WAGES (e.g., LAST FOUR DIGITS OF # or 08/04 08105 08106 08/07 08/OS 08/09 08/10 TOTAL RATE AMOUNT WITH - SOCIAL SECURITY NUMBER) Ex WORK S HOURS OF EARNED HOLDING STATE LOCAL TOTAL PAID FOR OF WORKER CLASSIFICATION T HOURS WORKED EACH DAY PAY PROJECT/ALL FICA TAX TAX TAX OTHER DED, WEEK No Work Performed. t7 While completion of Form WH- 347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C. F. R. §§ 3.3, 5.5( a). The Copeland Act (40 U. S. C. § 3145) contractors and subcontractors pertorning work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U. S. Department of Labor (DOL) regulations at 29 C. F. R § 5.5( a)(3)( ii) require contractors to submit weekly a copy of aII payrolls to the Federal agency contracting {or orfinancing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis- Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits. Public Burden Statement We estimate that it will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U. S. Department of Labor, Room 33502, 200 Constitution Avenue, N. W. Washington, D. C. 20210. r Date 08/17/2016 I, Karen K. Vignocchi (Name of Signatory Party) Secretary (Title) do hereby state: (1) That I pay or supervise the payment of the persons employed by Keno & Sons Construction Company on the (Contractor or Subcontractor) Fieldstone Lift Station Ithat during the payroll period commencing (Building or Work) on the 11 day of August 2016 and ending the 17 day of August 2016 all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Keno & Sons Construction Company from the (Contractor or Subcontractor) full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination Incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS -In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH -Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION REMARKS: NAMEANDTITLE Karen K. Vignocchi Secretary SIGNAT RE �-c .-- THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT TH CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION, SEE SECTION 1001 OF TITLE 1 B AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. U.S. Department OT Labor PAYROLL Wage and Hour Division (For Contractor's Optional Use; See Instructions at www.dol.govlesalwhd/formslwh347instr.htm) Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. :I U.S. Wage and Hour Division Rev. Dec 2008 NAME OF CONTRACTOR OR SUBCONTRACTOR Lj Keno & Sons Construction Company ADDRESS 33 North Waukegan Road, Suite 204 Lake Bluff, Illinois 60044 OMB No.: 1235-0008 Expires: 02/28/2018 PAYROLL NO, 29 FOR WEEK ENDING 08/17/2016 PROJECT AND LOCATION Fieldstone Lift Station Rehabilitation 5809 Fieldstone Trail, McHenry, IL 60050 PROJECT OR CONTRACT NO. 86150164 (1) NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., LAST FOUR DIGITS OF SOCIALSECURITYNUMBER) OF WORKER (2) # Ex (3) WORK CLASSIFICATION 0 T °f S T (4) DAY AND DATE (5) TOTAL HOURS (6) RATE OF PAY (7) GROSS AMOUNT EARNED PROJECT/ALL (8) DEDUCTIONS (9) NET WAGES PAID FOR WEEK Th Fr Se Su Mo Tu We FICA WITH- HOLDING TAX STATE TAX LOCAL TAX OTHER TOTAL DED. 08111 08112 08/13 08114 08115 08116 OB/17 HOURS WORKED EACH DAY No Work Performed. D S 0 s 0 s 0 S 0 s 0 s 0 s 0 s While completion of Form WH- 347 is optional, it is mandatary for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C. F. R. §§ 3.3, 5.5( a). The Copeland Act (40 U. S. C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U. S. Department of Labor (DOL] regulations at 29 C. F. R § 5,5( a)(3)( ii) require contractors to submit weekly a copy of all payroils to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis- Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits. Public Burden Statement We estimate that itwili take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U. S. Department of Labor, Room S3502, 200 Constitution Avenue, N. W. Washington, D. C. 20210. Date 08/24/201 a I, Karen K. Vignocchi (Name of Signatory Party) do hereby state: (1) That I pay or supervise the payment of the persons employed by Keno &Sons Construction Company (Contractor or Subcontractor) Fieldstone Lift Station (Building or Work) Secretary (title) that during the payroll period commencing on fihe 18 By of August 2016 and ending the 24 day of August 2016 all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Keno &Sons Construction Company from the ( Contractor or Subcontractor) full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat, 357; 40 U.S.C. § 3145), and described below. (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination Incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS -In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. 0 (b) WHERE FRINGE BENEFITS ARE PAID IN CASH -Each laborer or mechanic listed in Lite above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION REMARKS: NAME AND TITLE Karen K. Vignocchi Secretary SIGNAT RE ` / THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECTTHFXC NTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION, SEE SECTION 1001 OF TITL B AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. U.S. Department of Labor PAYROLL Wage and Hour Division (For Contractor's Optional Use; See Instructions at www.dol.gov/esa/whd/forms/wh347instr.htm) Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. U.S. Wage and Hour Division Rev. Dec 2008 NAME OF CONTRACTOR M OR SUBCONTRACTOR Keno & Sons Construction Company ADDRESS 33 North Waukegan Road, Suite 204 Lake Bluff, Illinois 60044 OMB No.: 1235-0008 Expires: 02/28/2018 PAYROLL NO, FOR WEEK ENDING PROJECTAND LOCATION PROJECT OR CONTRACT NO, 30 Final 08/24/2016 Fieldstone Lift Station Rehabilitation 86150164 5809 Fieldstone Trail, McHenry, IL 60050 (1) NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER) OF WORKER (2) # Ex (3) WORK CLASSIFICATION O T or S T (4) DAY AND DATE (5) TOTAL HOURS (6) RATE OF PAY (7) GROSS AMOUNT EARNED PROJECT/ALL (8) DEDUCTIONS (9) NET WAGES PAID FOR WEEK Th Fr Sa Su Mo Tu We FICA WITH HOLDING TAX STATE TAX LOCAL TAX OTHER TOTAL DED. 08/18 08/19 08120 08121 08/22 08/93 08/24 HOURS WORKED EACH DAY Perez, Gabriel 2009 Kellogg Street Laborer 0 0 0 0 0 0 0 0 0 40,20 160.80 Waukegan, IL 60087 0 126.09 300.00 60,24 0.00 61,81 548,14 1100006 )=O ) X-5032 sex. M Ethnicity: S 0 0 0 0 0 0 4 4 40,20 1648.2D # 17992 Perez, Jesus R. 2219 Lydia Avenue Labor Foreman 0 0 0 0 0 0 0 0 0 42,40 169,60 Zion, IL 60099 x *)ax 8028 0 Sex Ethnicity:02a 1761,85 134,79 329,00 64,50 0.00 66,07 594,36 1167,49 # 17993 S 0 0 0 0 0 0 4 4 42,40 0 S 0 S 0 S 0 S 0 S 0 S While completion of Form WH- 347 is optional, if is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C. F. R. §§ 3.3, 5.5( a). The Copeland Act (40 U. S. C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "famish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) regulations at 29 C. F. R. § 5.5(a)(3)( ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis- Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits. Public Burden Statement We estimate that it will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U. S. Department of Labor, Room S3502, 200 Constitution Avenue, N. W. Washington, D. C. 20210. Change Order No. 2 Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: McHenry Fieldstone Lift Station Rehab City of McHenry M99938 Contract: Dale of Contract: 11/18/2015 Contractor: Keno & Sons Construction Company project No.: 86150164 The Contract Documents are modified as follows upon execution of this Change Order: Description: Change is T&M cost to make adjustments to the existing concrete fillets at the bottom of the wet well. These fillets were not able to be seen until the work was underway and the wet well was taken out of service. Addendum #2 issued during the bidding process requested that the contractors not include any time in their bid, but rather that this would be handled during construction. Attachments: (List documents supporting change): CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: ❑ Working days ❑ Calendar days Substantial completion (days or date): $ 169,000,00 Ready for final payment (days or date): Increase [Demise] from previously approved Change [Increase] [Decrease] from previously approved Change Orders Orders No. 1 to No. 2 No. to No. Substantial completion (days): $ 18,078,00 Ready for final payment (days): Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): $ 187,078.00 Ready for final payment (days or date): Increase [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order: Substantial completion (days or date): $ 1,248.00 Ready for final payment (days or date): Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion (days or date): $ 188,326,00 Ready for final payment (days or date): RECOMMENDED: 71 Engineer (Autho%razed gnature) Date: Approved by Funding Agency (if applicable): ACCEPTED: sy: Date: Owner (Authorized Signature) ACCEPTED: ay: _ Date: Date: Contractor (Authorized Signature} McHenry Fieldstone Lift Station Rehab CHANGE ORDER Project No. 86150164 CO-2 Office of the City Administrator Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: October 17, 2016 TO: Mayor and City Council FROM: Bill Hobson, Deputy City Administrator RE: Knox Park Bike Path Bike Path Additional Work ATT: Project Map Project Addition AGENDA ITEM SUMMARY: Council is being asked to consider a budget amendment to allow for additional paving work to occur in conjunction with the Illinois Enhancement Transportation Program (ITEP) Grant for the installation of a bike path encompassing Knox Park. BACKGROUND/ANALYSIS: At the June 6, 2016 City Council meeting Staff presented a request for the approval for the Municipal Bike Path Improvements Construction Engineering Services Agreement, the Local Agency Agreement for Federal Participation, and the Resolution approving an Intergovernmental Agreement with the State of Illinois and the City of McHenry appropriating funds for the Municipal Bike Path Improvement Project. The subsequent approval of these items were the final steps for the city to proceed with the development of the proposed bike path connecting the McHenry Recreation Center to the existing bike path and expanding the path to encircle Knox Park and tie the path back to Green Street. A map of the project is attached. The City was award an ITEP Grant in October of 2015 for this work. The grant award was for a maximum project cost of $358,840 with an 80/20 cost distribution (80% ITEP Grant/20% City funding) based on the bid award for the project. As identified in the CIP and budget, the City's portion of the project was proposed to be paid with non -General Fund dollars from the Recreation Center Construction Fund. The original project as presented in the grant application included a construction estimate of $4081550 ($3261840 ITEP/$81,710 City). The [DOT accepted bid for the construction costs came in at $220,187.29, thereby reducing the City's 20% match to $44,037.46. In an effort to reduce project costs as part of the original ITEP Grant submittal, the City narrowed the scope of the pathway to areas that were not already improved and purposefully omitted the gravel area around and between the softball fields. However, when bids were received at well below initial projections staff reexamined the possibility of completing the full path in asphalt (i.e., completing the previously omitted areas) at this time resulting in a much more significant improvement to the area around the softball complex and overall park. Staff met with the project engineer and with Maneval Construction representatives to discuss paving around and between the ballfields as well as under the bleachers to create a clean pedestrian/bike friendly area for the entire park walking loop as well as for the significant number of participants that participate in City Softball leagues. A map of the proposed additional work is attached. Based on this meeting, and at the request of staff, Maneval has agree to extend all of the project bid amounts as proposed in the ITEP project to correspond to the requested project resulting in a time and material bid estimate of $18,371.20. Maneval will provide this bid in writing to Staff if Council should concur with this request. Due to the strict IDOT guidelines regarding the modification of construction limits for approved projects, in the need for the entire project to be reengineered and therefore delayed, this additional work requires completion under a separate agreement between the City and Maneval Construction. In other words, it cannot be incorporated in to the scope of the ITEP Grant. In staffs opinions this is an excellent opportunity to complete the entire path project, as originally envisioned, resulting in significant improvements to one of our premier parks and creating an important linkage to the Municipal Center and McHenry Recreation Center campus. In addition, the City is able to take advantage of competitively bid costs from the overall project for the addition of this smaller project. Also, the City's overall costs compared to those identified as part of the original ITEP Grant will total $62,408.66, or $19,301.34 LESS than the estimated amount of $81,710. RECOMMENDATION: Therefore, if City Council concurs, it is recommended that a motion be made authorizing the acceptance and execution of a time and material proposal from Maneval Construction Inc. for paving in conjunction with the Knox Park ITEP Bike Path project in the amount of $18,371. E% BIKE PATH o� o 0 44 PIN OE THE MCXENRT RECREATION CENTER I:17R KNDX DRIVE ---- --- - rm: �—PflOP. BIK"od� Tj IE. Pai•H� � - �i KNDX PARK PROP. BIKE PATH CT ENDS field � Z NAME . exerv.e I USERDEsicnaD - REVISED - MCHENRY MUNICIPAL BIKE PATH RTE° SECTION cOurviY SHEETS SHEET ®FILE HRGmen.evm �xAa.•Nm.�O.OP,N,.. PILE NAME • e+�.. P.eM E.n�s+edy,� STATE OF ILLINOIS ENVIRONMENTAL SURVEY REQUEST IXHIBR DRAWN - REVISED - 18-00000-00-BT MCXENRT •+�^+� PLOT SCALE • DEPARTMENT OF TRANSPORTATION CHECKED - I REVISED - CONTRACT NO, HRGRen yr oars • snTixels PATE - I REVISED - SCALE: ]"•BO' ISHEET N0. OF SHEETS I STA, TO STA. REGULAR MEETING August 1, 2016 Mayor Low called the regularly scheduled August 11 2016 meeting of the McHenry City Council to order at 7:00 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Curry, Wimmer, Peterson and Condon. Absent: None. Also in attendance: City Administrator Morefield, Deputy City Administrator Hobson, Director of Economic Development Martin, Director of Community Development Polerecky, Director of Public Works Schmitt, Chief of Police Jones, City Attorney McArdle and City Clerk Jones. CITY OF MCHENRY MISSION STATEMENT Mayor Low read aloud the Mission Statement of the City of McHenry. PUBLIC INPUT SESSION Ms. Charlaine Tiffany of 4411 Home Avenue, McHenry, Illinois addressed Council regarding the proposed establishment of Stella's Place at 4400 West Elm Street. Ms. Tiffany informed Council that she was in possession of two full pages of signatures in opposition to another video gambling establishment. Ms. Tiffany stated there are already too many video gambling establishments in operation and that they should be limited. Ms. Tiffany implored Council to consider limitations on the video gambling establishments located in the City of McHenry. CONSENT AGENDA A. Ordinance Amending Various Sections of Municipal Code Chapter 12, Article III, Raffles; B. Award of Bid for 2016 Fall Tree Planting Program to Acres Group, for an amount not to exceed $120,600; C. Change Order in the Amount of $255.65 and Final Payment of $24,143.15, to Virgil Cook & Son for Construction of the Crystal Lake Road/Dartmoor Drive Traffic Signal Project; D. Three -Year Contract Extension with Optional Two -Year Extension, at a Cost of $7,750 Per Month with In -Pipe Technology for Wastewater Pretreatment Services; E. Illinois Department of Transportation Resolution Providing for the Retirement of Certain Municipal Indebtedness Using MFT Funds for Year 2014, in the amount of $436,760; F. Illinois Department of Transportation Resolution Providing for the Retirement of Certain Municipal Indebtedness Using MFT Funds for Years 2015, in the amount of $429,760; G. Ordinance Authorizing the Mayor's Execution of an Intergovernmental Agreement with Harvard Fire Protection District for Dispatch Services; H. Purchase of Nine (9) Police Dispatch Consoles from Watson Furniture Group for an Amount Not to Exceed $175,493.65 through the National Cooperative Purchasing Alliance; I. Temporary Use Permit for an Outdoor Tent Sale requested by The Roomplace, 2221 N. Richmond Road, on August 16 through August 22, 2016; J. Special Event Liquor License requested by the VFW Post 4600 Men's Auxiliary for Outdoor Sales of Beer During Annual Car, Truck & Bike Show on August 13, 2016; K. Temporary Closure of a Portion of Springdale Lane in Pheasant Valley Subdivision for a Block Party on August 13, 2016, from 5:00 pm to 10:00 pm; L. Parks Special Use/Beer & Wine Permits; and M. Approval of Payment of Bills, in the amount of $843,578.69. Motion by Wimmer, second by Condon, approving Consent Agenda, as presented. Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Regular Meeting Page 2 August 1, 2016 Voting Nay: None. Absent: None. Motion carried. MOTION TO APPROVE AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A TAVERN AT 2816 WEST ROUTE 120 D/B/A UPROOTED RESTAURANT Director of Economic Development Martin requested Council's consideration a Conditional Use Permit to allow a tavern at 2816 W. Illinois Route 120, McHenry, Illinois. Director Martin provided Council with a background regarding several properties east of the Fox River, which were annexed in 1996 when the sewer main was extended. At that time, the property located at 2816 W. Route 120 was rezoned to G5 (Highway Commercial District) and granted a Conditional Use Permit to allow a restaurant/bar with live entertainment and dancing with a game room; an outdoor recreational establishment with horseshoe pits and outdoor service of food and alcohol on the deck (ORD-9&776). Director Martin informed Council the property was formerly arestaurant/bar, but has been vacant for in excess of one year. The applicant, d/b/a Uprooted Restaurant, has completed a significant amount of work inside and outside the building in an effort to reopen the restaurant. While the 1996 Ordinance is still valid, it only permits the site to be utilized as a restaurant/bar, as distinct from being used solely as a bar. Having completed a significant amount of work the applicant would like to open as a tavern while completing renovations and then opening as a full service restaurant. At this time, the applicant is requesting a Conditional Use Permit to allow a tavern on the subject property, allowing all other aspects of the existing Ordinance to remain. Staff is of the opinion the proposed tavern use is an appropriate land use for the subject property and will not produce any additional adverse impacts to traffic, environment, neighborhood, public service and facilities, or public safety and health, than would any other permitted use in the G5 Zoning District. The site has been used as a restaurant/bar for numerous years. Having the ability to operate as a tavern prior to opening as a full -service restaurant and bar will enable the proprietor/applicant to complete the renovations, which he has been working on for over a year. Director Martin noted the Planning and Zoning Commission unanimously recommended approval (7-0) of a Conditional Use Permit to allow a tavern at 2816 W. Illinois Route 120. Mayor Low informed Council that she has visited the site and a tremendous amount of work has been done. The establishment looks wonderful. Alderman Santi concurred with Mayor Low. Applicant has done an amazing job. Alderman Glab wished the applicant well. Regular Meeting Page 3 August 1, 2016 Motion by Santi, second by Condon, approving the Ordinance granting a Conditional Use Permit to allow a tavern at 2816 W. Illinois Route 120, McHenry, Illinois. No Action Taken. Responding to Alderman Curry's concerns regarding why the City is issuing a Conditional Use Permit, rather than a Temporary Use with time restrictions, Director Martin informed Council that either could be used, each has restrictions and restrictions can be imposed according to Council. Alderman Curry stated that he is not comfortable with the permanency of the Conditional Use Permit and suggested modifying the Motion to include restrictions. Mr. Dan Smith, applicant, addressed Council citing his reasoning behind the request to open the tavern while continuing work on the full -service restaurant. He assured Council he would be opening the restaurant within a 12-month period. Responding to an inquiry from Council, Director of Community Development Polerecky informed Council the City is in possession of a full set of plans for the development of the property. Alderman Condon opined that she in not concerned with the project being done in phases adding she wants the City of McHenry perceived as a community that is business oriented. Mayor Low stated that she, City Administrator Morefield, and Director of Community Development Polerecky had discussed, prior to making a determination, whether a Temporary Use or a Conditional Use was appropriate in this instance. It was determined a Conditional Use is appropriate. City Attorney McArdle informed Council that in order to amend the Motion, it must be restated, seconded and voted on. If the amended Motion is not passed then it goes back to the original Motion. Motion by Curry, second by Glab, to amend the Ordinance to include the following verbiage: "This Conditional Use shall expire one (1j year from the date of issuance, unless extended by Council." No Action Taken. Alderman Wimmer informed Council he is unable to support the suggested amendment and opined the original Motion should stand, as presented. Responding to an inquiry from Council, City Attorney McArdle stated that if Council takes no action, the Petitioner/Applicant is required to go back and begin at square one. Regular Meeting Page 4 August 1, 2016 Alderman Santi stated that he does not have an issue with Alderman Curry's suggested amendment. It would only require the applicant to come before Council again, should the restaurant not be open within the 12-month period. It Smith emphatically stated that he intends to open the restaurant as he has already invested a significant amount of money in the establishment. Alderman Glab opined that Alderman Curry's amendment demonstrates the Council is being responsible. Motion by Santi, second by Curry, approving the Ordinance granting a Conditional Use Permit to allow a tavern at 2816 W. Illinois Route 120, McHenry, Illinois, with an amendment to be included in the Ordinance that the Conditional Use shall expire two (2) years from the date of issuance, unless extended by Council. Voting Aye: Santi, Glab, Curry, Schaefer. Voting Nay: Wimmer, Peterson, Condon. Absent: None. Motion carried. Motion by Santi, second by Curry, approving the Ordinance granting a Conditional Use Permit to allow a tavern at 2816 W. Illinois Route 120, McHenry, Illinois, amending the amendment, as amended. Voting Aye: Santi, Glab, Curry, Schaefer, Condon. Voting Nay: Wimmer, Peterson. Absent: None. Motion carried. MOTION TO APPROVE A SIGN VARIANCE REQUESTED BY UPROOTED RESTAURANT, 2816 W. ROUTE 120 TO UTILIZE CURRENT NON -CONFORMING SIGN FOR NO LONGER THAN ONE YEAR Director of Economic Development Martin informed Council that a sign variance has been requested to allow the current non -conforming sign, located at 2816 Illinois Route 120, at Uprooted Restaurant be utilized until the restaurant portion of the business is opened or, one year from approval, whichever is less. Director Martin reiterated to Council that the applicant recently purchased the property formerly known as Monaco's located at 2816 Route 120, McHenry, Illinois and that the applicant has performed extensive interior and exterior renovations to the property. The alterations include updated facades and new sidewalks on the exterior and an entire new bar area and bathroom facilities to the interior. Additionally, the owner has informed Staff that they would be hooking up to City water and sewer and applicant is currently working with Staff Regular Meeting Page 5 August 1, 2016 at the City, the McHenry County Department of Health and contractors to get this accomplished. The property is currently on well and septic. The current sign is a non -conforming sign due to setback and height; the applicant would like to utilize the current sign until the restaurant portion of the business opens. Staff has met with the owners of the premises to discuss a new sign location. The purpose for the variance is to allow the business to open and start receiving some income as they continue to work on the opening of the restaurant portion of the business and renovation of the building. The owners have complied with all Building Codes and Ordinances during the renovation process. Staff is confident should the sign variance be approved, it would permit the owners to concentrate their efforts on opening the restaurant more quickly which in turn would permit the owners to update the signage and meet all City Ordinances. Motion by Santi, second by Schaefer, approving the sign variance for Uprooted Restaurant, located at 2816 Illinois Route 120, McHenry, Illinois, to allow them to utilize the current non -conforming sign for a period of no more than one (1) year, at which time a new Sign Permit shall be submitted for review by the City of McHenry complying with all Building Codes and Ordinances. No Action Taken. Alderman Condon suggested that with the Conditional Use voted on to expire two (2) years from the date of issuance it only makes good sense to extend the period of time for the sign variance for two years. Motion by Condon, second by Wimmer, approving the sign variance for Uprooted Restaurant, located at 2816 Illinois Route 120, McHenry, Illinois, to allow the applicant to utilize the current non -conforming sign for a period of no more than two (2) years, at which time a new Sign Permit shall be submitted for review by the City of McHenry complying with all Building Codes and Ordinances. Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Wimmer, second by Condon, approving the motion to amend the original motion, as presented. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent. None. Motion carried. Regular Meeting Page 6 August 1, 2016 MOTION TO APPROVE AN ORDINANCE AUTHORIZING A VARIANCE TO THE OFF STREET PARKING AND LOADING REQUIREMENTS FOR IVICHENRY MARKET PLACE SHOPPING CENTER LOCATED AT 4400 WEST ELM STREET Director of Economic Development Martin informed Council that a request has been made to consider a variance from the off-street parking and loading requirements for McHenry Market Place Shopping Center to allow a Stella's Place Cafe at the premises located at 4400 W. Elm Street, Unit M, McHenry, Illinois. Director Martin stated the applicant is proposing to utilize a 2,000 square foot unit (Unit M) on the west side of the lot. The lot was formerly occupied by a dry cleaning business but has been vacant for several years. The proposed restaurant requires 25 spaces/1,000 of net floor area, or a total of 43 parking spaces. Due to the 4 space/1,000 square foot shopping center parking requirement the "M" unit was allocated seven (7) spaces as part of the overall requirement for the center, therefore, a 36 Parking Space Variance is required. Director Martin noted that Stella's currently operates a location at 1720 N. Richmond Road in the McHenry Plaza Shopping Center. Director Martin reported that at the January 21, 2016 City Council meeting, a request for a Conditional Use Permit to allow a tavern at 4400 W. Elm, Unit M, and parking variance were not approved. The proposed request under consideration is for a parking variance only and does not include a Conditional Use for a tavern, as Stella's Place is a restaurant, which is consistent with their current location in the McHenry Plaza Shopping Center. Director Martin added a restaurant requires more parking spaces than a tavern. Director Martin informed Council that during public input at the Planning and Zoning Commission meeting opposition was expressed regarding the video gaming establishment by an adjacent property owner, as well as by one of the adjacent tenants within the shopping center. The Planning and Zoning Commission unanimously recommended approval (&0) of a 3&space parking variance from the off-street parking requirements at 4400 W. Elm Street, McHenry Place Shopping Center, McHenry, Illinois with certain conditions. Alderman Condon opined that while she is agrees there appears to be an abundance of video gaming establishments the City does not regulate the type of business that may be established at a given site. Alderman Condon stated she is not a proponent of video gaming and would consider a moratorium on video gaming establishments however because the City does not have any restrictions in place, she has concerns about limiting a business use the City currently permits. Alderman Glab opined that he does not believe that reducing the parking spaces and providing a Parking Variance is conducive to improving business. Alderman Glab expressed concern regarding the number of video gaming establishments that have opened in the City of Regular Meeting Page 7 August 1, 2016 McHenry and stated he finds it difficult to support another. Alderman Schaefer, Alderman Curry, Alderman Wimmer and Alderman Peterson concurred with Alderman Glab. Motion by Condon, second by Wimmer, approving an Ordinance authorizing a Variance to the off street parking and loading requirements for McHenry Market Place Shopping Center located at 4400 West Elm Street, as presented, with the following conditions: • Commercial and recreational vehicles and/or trailers, as defined in the City's Zoning Ordinance, are prohibited from being parked, placed, stored, maintained and/or located immediately adjacent to Elm Street and/or Oak Street right-of- way, such as, but not limited to the Aaron's Rent -A -Center truck, unless prior approval is sought and obtained from the City; • All dumpster enclosures in disrepair on the subject property, including but not limited to the enclosure to the west of Unit M and enclosure to the north of Alexander's Pawn Shop, shall be repaired or replaced within 60-days of the City Council's approval of the Parking Variance request; • If Stella's ceases its business operation at the subject property, the Parking Variance shall be null and void. Ceasing business operation shall be defined as permanent closure of the business for three (3) consecutive months, but shall not include an act of God, which is the proximate cause attributable to the business ceasing operation. Voting Aye: Condon. Voting Nay: Santi, Glab, Schaefer, Curry, Wimmer, Peterson. Absent: None. Motion denied. CONDITIONED UPON APPROVAL OF AGENDA ITEM NO. 9, MOTION TO APPROVE A REQUEST FOR A CLASS H LIQUOR LICENSE FROM ANGELO'S MCHENRY LLC D/B/A STELLA'S PLACE, LOCATED AT 4400 WEST ELM STREET, UNIT M, AND ORDINANCE INCREASING THE NUMBER OF CLASS H LIQUOR LICENSES IN EFFECT FROM FIVE (5) TO SIX (6) Due to denial of the preceding motion, this item was withdrawn from the Agenda. MAYOR'S STATEMENT AND REPORT Mayor Low had no Statement or Reports. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS Deputy City Administrator Hobson reported the Rotary Blues, Brews and BBQ event would take place in Petersen Park from August 5 through August 7, 2016. Regular Meeting Page 8 August 1, 2016 Deputy City Administrator Hobson stated that on August 14, 2016 in Veterans Memorial Park at 5:00 pm, the City of McHenry would observe "Keep the Spirit of'45 Alive." FUTURE AGENDA ITEMS Alderman Santi requested a Committee of the Whole meeting to discuss video gaming. Mayor Low reiterated that Council had determined at an earlier date that video gaming was to be discussed at the Committee level. Mayor Low informed Council the Community Development Committee has the topic on their Agenda for the meeting scheduled on July 29, 2016. ADJOURNMENT Motion by Wimmer, seconded by Santi, to adjourn the meeting at 7:58 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 7:58 pm. Mayor City Clerk Expense Approval Register McHenry, IL LIST OF BILLS COUNCIL MEETING 10/17/16 ilLe nr Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: ACE HARDWARE, MCHENRY ACE HARDWARE, MCHENRY 100-01-6110 SUPPLIES 8/29/1&9/25/16 10/17/2016 11.00 ACE HARDWARE, MCHENRY 100-33-5370 SUPPLIES 8/29/16-9/25/16 10/17/2016 40.96 ACE HARDWARE, MCHENRY 100-33-6110 SUPPLIES 8/29/16-9/25/16 10/17/2016 113.49 ACE HARDWARE, MCHENRY 10045-6110 SUPPLIES 8/29/16-9/25/16 10/17/2016 70.56 ACE HARDWARE, MCHENRY 400-00-6110 SUPPLIES 8/29/16-9/25/16 10/17/2016 12.12 ACE HARDWARE, MCHENRY 510-31-6110 SUPPLIES 8/29/16-9/25/16A 10/17/2016 192.39 ACE HARDWARE, MCHENRY 510-31-6270 SUPPLIES 8/29/16-9/25/16A 10/17/2016 173,39 ACE HARDWARE, MCHENRY 510-32-6110 SUPPLIES 8/29/16-9/25/16A 10/17/2016 204.72 ACE HARDWARE, MCHENRY 510-35-6110 SUPPLIES 8/29/1&9/25/16A 10/17/2016 84.76 Vendor ACE HARDWARE, MCHENRY Total: 903.39 Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, RA 100-45-6110 SUPPLIES 788020 10/17/2016 44.03 Vendor ADAMS ENTERPRISES INC, R A Total: 44.03 Vendor: ADVANTAGE BEHAVIORAL HEALTH ADVANTAGE BEHAVIORAL 100-01-5110 CONTRACTUAL SERVICES 10489 10/17/2016 1,287.00 Vendor ADVANTAGE BEHAVIORAL HEALTH Total: 1,287.00 Vendor: AIKEN, PAULA AIKEN, PAULA 100-41-5110 REIMB FARMERS MARKET INV0002835 10/17/2016 30.00 Vendor AIKEN, PAULA Total: 30.00 Vendor: ALPHA BUILDING MAINTENANCE SERVICE INC ALPHA BUILDING 400-00-5200 OCT 2016 JANITORIAL 17108MC 10/17/2016 2,080.00 Vendor ALPHA BUILDING MAINTENANCE SERVICE INC Total: 2,080.00 Vendor, AMERICAN RED CROSS AMERICAN RED CROSS 100-47-5430 CPR/AED RECERTIF 1437 10/17/2016 54.00 Vendor AMERICAN RED CROSS Total: 54.00 Vendor: AT&T LONG DISTANCE AT&T LONG DISTANCE 100-01-5320 LONG DISTANCE INV0002850 10/17/2016 11625,38 AT&T LONG DISTANCE 100-22-5320 LONG DISTANCE INV0002850 10/17/2016 45.38 AT&T LONG DISTANCE 100-33-5320 LONG DISTANCE INV0002850 10/17/2016 2.90 AT&T LONG DISTANCE 100-45-5320 LONG DISTANCE INV0002850 10/17/2016 4.58 AT&T LONG DISTANCE 510-32-5320 LONG DISTANCE INV0002857 10/17/2016 6.37 Vendor AT&T LONG DISTANCE Total: 1,684.61 Vendor: AT&T AT&T 100-45-5320 ALARM CIRCUITS 8/29/16-9/28/16 10/17/2016 114.15 AT&T 100-33-5515 ALARM CIRCUITS 10/1-10/31/16 10/17/2016 114.49 Vendor AT&T Total: 228.64 Vendor: BANK OF NEW YORK MELLON, THE BANK OF NEW YORK MELLON, 510-32-7300 ADMIN FEE & AGENT FEE 2524975159 10/17/2016 11052,50 Vendor BANK OF NEW YORK MELLON, THE Total: 1,052.50 Vendor: BHHS START( REAL ESTATE BHHS STARK REAL ESTATE 100-00-3410 TEMP SIGN REFUND -PERMIT PERMIT 16-08-101 10/17/2016 30.00 Vendor BHHS STARK REAL ESTATE Total: 30.00 Vendor: BIG R STORE BIG R STORE 100-33-6110 SUPPLIES SEPT 2016 10/17/2016 211.86 Vendor BIG R STORE Total: 211.86 Vendor: BIRK, ADRIANA BIRK, ADRIANA 100-22-5420 TRAVELREIMB 16080 10/17/2016 146,00 Vendor BIRK, ADRIANA Total: 146.0D 10/12/2016 12:42:47 PM Expense Approval Register Vendor Name Account Number Vendor:BLACKSTONELANDSCAPEINC BLACKSTONE LANDSCAPE INC 500-33-5110 BLACKSTONE LANDSCAPE INC 100-41-5110 BLACKSTONE LANDSCAPE INC 510-31-5110 BLACKSTONE LANDSCAPE INC 510-32-5110 Vendor: CABAY &COMPANY INC CABAY & COMPANY INC 400-00-6120 Vendor: CALAHAIV, SANDRA CALAHAN, SANDRA 100-41-5110 Vendor: CARPENTRY DEVELOPMENT COMPANY CARPENTRY DEVELOPMENT 280-00-6990 Vendor: CENTEGRA OCCUPATIONAL HEALTH CENTEGRA OCCUPATIONAL 100-01-5110 CENTEGRA OCCUPATIONAL 610-00-6940 Vendor: CENTURY SPRINGS CENTURY SPRINGS 510-32-6110 Vendor: CINTAS CORPORATION LOC 355 CINTAS CORPORATION LOC 355 10D-33-4510 CINTAS CORPORATION LOC 355 100-33-6110 CINTAS CORPORATION LOC 355 510-354510 Vendor: COMCAST CABLE COMCASTCABLE 620-00-5110 COMCAST CABLE 620-00-5110 COMCASTCABLE 620-00-5110 COMCAST CABLE 620-00-5110 COMCAST CABLE 620-00-5110 COMCASTCABLE 620-00-5110 Vendor: COMED COMEb 400-00-5110 COMED 510-31-5510 COMED 510-32-5510 COMED 510-31-5510 COMED 510-32-5510 Vendor: COMMUNICATIONS REVOLVING FUND COMMUNICATIONS 620-00-5110 Vendor: CONSERV FS CONSERV FS 100-45-6110 Vendor: CONSTELLATION NEWENERGY INC CONSTELLATION NEWENERGY 510-31-5510 CONSTELLATION NEWENERGY 510-32-5510 CONSTELLATION NEWENERGY 510-31-5510 CONSTELLATION NEWENERGY 100-33-5520 CONSTELLATION NEWENERGY 100-33-5520 CONSTELLATION NEWENERGY 10042-5510 CONSTELLATION NEWENERGY 100-44-5510 CONSTELLATION NEWENERGY 10045-5510 Description (Item) MONTHLY MAINTENANCE - MONTHLY MAINTENANCE - MONTHLY MAINTENANCE - MONTHLY MAINTENANCE - CUSTODIAL SUPPLIES Payable Number 2016-E06038 2016-E06038 2016-E06038A 2016-E06038A 56134 Packet: APPKT00609-10-1746 AP CKS Post Date 10/17/2016 10/17/2016 10/17/2016 10/17/2016 Vendor BLACKSTONE LANDSCAPE INC Total: 10/17/2016 Vendor CABAY &COMPANY INC Total: REFUND FARMERS MARKET INV0002836 10/17/2016 Vendor CALAHAN, SANDRA Total: REFUND OF FIRE PROT DIST INVO002807 10/17/2016 Vendor CARPENTRY DEVELOPMENT COMPANY Total: MEDICALSERVICES 177246 10/17J2016 MEDICALSERVICES 177322 10/17/2016 Vendor CENTEGRA OCCUPATIONAL HEALTH Total: SUPPLIES SEPT 2016 10/17/2016 Vendor CENTURY SPRINGS Total: EMPLOYEE CLOTHING ALLOW 9/1/16-9/30/16 10/17/2016 EMPLOYEE CLOTHING ALLOW 9/1/16-9/30/16 10/17/2016 EMPLOYEECLOTHING ALLOW 9/1-9/30/16 10/17/2016 Vendor CINTAS CORPORATION LOC 355 Total: RECOENTER-INTERNET 333 SCREEN -CABLE N INTERNET-105 N GREEN INTERNET- 333 S GREEN CABLE TV/INTERNET 222 CABLE TV/INTERNET 1415 UTILITIES UTILITIES UTILITIES PUMPING FEES PUMPING FEES AUG 2016 COMMUN CHGES 10/3-11/2/16 10/8-11/7/16 INV0002808 INV0002809 10/11/1641/10/16 10/12-11/11/16 8/25/16-9/24/16 8/25/16-9/24/16A 8/25/16-9/24/16A 8/25/16-9/26/16 8/25/16-9/26/16 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 Vendor COMCAST CABLE Total: Amount 2,051.00 7,346.40 1,008.00 679.60 11,085.00 608.95 608.95 80.00 16,309.00 16,309.00 77.00 60.00 137.00 40.75 40.75 151.40 104.48 348.16 604.04 124.90 31.75 84,90 164.85 142.04 120.49 10/17/2016 361.87 10/17/2016 301.25 10/17/2016 128.89 10/17/2016 327.64 10/17/2016 1,573.43 Vendor COMED Total: 2,693.08 T8889024 10/17/2016 10.00 Vendor COMMUNICATIONS REVOLVING FUND Total: 10.00 SUPPLIES 65020833 10/17/2016 839.52 Vendor CONSERV FS Total: 839:52 PUMPING FEES 8/23/16-9/22/16 10/17/2016 71878.41 PUMPING FEES 8/23/16-9/22/16 10/17/2016 24,191.10 PUMPING FEES 8/23/16-9/22/16A 10/17/2016 2,892.74 UTILITIES 8/23/16-9/23/16 10/17/2016 31140.16 UTILITIES 8/25/16-9/22/16 10/17/2016 221141.56 UTILITIES 8/25/16-9/22/16 .10/17/2016 716.69 UTILITIES 8/25/16-9/22/16 10/17/2016 30.85 UTILITIES 8/25/16-9/22/16 10/17/2016 498.58 10/12/2016 12:42:47 PM Expense Approval Register Vendor Name Account Number CONSTELLATION NEWENERGY 100-46-5510 CONSTELLATION NEWENERGY 510-32-5510 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 620-00-6110 CRESCENT ELECTRIC SUPPLY CO 620-00-6270 Vendor: CRISPE, MALORIE CRISPE, MALORIE 10041-5110 Vendor: CROWNE PLAZA CROWN PLAZA 100-22-5420 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 Vendor:DAV,LAURA DAY, LAURA 10041-5110 Vendor: DIXON ENGINEERING INC DIXON ENGINEERING INC 740-00-5220 DIXON ENGINEERING INC 740-00-5220 Vendor: DOOR SERVICE INC DOOR SERVICE INC 10D-01-5110 Vendor: DURA WAX COMPANY INC, THE DURA WAX COMPANY fNC, THE 100-01-6110 Vendor: EDER CASELLA & CO EDER CASELLA & CO 230-00-5110 Vendor: ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP ED'SAUTOMOTIVE/JIM'S 100-33-5370 ED'SAUTOMOTIVE/JIM'S 510-32-5370 Vendor: ETTEN, CHRISTOPHER ETTEN, CHRISTOPHER 100-45-4510 Vendor: FGM ARCHITECTS FGM ARCHITECTS 440-00-8200 Vendor: FOX VALLEY FIRE &SAFETY FOX VALLEY FIRE &SAFETY 225-00-5110 Vendor: FOXCROFT MEADOWS INC FOXCROFTMEADOWSINC 100-45-6110 FOXCROFTMEADOWSINC 100-45-6110 Vendor: G & E GREENHOUSES INC G & E GREENHOUSES INC 100-45-6110 Packet: APPKT00609-10-17-i6 AP CKS Description (Item) Payable Number Post Date Amount UTILITIES 8/25/16-9/22/16 10/17/2016 30.58 UTILITIES 8/25/16-9/22/16A 10/17/2016 40.13 Vendor CONSTELLATION NEWENERGY INC Total: 61,560.80 SUPPLIES 5502423959.001 10/17/2016 CABLE SUPPLIES S502645757.001 10/17/2016 Vendor CRESCENT ELECTRIC SUPPLY CO Total: REFUND FARMERS MARKET INV0002837 10/17/2016 Vendor CRISPE, MALORIE Total: PUBLIC SAFETY COM M MATERIALS MATERIALS INVOD02810 10/17/2016 Vendor CROWNE PLAZA Total: 11598 10/17/2016 11604 10/17/2016 Vendor CURRAN CONTRACTING COMPANY Total: REFUND FARMERS MARKET INV0002838 10/17/2016 Vendor DAY, LAURA Total: 107.38 246.11 353.49 30.00 30.00 712.32 712.32 1,001.68 2,209.95 3,211.63 RETAINED PERSONNEL 16-0991 10/17/2016 950.00 RETAINED PERSONNEL 16-0992 10/17/2016 950.00 Vendor DIXON ENGINEERING INC Totals 1,900.00 DOOR REPAIRS WO-5026 10/17/2016 156.00 Vendor DOOR SERVICE INCTotal: 156.00 SUPPLIES 386104 10/17/2016 1,725.00 Vendor DURA WAX COMPANY INC, THE Total: 1,725.00 AUDIT EXPENSE 17693 10/17/2016 20,745.00 Vendor EDER CASELLA & CO Total: 20,745.00 VEHICLE INSPECTIONS SEPT2016 10/17/2016 58.00 VEHICLE INSPECTIONS SEPTEMBER2016 10/17/2016 86,00 Vendor ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP Total: 144.00 EMPLOYEECLOTHING ALLOW INV0002811 10/17/2016 156,55 Vendor ETTEN, CHRISTOPHER Total: 1S6.S5 PD & ADMIN OFFICE 16-2188.01-4 10/17/2016 3,462.50 Vendor FGM ARCHITECTS Total• 3,462.50 RADIO INSTALLATION IN00032700 10/17/2016 195.00 Vendor FOX VALLEY FIRE &SAFETY Total: 195.00 BE DEPOSITCREDIT 51 10/17/2016-203.00 MATERIALS 51119 10/17/2016 860.96 Vendor FOXCROFT MEADOWS INCTotal: 657.96 SUPPLIES 169122 10/17/2016 437.20 Vendor G & E GREENHOUSES INCTotal: 437.20 10/12/2016 12:42:47 PM Expense Approval Register Packet: APPKTOO609-104746 AP CKS Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: GALLAGHER RISK MANAGEMENT SERVICES INC, GALLAGHER RISK 610-00-5960 NOTARY BOND -SEXTON 1920852 10/17/2016 29.00 Vendor GALLAGHER RISK MANAGEMENT SERVICES INC, Total: 29.00 Vendor: GERAGHTY, MARCI GERAGHTY, MARCI 100-01-5420 MILEAGE REIMB INV0002812 10/17/2016 12.96 Vendor GERAGHTY, MARCI Total: 12.96 Vendor: GERSTAD BUILDERS INC GERSTAD BUILDERS INC 280-00-6990 REFUND OF FIRE PROT DIST INV0002813 10/17/2016 694.00 Vendor GERSTAD BUILDERS INC Total: 694.00 Vendor: GLICK IV, HENRY W GLICK IV, HENRY W 100-47-5110 SOFTBALL UMPIRE FEES 9/20/16-9/30/16 10/17/2016 46.00 Vendor GLICK IV, HENRY W Total: 46.00 Vendor: GRUNDY, LINDY GRUNDY, LINDY 100-41-5110 REFUND FARMERS MARKET INV0002839 10/17/2016 20.00 Vendor GRUNDY, LINDY Total: 20.00 Vendor: HARM'S FARM HARM'S FARM 100-45-6110 SUPPLIES 23663 10/17/2016 640.00 HARM'S FARM 10045-6110 SUPPLIES 23668 10/17/2016 48.00 Vendor HARM'S FARM Total: 688.00 Vendor: HAWKINS INC HAWKINS INC 510-32-6110 SUPPLIES 39221SORI 10/17/2016 701.20 Vendor HAWKINS INC Totals 701.20 Vendor: HRGREEN HRGREEN 100-01-5110 CONTRACTUAL SERVICES-W 106906 10/17/2016 1,004.00 HRGREEN 270-00-8600 STREETPROGRAM 1-107290 10/17/2016 21422.86 Vendor HRGREEN Total: 30426.86 Vendor: ILLINOIS AUDIO PRODUCTIONS ILLINOIS AUDIO PRODUCTIONS 620-00-5110 MESSAGE ON HOLD QRTLY 104665 10/17/2016 135.00 Vendor ILLINOIS AUDIO PRODUCTIONS Total: 135.00 Vendor: ILLINOIS FBI NA ILLINOIS FBI NA 100-22-5430 MONTHLY RETRAINER MTG OCT2016 10/17/2016 50.00 Vendor ILLINOIS FBI NA Total: 50.00 Vendor: INTOXIMETERS INTOXIMETERS 100-22-6110 SUPPLIES 543390 10/17/2016 43.85 INTOXIMETERS 100-22-6110 SUPPLYCREDIT CR00001871 10/17/2016 -33.00 Vendor INTOXIMETERS Total: 10.85 Vendor: JOHNSON, SEAN JOHNSON, SEAN 510-35-4510 EMPLOYEE CLOTHING REIMB INV0002814 10/17/2016 45.12 Vendor JOHNSON, SEAN Total: 45.12 Vendor: JONES, JOHN JONES, JOHN 100-22-4510 EMPLOYEE UNIFORM ALLOW INV0002852 10/17/2016 124A5 Vendor JONES, JOHN Total: 124.15 Vendor: KEENAN, LISA KEENAN, LISA 10041-5110 REFUND FARMERS MARKET INV0002840 10/17/2016 70.00 Vendor KEENAN, LISA Total: 70.00 Vendor: KLAPPERICH, SAM KLAPPERICH, SAM 10041-5110 REFUND FARMERS MARKET INV0002841 10/17/2016 80.00 Vendor KLAPPERICH, SAM Total: 80.00 Vendor: LES MILLS UNITED STATES TRADING INC LES MILLS UNITED STATES 400-40-5110 REC CENTER LICENSE FEE SIV345900 10/17/2016 197.00 Vendor LES MILLS UNITED STATES TRADING INC Total: 197.00 Vendor: MCCAFFERTY, CHARITY MCCAFFERTY, CHARITY 100-47-6110 BACKGROUND SEARCH INV0002815 10/17/2016 18.00 Vendor MCCAFFERTY, CHARITY Total: 18.00 1D/12/2016 12:42:47 PM Expense Approval Register Packet; APPKT000W-10.17-16 AP CKS Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: MCHENRY COUNTY CHIEFS OF POLICE MCHENRY COUNTY CHIEFS OF 100-22-5430 MONTHLY LUNCHEON OCT 2016 10/17/2016 45.00 Vendor MCHENRY COUNTY CHIEFS OF POLICE Total: 45.00 Vendor: MCHENRY COUNTY DIV OF TRANSPORTATION MCHENRY COUNTY DIV OF 100-01-5110 SEPT 2016 MUNICIPAL SHARE 2-19 10/17/2016 2,946.08 Vendor MCHENRY COUNTY DIV OF TRANSPORTATION Total: 2,946.08 Vendor: MCHENRY COUNTY RECORDER OF DEEDS MCHENRY COUNTY RECORDER 100-01-6940 RECORDING FEES SEPT2016 10/17/2016 188.50 MCHENRY COUNTY RECORDER 510-31-6940 RECORDING FEES SEPTEMBER 2016 10/17/2016 180.00 MCHENRY COUNTY RECORDER 510-32-6940 RECORDING FEES SEPTEMBER 2016 10/17/2016 340.00 Vendor MCHENRY COUNTY RECORDER OF DEEDS Total: 708.S0 Vendor: MCHENRY POWER EQUIPMENT INC MCHENRY POWER EQUIPMENT 10045-6110 SMALL EQUIP PARTS 190201 10/17/2016 21.00 Vendor MCHENRY POWER EQUIPMENT INCTotal: 21.00 Vendor: MEMORY CARE OF MCHENRY LLC MEMORY CARE OF MCHENRY 280-00-6990 REFUND OF FIRE PROT DIST INV0002817 10/17/2016 13,880400 Vendor MEMORY CARE OF MCHENRY LLC Total; 13,880.00 Vendor: MENDEZ LANDSCAPING & BRICK PAVERS INC MENDEZ LANDSCAPING & 100-45-5110 BRICK INSTALL VETERAN'S 1283 10/17/2016 4,100.00 Vendor MENDEZ LANDSCAPING & BRICK PAVERS INC Totals 4,100.00 Vendor: MICROTEL INN MICROTEL INN 100-22-5420 TRAVELEXP -PSIMS INV0002818 10/17/2016 82.88 Vendor MICROTEL INN Total: 82.88 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 100-00-6210 SUPPLIES 86941 10/17/2016 242.65 MINUTEMAN PRESS OF MCH 100-04-5330 CHECKSUPPLIES 87002 10/17/2016 775.45 Vendor MINUTEMAN PRESS OF MCH Total; 1,018.10 Vendor: MNJ TECHNOLOGIES DIRECT INC MNJ TECHNOLOGIES DIRECT 620-00-6110 SUPPLIES 0003492499 10/17/2016 310.68 Vendor MNJ TECHNOLOGIES DIRECT INCTotal: 310.68 Vendor: MUELSMAN, CHRISSY MUELSMAN, CHRISSY 100-41-5110 REFUND FARMERS MARKET INV0002842 10/17/2016 50.00 Vendor MUELSMAN, CHRISSY Total: 50.00 Vendor: NAPA AUTO PARTS MPEC NAPA AUTO PARTS MPEC 100-22-5370 VEHICLE REPAIR SUPPLIES SEPT2016 10/17/2016 326.36 NAPA AUTO PARTS MPEC 100-33-5370 VEHICLEREPAIR SUPPLIES SEPT2016 10/17/2016 1,376.22 NAPA AUTO PARTS MPEC 100-33-6110 VEHICLE REPAIR SUPPLIES SEPT2016 10/17/2016 9.10 NAPA AUTO PARTS MPEC 100-41-5370 VEHICLE REPAIR SUPPLIES SEPT2016 10/17/2016 29.32 NAPA AUTO PARTS MPEC 510-31-5370 VEHICLE REPAIR SUPPLIES SEPTEMBER 2016 10/17/2016 528.91, NAPA AUTO PARTS MPEC 510-32-5370 VEHICLE REPAIR SUPPLIES SEPTEMBER 2016 10/17/2016 158.62 NAPA AUTO PARTS MPEC 510-32-5380 VEHICLE REPAIR SUPPLIES SEPTEMBER 2016 10/17/2016 109.92 NAPA AUTO PARTS MPEC 510-35-5370 VEHICLE REPAIR SUPPLIES SEPTEMBER2016 10/17/2016 379.61 Vendor NAPA AUTO PARTS MPEC Total: 2,918.06 Vendor: NEUMANN JR, EDWARD J NEUMANN JR, EDWARD J 740-00-6960 PARKING LOT RENTAL NOV NOV 2016 10/17/2016 500.00 Vendor NEUMANN JR, EDWARDJ Total: 500.00 Vendor: NORTHERN TOOL & EQUIPMENT NORTHERN TOOL & 510-32-5380 REPAIRS 35962558 10/17/2016 22.36 NORTHERNTOOL& 510-32-6110 REPAIRS 35962558 10/17/2016 1,335.79 Vendor NORTHERN TOOL & EQUIPMENT Total: 11358.15 Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC NORTHWEST ELECTRICAL 100-45-6110 SUPPLIES 17292654 10/17/2016 139.35 Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total: 139.35 Vendor; NWBOCA NWBOCA 100-03-5430 FALLTRAINING INV0002819 10/17/2016 160.00 NWBOCA 100-03-5430 TRAINING/BOOK FOR NOV INV0002820 10/17/2016 20.00 10/12/2016 12:42:47 PM Expense Approval Register Vendor Name Account Number NWBOCA 100-03-5430 NWBOCA 100-03-5430 Vendor:PADRO,PEDR0 PADRO, PEDRO 100-33-5430 Vendor: PETERSON, DWAYNE PETERSON, DWAYNE 100-47-5110 Vendor: PETROLIANCE LLC PETROLIANCE LLC 100-03-6250 Vendor: PITEL SEPTIC INC PITELSEPTICINC 10045-5110 Vendor: POLIDORI, PATRICK POLIDORI, PATRICK 760-00-3831 Vendor: PRO PLAYER CONSULTANTS INC PRO PLAYER CONSULTANTS 100-47-5110 Vendor: RELIABLE SAND &GRAVEL RELIABLE SAND &GRAVEL 100 45-6110 Vendor:RESERVEA000UNT Description (Item) TRAINING-SCHWALENBERG TRAINI NG-SMALE/MARINO TRAVEL EXPENSE REIMB SOFTBALL UMPIRE FEES VEHICLE FUEL PORTABLE TOILET RENTAL Payable Number OR Date Packet: APPKT00609-10-17-16 AP CKS Amount INV0002821 10/17/2016 80.00 INV0002822 10/17/2016 160.00 Vendor NWBOCA Total: 420.00 INV0002853 10/17/2016 Vendor PADRO, PEDRO Total: 9/20/16-9/30/16 10/17/2016 Vendor PETERSON, DWAYNE Total: 9886638 10/17/2016 Vendor PETROLIANCE LLC Total: 13383 10/17/2016 Vendor PITEL SEPTIC INC Total: REISSUE VOIDED CK 7654-POL tNV0002849 10/17/2016 Vendor POLIDORI, PATRICK Total: FALLT-BALL 9/17/16-10/15/16 10/17/2016 Vendor PRO PLAYER CONSULTANTS INC Total: f�Lrtid3RM RESERVE ACCOUNT 100-01-5310 POSTAGE FOR POSTAGE RESERVEACCOUNT 100-02-5310 POSTAGE FOR POSTAGE RESERVE ACCOUNT 100-03-5310 POSTAGE FOR POSTAGE RESERVE ACCOUNT 100-04-5310 POSTAGE FOR POSTAGE RESERVE ACCOUNT 100-22-5310 POSTAGE FOR POSTAGE RESERVE ACCOUNT 100-30-5310 POSTAGE FOR POSTAGE RESERVE ACCOUNT 100-41-5310 POSTAGE FOR POSTAGE RESERVE ACCOUNT 510-31-5310 POSTAGE FOR MAILING Vendor: ROCK `N' KIDS INC ROCK'N' KIDS INC 100-46-5110 KID ROCK CLASS Vendor: S&S WORLDWIDE INC S&S WORLDWIDE INC 100-46-6110 SUPPLIES S&S WORLDWIDE INC 100-46-6920 SUPPLIES Vendor: SASAK, TODD SASAK, TODD 510-35-4510 Vendor: SCHMITT, MATiHEW SCHMITT, MATTHEW 100-22-5420 Vendor: SCHWALENBERG, RYAN 6303 10/17/2016 Vendor RELIABLE SAND & GRAVELTotalI INV0002824 10/17/2016 iNV0002824 10/17/2016 INV0002824 10/17/2016 INV0002824 10/17/2016 INV0002824 10/17/2016 INV0002824 10/17/2016 INV0002824 10/17/2016 INV0002825 10/17/2016 Vendor RESERVE ACCOUNT Total: MCHFII6 10/17/2016 Vendor ROCK'N' KIDS INC Total: 9315074 10/17/2016 9315074 10/17/2016 Vendor S&S WORLDWIDE INC Total: EMPLOYEE CLOTHING ALLOW INV0002826 TRAVEL EXP REIMB INV0002827 10/17/2016 Vendor SASAK, TODD Total: 10/17/2016 Vendor SCHMITT, MATTHEW Total: 66.45 66.45 92.00 92.00 150.41 150.41 787.50 787.50 10.72 10.72 1,120.00 1,120.00 198.85 198.85 33.24 2.04 70.55 241,76 251.22 2.25 47.46 334.55 �F.k?t�Yl 336.00 336.00 80.73 35.99 116.72 34.99 34.99 80.00 80.00 SCHWALENBERG, RYAN 100-03-4510 BOOT REIMB INVOD02828 10/17/2016 123.61 Vendor SCHWALENBERG, RYAN Total: 123.61 Vendor: SEMROW JR, HARRY H SEMROW JR, HARRY H 100-03-5110 REPLACEMT FOR CK 759761 & INV0002829 10/17/2016 147.75 SEMROW JR, HARRY H 100-22-5110 REPLACEMT FOR CK759761 & INV0002829 10/17/2016 1,329.75 SEMROW JR, HARRY H 100-03-5110 ADM LAW JUDGE - SEPT 2016 SEPT 2016 10/17/2016 75.00 10/12/2016 12:42:47 PM Expense Approval Register Vendor Name Account Number SEMROW JR. HARRY H 100-22-5110 Vendor: SEXTON, ERIC M SEXTON, ERIC M 100-22-5420 Vendor: SHAW MEDIA SHAW MEDIA 100-01-5330 Vendor: SILWAMBA, HEIDI SILWAMBA, HEIDI 100-41-5110 Vendor: SKC CONSTRUCTION INC SKC CONSTRUCTION INC 100-33-6110 Vendor: SMITH, STEVE SMITH, STEVE 10D-47-6110 Vendor: STANS LPS MIDWEST STANS LPS MIDWEST 100-03-5110 STANS LPS MIDWEST 620-00-5110 STANS LPS MIDWEST 620-00-6210 STANS LPS MIDWEST 10041-6210 STANS LPS MIDWEST 400-00-6210 Vendor: STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS 100-00-6210 STAPLES BUSINESS 100-00-6210 STAPLES BUSINESS 100-04-6210 STAPLES BUSINESS 100-22-6210 STAPLES BUSINESS 100-30-6210 STAPLES BUSINESS 100-41-6210 STAPLES BUSINESS 100-41-6210 STAPLES BUSINESS 100-00-6210 STAPLES BUSINESS 100-03-6210 Vendor: STUCKEY CONSTRUCTION STUCKEY CONSTRUCTION 440-00-8200 Vendor: ULINE ULINE 100-47-6110 Vendor: US BANK EQUIPMENT FINANCE US BANK EQUIPMENT FINANCE 100-22-5110 US BANK EQUIPMENT FINANCE 100-01-5110 US BANK EQUIPMENT FINANCE 100-33-5110 US BANK EQUIPMENT FINANCE 510-31-5110 US BANK EQUIPMENT FINANCE 510-32-5110 US BANK EQUIPMENT FINANCE 510-35-5110 Vendor: VANLANDUYT, CHRIS VANLANDUYT, CHRIS 100-33-5430 Vendor: VARGAS, LITA VARGAS, LITA 10041-5110 Description (Item) Payable Number ADM LAW JUDGE - SEPT 2016 SEPT2016 TRAVEL EXP REIM INV0002830 LEGAL PUBLICATIONS SEPT2016 REFUND FARMERS MARKET INV0002843 ASPHALT CRACK SEALING USA SWIM BACKGROUND CK CED COPY METER READ IT/NETWORK MANAGED PD/ADMIN COPIERS REC CENTER COPY METER REC CENTER COPY METER SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES 8331 INV0002831 322858 323036 323250 323224 323224 8041146384 8041146384 8041146384 8041146384 8041146384 8041146384 8041146384 8041269847 8041269847 MCHENRY PD 911 & ADMIN 2 SUPPLIES 80344701 COPIER LEASE CONTRACT 500- #29 OF 60 COPIER LEASE CONTRACT 500- #32 OF 60 COPIER LEASE #42 OF 60 COPIER LEASE CONTRACT 500- 442 OF 60A COPIER LEASE CONTRACT 500- #42 OF 60A COPIER LEASE CONTRACT 500- #42 OF 60A REIM CDL LICENSE INV0002854 REFUND FARMERS MARKET INV0002844 Packet: APPKT00609 - 304746 AP CKS Post Date 10/17/2016 Vendor SEMROW JR, HARRY H Total: 10/17/2016 Vendor SEXTON, ERIC M Total: 10/17/2016 VendorSHAW MEDIATotal: 10/17/2016 Vendor SILWAMBA, HEIDI Total: 10/17/2016 Vendor SKC CONSTRUCTION INC Total: 10/17/2016 Vendor SMITH, STEVE Total: 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 Vendor STANS LPS MIDWEST Total: 10/17/2016 10/27/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 Vendor STAPLES BUSINESS ADVANTAGE Total: 10/17/2016 Vendor STUCKEY CONSTRUCTION Total: 10/17/2016 Vendor ULINE Total: 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 Vendor US BANK EQUIPMENT FINANCE Total: 10/17/2016 Vendor VANLANDUYT, CHRIS Total: 10/17/2016 Vendor VARGAS, LITA Total: Amount 675.00 2,227.S0 16.00 16.00 156.10 156.10 60.00 60.00 84,999.75 84,999.75 36,50 165.32 11672,00 358.26 170.00 170.25 2,535.83 -1,234.22 122.35 1,093.33 26.62 16.19 50.96 114.27 26.90 83.75 300.15 116,376.30 116,376.30 225.00 311.00 7100 73,00 73.00 73.00 60.00 60.00 90.00 90.00 10/12/2016 12:42:47 PM Expense Approval Register Vendor Name Account Number Vendor: VERIZON WIRELESS VERIZON WIRELESS 100-01-5320 VERIZON WIRELESS 100-03-5320 VERIZON WIRELESS 100-22-5320 VERIZON WIRELESS 100-30-5320 VERIZON WIRELESS 100-33-5320 VERIZON WIRELESS 10041-5320 VERIZON WIRELESS 10045-5320 VERIZON WIRELESS 10046-5320 VERIZON WIRELESS 620-00-5320 VERIZON WIRELESS 100-33-5320 VERIZON WIRELESS 510-31-5320 VERIZON WIRELESS 510-32-5320 VERIZON WIRELESS 620-00-5110 VERIZON WIRELESS 510-31-5320 VERIZON WIRELESS 510-32-5320 VERIZON WIRELESS 510-35-5320 Vendor: VOELKER, MATT VOELKER, MATT 100-224510 Vendor: WARD, ASHLEY WARD, ASHLEY 100 41-5110 Vendor: WASTE MANAGEMENT OF WI -MN WASTE MANAGEMENTOF WI- 510-32-5580 Vendor: WASTE MANAGEMENT WASTE MANAGEMENT 100-01-6110 Vendor: WATSON, BECCA WATSON, BECCA 100-41-5110 Vendor: WIDHALM, MARK WIDHALM, MARK 100-41-5110 Vendor: WITi, CINDY WITT, CINDY 100-41-5420 Vendor: ZARATE, ANGELA ZARATE,ANGELA 100-41-5110 Vendor: ZUMWALT, JACK D ZUMWALT, JACK D 100-22-5420 Description (Item) CELL PHONE USAGE CELL PHONE USAGE CELL PHONE USAGE CELL PHONE USAGE CELL PHONE USAGE CELL PHONE USAGE CELL PHONE USAGE CELL PHONE USAGE CELL PHONE USAGE CELL PHONE USAGE CELL PHONE USAGE CELL PHONE USAGE WIRELESS LAPTOP PD LAPTOP CELL PHONE USAGE CELL PHONE USAGE CELL PHONE USAGE Payable Number 385188227-00001 385188227-00001 385188227-00001 385188227-00001 385188227-00001 385188227-00001 385188227-00001 385188227-00001 385188227-00001 385188227-00003 385188227-00003A 385188227-00003A 385188227-0002 385188227A 385188227A 385188227A EMPLOYEE UNIFORM ALLOW INV0002832 Packet: APPKT00609 - 30-17-16 AP CKS Post Date 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 Vendor VERIZON WIRELESS Total: 10/17/2016 Vendor VOELKER, MATT Total: REFUND FARMERS MARKET INV0002846 10/17/2016 Vendor WARD, ASHLEYTotal: SLUDGE REMOVAL 0030843-2742-2 10/17/2016 Vendor WASTE MANAGEMENT OF WI -MN Total; REFUSE STICKERS REFUND FARMERS MARKET REFUND FARMERS MARKET TRAVEL EXP REIMB 3340491-2013-5 INV0002845 INV0002847 INV0002855 REFUND FARMERS MARKET INV0002848 TRAVEL EXP REIMB INV0002833 10/17/2016 Vendor WASTE MANAGEMENTTotal: 10/17/2016 Vendor WATSON, BECCATotal: 10/17/2016 Vendor WIDHALM, MARKTotal: 10/17/2016 Vendor WITT, CINDY Total: 10/17/2016 Vendor ZARATE, ANGELA Total: 10/17/2016 Vendor ZUMWALT, JACK D Total: Grand Total: Amount 56.81 102.88 1,155.55 54.87 120.24 8.55 35.35 1.87 40.31 25.82 126.63 25.82 38.01 55.58 27.78 76.02 1,952.09 113.03 113.03 20.00 2040 8,942.44 8,942.44 7,980.00 7,980.00 80.00 80.00 70,00 70.00 69.85 69.8S 20.00 20.00 16.00 16.00 402,657.63 10/12/201b 12;42:47 PM Expense Approval Register Fund Summary Fund Expense Amount 100- GENERAL FUND 164,201,81 225 - ALARM BOARD FUND 195400 230 - AUDIT EXPENSE FUND 20,745,00 270- MOTOR FUEL TAX FUND 2142186 280 - DEVELOPER DONATION FUND 30188300 400 - RECREATION CENTER FUND 3,430.19 440 - CAPITAL IMPROVEMENTS FUND 119,838,80 510- WATER/SEWER FUND 54,854.57 610- RISK MANAGEMENT FUND 8%00 620- INFORMATION TECHNOLOGY FUND 3,586.68 740- RETAINED PERSONNEL ESCROW 2,400.00 760 - POLICE PENSION FUND 10672 Grand Total: 402,65163 Packet: APPKT00609-10-17-16 AP CKS Vendor Name Expense ° pprova� Reg s er McHenry, IL #2 LIST OF BILLS COUNCIL MEETING 10/17/16 Account Number Description (Item) Payable Number Post Date Amount Vendor: 3D DESIGN STUDIO LLC 3D DESIGN STUDIO LLC 100-33-6110 Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, RA 100-33-6110 Vendor: ADAMS STEEL SERVICE INC ADAMS STEELSERVICE INC 510-32-5380 Vendor: AFTERMATH INC AFTERMATH INC 100-22-5110 Vendor: AIRGAS SAFEN INC AIRGAS SAFETY INC 510-32-6110 Vendor: ARIES INDUSTRIES INC ARIES INDUSTRIES INC 510-35-6110 Vendor: BAKER &SON CO, PETER BAKER &SON CO, PETER 100-33-6110 BAKER & SON CO, PETER 100-33-6110 Vendor: BARN NURSERY &LANDSCAPE CENTER, THE BARN NURSERY &LANDSCAPE 100-33-6110 Vendor: BUSS FORD SALES BUSS FORD SALES 100-33-5370 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS 510-32-5375 Vendor: ED'S RENTAL &SALES INC ED'S RENTAL &SALES INC 620-00-5110 Vendor: E1 USA INC EJ USA INC 100-33-6110 EJ USA INC 510-35-6110 Vendor: FAST EDDIES CAR WASH FAST EDDIES CAR WASH 100-22-5370 Public Works Landscape Design 2016-08-9 OAK BOARDS Digester Valve Stem BIO-HAZARD CLEAN-UP Rain suits and gloves Tire Assembly for camera surface ticket 159429 surface ticket 159428 Landscape Material transfilters binder ticket 11816 N50 modified surface ticket 12082 surface ticket 12126 CWWTP-RAS Pump motor Drill Bit rental 10/17/2016 Vendor 3D DESIGN STUDIO LLC Total: 787739 10/17/2016 Vendor ADAMS ENTERPRISES INC, R A Total: 335721 10/17/2016 Vendor ADAMS STEEL SERVICE INC Total: Jc2016-7604 10/17/2016 Vendor AFTERMATH INC Total: 9055737375 10/17/2016 Vendor AIRGAS SAFETY INC Total: 360118 10/17/2016 Vendor ARIES INDUSTRIES INC Total: 1168 10/17/2016 13510A 10/17/2016 Vendor BAKER & SON CO, PETER Total: 29941 10/17/2016 Vendor BARN NURSERY &LANDSCAPE CENTER, THE Total: 50231531 10/17/2016 Vendor BUSS FORD SALES Total: 11509 10/17/2016 11580 10/17/2016 11626 10/17/2016 11635 10/17/2016 Vendor CURRAN CONTRACTING COMPANY Total: P002077 10/17/2016 Vendor DREISILKER ELECTRIC MOTORS INC Total: 180989-1 STORM FRAMES AND GRATES 110160065819 Fire Hydrants 110160077586 SQUAD CAR WASHES 100A 10/17/2016 Vendor ED'S RENTAL &SALES INC Total: 10/17/2016 10/17/2016 Vendor EJ USA INC Total: 10/17/2016 Vendor FAST EDDIES CAR WASH Total: 375.00 375.00 239.40 239.40 343.76 343.76 105.00 105.00 300.61 300.61 437.22 437.22 383.52 385.92 769.44 1,071.98 1,071.98 87.68 107.12 112.84 275.08 115.44 610.48 248.18 248.18 18.75 18.75 2,041.48 3,400.00 5,441.48 63.85 63.85 10/12/2016 1:05:51 PM Expense Approval Register Vendor Name Account Number Vendor: FRY, ROBERT J FRY, ROBERTJ 510-32-5370 Vendor: GRAINGER GRAINGER 510-32-5375 Vendor: HAWKINS INC HAWKINS INC 510-32-6110 HAWKINS INC 510-32-6110 HAWKINS INC 510-32-6110 HAWKINS INC 510-32-6110 HAWKINS INC 510-32-6110 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 100-33-5370 Vendor: J G UNIFORMS INC J G UNIFORMS INC J G UNIFORMS INC J G UNIFORMS INC J G UNIFORMS INC J G UNIFORMS INC J G UNIFORMS INC J G UNIFORMS INC 1 G UNIFORMS INC J G UNIFORMS INC 1 G UNIFORMS INC Vendor; L&S ELECTRIC INC L&S ELECTRIC INC 100-22-6110 100-22-4510 100-224510 100-22-4510 100-22-6110 100-22-6270 100-22-6270 100-22-6270 100-22-6270 100-224510 510-32-5380 Vendor; LAFARGE NORTH AMERICA LAFARGE NORTH AMERICA 510-35-6110 Vendor: LANG AUTO GROUP, GARY LANG AUTO GROUP, GARY 510-32-5370 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC 100-33-6110 Vendor: MCHENRYANALYTICALWRTER LABORATORY INC MCHENRY ANALYTICAL WATER 510-31-5110 MCHENRY ANALYTICAL WATER 510-32-6110 MCHENRY ANALYTICAL WATER 510-32-6110 Vendor: MCMASTER-CARRSUPPLY CO MCMASTER-CARR SUPPLY CO 510-32-5380 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 100-33-6110 MIDAMERICANWATEROF 510-32-6110 MID AMERICAN WATER OF 510-32-6110 MID AMERICAN WATER OF 510-32-6110 MID AMERICAN WATER OF 510-35-6110 Description %Item) decals Control panel light bulbs Cl2 vacuum regulators Chlorine cylinders chlorine cylinders chlorine cylinders chlorine cylinders cab step UNIFORM UNIFORM UNIFORM UNIFORM INITIAL ISSUE UNIFORM BODYARMOR BODYARMOR BODY ARMOR BODY ARMOR UNIFORM Aerator#4 New North wash stone brake lines WOOD STAKES Payable Number 2016420 9238231303 3933265RI 3933752111 3937804 3950133RI 3957270RI Packet: APPKT00613-104746 rect invoice Post Date Amount 10/17/2016 Vendor FRY, ROBERT J Total: 10/17/2016 Vendor GRAINGER Total; 10/17/2016 10/17/2016 10/17/2016 10/17/2016 10/17/2016 Vendor HAWKINS INCTotal: 3003998541 10/17/2016 Vendor INTERSTATE BILLING SERVICE INC Total: 108.00 108.00 76.80 76.80 480.00 785.73 5,932.80 532.15 785.73 8,516.41 236.70 236.70 43272 10/17/2016 150.06 43321 10/17/2016 159.00 43322 10/17/2016 140,00 43323 10/17/2016 155.00 6779 10/17/2016 172.15 6850 10/17/2016 805.88 6851 10/17/2016 785.00 6852 10/17/2016 785.00 6853 10/17/2016 785.00 7024 10/17/2016 219.94 VendorJ G UNIFORMS INCTotal: 4,157.03 522030 10/17/2016 11,898.00 Vendor L&S ELECTRIC INC Total: 11,898.00 706381047 10/17/2016 95.45 Vendor LAFARGE NORTH AMERICA Total: 95.45 50060251 10/17/2016 139,26 Vendor LANG AUTO GROUP, GARY Total: 139.26 11041948 10/17/2016 64.28 Vendor MCCANN INDUSTRIES INCTotal: 64.28 Fluoride Sampler -September 591818 10/17/2016 Landfill ProfilePermitt Renewal- 591923 10/17/2016 tot al nitrogen test 591924 10/17/2016 Vendor MCHENRY ANALYTICAL WATER LABORATORY INC Total; V-belts-Sludge pumps 81677098 10/17/2016 Vendor MCMASTER-CARR SUPPLY CO Total: culverts,bands,bolts. vendor 179909W 10/17/2016 MiscFittingforSWWTPCity 179937W 10/17/2016 6"x3"blind flange 179980W 10/17/2016 6x3 reducing spoil piece 179987W 10/17/2016 Tye bolts and B-box 180098W 10/17/2016 Vendor MID AMERICAN WATER OF WAUCONDA INCTotal: 60.00 1,235.00 60.00 1,355.00 341.62 341.62 709.60 2,112.00 134.00 117.00 199.80 3,272.40 10/12/2016 1:05:51 PM Expense Approval Register Packet: APPKT00613-10-17-16 rect invoice Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: MIDWEST HOSE AND FITTINGS INC MIDWEST HOSE AND F117INGS 510-32-5380 Misc hose and pipe fittings M17937 10/17/2016 234.60 Vendor MIDWEST HOSE AND FITTINGS INCTotal: 234.60 Vendor: MORRIE AND SONS INC MORRIE AND SONS INC 100-22-5110 TOW 51503121 10/17/2016 155.00 Vendor MORRIE AND SONS INC Total: 155.00 Vendor: NBS CALIBRATIONS NBS CALIBRATIONS 510-32-6110 Scale calibration 102281 10/17/2016 115.00 Vendor NBS CALIBRATIONS Total: 115.00 Vendor: NORTHERN TOOL &EQUIPMENT NORTHERN TOOL & 510-32-5380 Large Metric Size Allen Sockets 36193431 10/17/2016 112.46 Vendor NORTHERN TOOL & EQUIPMENTTotal: 112.46 Vendor: NORTHWEST TRUCKS INC NORTHWEST TRUCKS INC 510-35-5370 seat cover 01P408788 10/17/2016 107.28 Vendor NORTHWEST TRUCKS INCTotal: 107.28 Vendor: OTTER SALES & SERVICE INC OTTER SALES & SERVICE INC 100-33-5370 sickle part P165000 10/17/2016 3,250.00 Vendor OTTER SALES & SERVICE INC Total: 3,250.00 Vendor: PATTEN INDUSTRIES INC PATTEN INDUSTRIES INC 100-33-5110 load bank test 66D24746 10/17/2016 751,00 Vendor PATTEN INDUSTRIES INCTotal: 752.00 Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 10D-224510 UNIFORM - B. AALTO 170724 10/17/2016 231.14 PETTIBONE & CO, P F 100-224510 UNIFORM 170748 10/17/2016 35.00 PETTIBONE & CO, P F 100-224510 UNIFORM 170749 10/17/2016 35.00 PETTIBONE & CO, P F 100-22-6110 INITIAL ISSUE UNIFORM 170765 10/17/2016 294.00 Vendor PETTIBONE & CO, P F Total: 59S.14 Vendor: POMPS TIRE SERVICE INC POMPS TIRESERVICE INC 100-33-5370 tires 280062630 10/17/2016 513.64 Vendor POMPS TIRE SERVICE INCTotal: 513.64 Vendor: RADAR MAN INC RADAR MAN INC 100-22-5110 RADAR RE -CERTIFICATION 3179 10/17/2016 . 120.00 Vendor RADAR MAN INCTotal: 120.00 Vendor: SIRCHIE FINGER PRINT LABORATORIES SIRCHIE FINGER PRINT 100-22-6210 INVESTIGATIVE SUPPLIES 0272143-IN 10/17/2016 305.45 Vendor SIRCHIE FINGER PRINT LABORATORIES Total: 305.45 Vendor: SUNNYSIDE COMPANY SUNNYSIDE COMPANY 100-22-5370 housing 180225 10/17/2016 25.32 Vendor SUNNYSIDE COMPANYTotal: 25.32 Vendor: THELEN MATERIALS LLC THELEN MATERIALS LLC 100-33-6110 GRADE#9 GRAVEL 008- 340529 10/17/2016 112.05 Vendor THELEN MATERIALS LLC Total: 122,05 Vendor: TONY'S FAMILY TAILOR SHOP TONY'S FAMILY TAILOR SHOP 100-224510 UNIFORM -Ps FUNK 357873 10/17/2016 38.00 Vendor TONY'S FAMILY TAILOR SHOP Total: 38.00 Vendor: TRAFFIC CONTROL & PROTECTION INC TRAFFIC CONTROL & 100-33-6110 honorary sign DM 87847 10/17/2016 139.20 Vendor TRAFFIC CONTROL & PROTECTION INCTotal: 139.20 Vendor: TREDROC TIRE/ANTIOCH 002 TREDROCTIRE/ANTIOCH 002 510-32-5370 tire 318283 10/17/2016 321.32 Vendor TREDROC TIRE/ANTIOCH 002 Total: 321.32 Vendor: ULINE ULINE 100-22-6210 INVESTIGATIVE SUPPLIES 80466496 10/17/2016 180.78 Vendor ULINE Total: 180.78 10/12/2016 1:05:51 PM Expense Approval Register Vendor Name Vendor: USA BLUEBOOK USA BLUEBOOK USA BLUEBOOK USA BLUEBOOK Packet: APPKT00613-1047-16 rect invoice Account Number Description (item) Payable Number Post Date Amount 510 32-5375 3 SCH80 pipe and fittings 510-31-6110 LMI Chemical Pump- WTP#1- 510-31-6110 Tubing Connectors - 067423 10/17/2016 073152 10/17/2016 074330 10/17/2016 Vendor USA BLUEBOOK Total: 355.32 644.95 31.36 1,031.63 Grand Total: 48,481.65 10/12/2016 1:05:51 PM Expense Approval Register no Summary Fund 100-GENERAL FUND 510- WATER/SEWER FUND 620- INFORMATION TECHNOLOGY FUND Grand Totai: Expense Amount 16,717.50 31,745.40 18.75 48,481.65 Packet: APPKT00613-10=17d6 rest invoice AS -NEEDED CHECKS COUNCIL MEETING 10/17/16 100 100-45-5320 AT&T 114.15 09/08/2016 100 100-33-5370 BIG R STORE 79497 09/08/2016 100 100-33-6110 BIG R STORE 189.55 09/08/2016 100 100-41-5110KRAUSE, MOLLY 10 09/08/2016 100 100-22-5370 LANG-CADILLAC-BUICK-GMC INC, GARY 41,79 09%08/2016 100 100-22-5310 UNITED PARCEL SERVICE 8.56 09/08/2016 100 10045-5310 UNITED PARCEL SERVICE 4.12 09/08/2016 620 620-00-5110 COMCAST CABLE 164485 09/08/2016 620 620-00-511000MCASTCABLE 84.9 09/08/2016 100 100-01-694000UNTY CLERKS OFFICE 10 09/09/2016 100 100-01-6940SECRETARY OF STATE/INDEX DEPT 10 09/09/2016 100 100-01-6940 SECRETARY OF STATE/INDEX DEPT 10 09/09/2016 100 100-01-5110 BANKCARD PROCESSING CENTER 139489 09/13/2016 100 100-01-5410 BANKCARD PROCESSING CENTER 390 09/13/2016 100 100-01-5410BANKCARD PROCESSING CENTER 988 09/13/2016 100 1 00-01 -5420 BANKCARD PROCESSING CENTER 1200 09/13/2016 100 100-01-5430BANKCARD PROCESSING CENTER 550 09/13/2016 100 100-01-5430BANKCARD PROCESSING CENTER 310 09/13/2016 100 100-01-5430BANKCARD PROCESSING CENTER 356 09/13/2016 100 100-01-6940 BANKCARD PROCESSING CENTER 38.68 09/13/2016 100 100-22-5420 BANKCARD PROCESSING CENTER 282.35 09/13/2016 100 100-22-5420 BANKCARD PROCESSING CENTER 37543 09/13/2016 100 100-22-5430 BANKCARD PROCESSING CENTER-101.25 09/13/2016 100 100-22-5430BANKCARD PROCESSING CENTER -27.38 09/13/2016 100 100-22-6210 BANKCARD PROCESSING CENTER 1933 09/13/2016 100 100-23-6110 BANKCARD PROCESSING CENTER 24,95 09/13/2016 100 1 00-30-621 0 BANKCARD PROCESSING CENTER 53,83 09/13/2016 100 1 00-33-61 10 BANKCARD PROCESSING CENTER 53.02 09/13/2016 100 10041-5110 BANKCARD PROCESSING CENTER 328.58 09/13/2016 100 100-41-6110BANKCARD PROCESSING CENTER 96,83 09/13/2016 100 10041-6110 BANKCARD PROCESSING CENTER 56 09/13/2016 100 100-42-6110BANKCARD PROCESSING CENTER 35 09/13/2016 100 10046-5430 BANKCARD PROCESSING CENTER 60 09/13/2016 100 10046-6110 BANKCARD PROCESSING CENTER 72,26 09/13/2016 400 400-00-5110 BANKCARD PROCESSING CENTER 20 09/13/2016 400 400-00-6110BANKCARD PROCESSING CENTER 172.43 09/13/2016 400 400-00-6111 BANKCARD PROCESSING CENTER 13.18 09/13/2016 400 400-00-6120 BANKCARD PROCESSING CENTER 8,64 09/13/2016 400 400-00-6210BANKCARD PROCESSING CENTER 26.93 09/13/2016 400 40040-6110 BANKCARD PROCESSING CENTER 16&88 09/13/2016 620 620-00-6210 BANKCARD PROCESSING CENTER 60.86 09/13/2016 760 760-00-5410BANKCARD PROCESSING CENTER 1660 09/13/2016 100 10041-5110ANDERLIK, ROBERT 500 09/15/2016 100 100-47-6110SYNCB/AMAZON 132,15 09/15/2016 400 400-00-6111 SYNCB/AMAZON 2053 09/15/2016 450 450-00-8400 ULTRA STROBE COMMUNICATIONS INC 3837454 09/15/2016 450 450-00-8400 ULTRA STROBE COMMUNICATIONS INC 3680.4 09/15/2016 450 450-00-8400 ULTRA STROBE COMMUNICATIONS INC 368024 09/15/2016 100 10043-5320AT&T 11395 09/26/2016 100 100-01-5320AT&T LONG DISTANCE 1882,96 09/26/2016 100 100-02-5320AT&T LONG DISTANCE 0.85 09/26/2016 100 100-22-5320AT&T LONG DISTANCE 40445 09/26/2016 100 100-33-5320AT&T LONG DISTANCE 3 09/26/2016 100 10041-5320AT&T LONG DISTANCE 0.33 09/26/2016 100 10042-5320AT&T LONG DISTANCE 0,11 09/26/2016 100 100-01-5330SHAW MEDIA 215 21&OM110 FRY, ROBERT J 215 215-00-6110 SECRETARY OF STATE 510 510-32-5320AT&T LONG DISTANCE 215 215-00-6110 FRY, ROBERT J 100 100=41-5110 PETERS, CALEB 100 1 M01-531 0 UNITED PARCEL SERVICE 100 100-2M310 UNITED PARCEL SERVICE FUND 100 TOTAL FUND 215 TOTAL FUND 400 TOTAL FUND 450 TOTAL FUND 510 TOTAL FUND 620 TOTAL FUND 760 TOTAL 98.46 09/26/2016 504 09/26/2016 10 09/26/2016 21.06 09/26/2016 504 09/26/2016 300 09/28/2016 7,3 09/28/2016 3.56 09/28/2016 23689.53 8866.16 1018 615.36 11198,34 21.06 310.61 1660 23689.53 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT DATE: October 17, 2016 TO: Mayor and City Council FROM: Ross Polerecky, Director of Community Development RE: Consideration of connection to City sanitary sewer system without annexation to the City of McHenry at Resident Rates for the property located at 2301 W Country Lane ATT: 1. Email from David &Bonnie Harmon dated 9.28.16 2. Utility Map (Depicting location of City sanitary sewer main in relationship to property at 2301 W Country Lane) AGENDA ITEM SUMMARY: Council is being asked to consider permitting the property located at 2301 W. County Lane to connect to the City's sanitary sewer system without annexation to the City and payment of connection and user fees at resident rates. BACKGROUND: David and Bonnie Harmon, owners of the property located at 2301 W. Country Lane, contacted staff about connecting to City sewer. The Harmon's are currently on a private septic system that is failing. Staff informed the Harmon's it has been the City's policy that any connection to City water or sewer requires annexation to the City. The property is contiguous to City boundaries to the south however in this instance, staff believes it is not advantageous to the City if the Harmon's annex. ANALYSIS: The sewer line (depicted on attached map) is directly south of the property, however due to its location and that adjacent properties to the east, west and north are not within the City's corporate limits. Also, when a property annexes to the City the annexation is extended to the far side of the road. Therefore, if annexed, the City would be required to maintain that section A Country Lane directly contiguous to 2301 W. Country Lane in addition to providing services such as police protection; code enforcement; road maintenance, snow plowing, etc. Staff 1 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us believes it's in the City's best interest from a time and expense standpoint to not annex the subject property at this time. The staff is recommending the owner be charged resident rates to connect, as well as residential sewer usage fees. As Council may recall, a similar request was granted to 2305 W. Country Lane in July of this year. RECOMMENDATION: Therefore, if City Council concurs, it is recommended that a motion be made to allow the property located at 2301 W County Lane to be permitted to connect to the City's sewer system and pay resident rates for both the connection and sanitary sewer usage. 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Electronic Mail Correspondence from Darren Shay dated 7.1.16 Dear Mr. Polerecky, My name is David Harmon. My wife Bonnie and I reside at 2301 Country Lane, Eastwood Manor subdivision. We are requesting hook-up to the city sewer line behind our house due to a failing septic system. Our system is 60 years old and has been Terra -Lifted once before. It is on the verge of total failure. It would be cost prohibitive to install a new system due to the size of our backyard. Thank you for your interest in this matter. Dave and Bonnie Harmon 3 ,� a+ want to... _ _ - 1 PIN: 09-25-479-013 DAVID R BONNIE , 2301 W Country Lane AdditionalView Detaiis 1- --__ i� } I � -.. .. ll r y' Tvlk f yl it owmmaf�I 1y LE a A -ml — _I ,14Wm 1 1 i ... 14 Ij Sewer Main 411111, AMR 4 ma low w �I .-----' -dal - - -- ---- Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FOR: October 17, 2016 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Consideration of an Ordinance granting a use variance to allow a restaurant serving alcohol with outdoor seating, as well as service and consumption of food and alcohol outdoors with limited outdoor entertainment, at 1402 N. Riverside Drive ATT: 1. Location Map and Photographs of Surrounding Area 2. Ordinance approving a Use Variance to allow a restaurant with outdoor seating including outdoor service of food and alcohol and outdoor entertainment for the property located at 1402 Riverside Drive 3. Unapproved Planning and Zoning Commission Minutes dated September 21, 2016 4. Planning and Zoning Commission Minutes dated February 17, 2016 5. Application Packet AGENDA ITEM SUMMARY: The Council is being asked to consider approval of a Use Variance to allow a restaurant serving alcohol with outdoor seating, as well as service and consumption of food and alcohol outdoors and outdoor entertainment, at 1402 N Riverside Drive. BACKGROUND AND DESCRIPTION OF REQUEST: In 2010 the applicant received approval for a conditional use permit to allow the operation of a restaurant serving alcoholic beverages with live entertainment at 1402 North Riverside Drive subject to the following condition: • The entertainment be limited to the inside of the building and that no outdoor entertainment be permitted; In 2015, After the Fox Restaurant located at 1406 N Riverside Drive obtained a conditional use permit to allow an expansion to their existing outdoor seating area which is directly adjacent to the Fox River. On February 17, 2016 the applicant appeared before the Planning and Zoning 1 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Commission (minutes attached). The major concerns discussed at that meeting included: lack of parking; enforcement of parking; outdoor music/entertainment, potential amplification of music; fighting/disorderly conduct and enforcement and lack of security. The following motion was made: approval of a use variance to allow a restaurant with outdoor seating including outdoor service of food and alcohol and outdoor entertainment, consisting solely of piped music from the inside through outdoor speakers, with the following conditions, as amended: • Outdoor entertainment shall be limited to music piped outside and any live entertainment shall require a temporary use permit or alternatively an amendment to any approved use variance. • Access to the outdoor seating area shall be perpetually restricted to the free flow of pedestrian traffic and generally be directly through the building with the exception of emergency access. The outdoor patio shall be completely fenced -off to the general public around the perimeter. • A decorative -style fencing shall be utilized to enclose the proposed outdoor patio, which is transparent, less than 50% opacity and may include: decorative PVC, vinyl, or wrought iron but not include chain link, solid wood or other fencing which is more than 50% opacity. • Live outdoor entertainment is prohibited without amendment to an approved use variance ordinance or approval of a separate temporary use permit. • Outdoor dumpster shall be screened in accordance with zoning ordinance. • No amplified music is to be allowed outdoors at any time. • No outside music is to be allowed to be played after 10:00 pm Monday through Thursday nights, or after 11:00 pm Friday through Sunday nights. • After construction is completed, a topographic survey shall be completed to ensure property is in compliance with floodplain ordinance/restrictions and consistent with initial topographic survey. • Site shall be developed in substantial conformance with the site plan and elevation renderings prepared by Aspect Design Inc. dated 12/16/15 and a latest revision date of 1/20/16 and consisting of three sheets. The Planning and Zoning Commission voted (3-2) to approve, however four votes are required for an official recommendation to the City Council or a 2/3 majority or five votes are required at City Council to approve the request. Following the Planning and Zoning meeting staff and the applicant met to discuss the concerns as they related to police calls and loud music and fighting/disorderly conduct. The applicant acknowledged and understood the concerns. At Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us that time staff recommended the applicant withdraw his request, address the concerns as they related to police calls, and reapply at a later date. Since that time the applicant has taken steps to address these concerns, including hiring private security, and the McHenry Police Department reports that there has been only one substantiated call at the location in the past 5.5 months. ANALYSIS: In 2015 the zoning ordinance was amended to allow outdoor seating by right with limitations outlined below and the variations being requested are highlighted. Outdoor Seating (MC-15-1113) a. Application form for an Outdoor Seating Permit shall be submitted which identifies business name, address, PIN, zoning designation, name/address/phone/fax/email of applicant and property owner. b. A dimensioned site plan indicating the number and location of the tables (including table measurements), chairs, trash receptacles and any other related elements. c. A separate "Waiver of Liability" form signed by the business owner, and in the case of leased property, the property owner for outside seating on public property, or alternatively a "Waiver of Liability" provision shall be included on the Outdoor Seating Permit Application. d. Once an Outdoor Seating Permit is issued, it shall remain active until such time as the requesting business ceases to exist. In other words, it does not have to be renewed annually. The Outdoor Seating Permit shall include a statement that authorizes the City to revoke the permit if any of the established conditions are not met. e. Establishments with existing outdoor seating and/or with an existing conditional use permit which addresses outdoor seating, service of food and/or alcohol, outdoor preparation of food and/or live entertainment and/or dancing may be permitted to continue to exist however any changes proposed by any of those establishments in the future will require submittal of an Outdoor Seating Permit application as defined herein and all conditions included herein shall be met which may include a variance and/or amendment to an existing ordinance if applicable. f. Approved ingress and egress to and from a building must be maintained as required by the City currently adopted building code. g. Preparation and service of food outside is prohibited. 3 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us h. Service and consumption of alcohol outside is prohibited. i. Outdoor seating must be located on a hard surface such as asphalt, concrete, brick or wood. j. Outdoor seating is prohibited within a required landscape island or area. k. Outdoor seating located adjacent to a vehicular parking area or driving aisle shall be separated by a physical barrier (fence, gate, landscape planter, etc.) I. A $25 permit fee shall be required for any establishment seeking an Outdoor Seating Permit in accordance with the recommended provisions included herein. m. An inspection shall be required following Outdoor Seating Permit review and prior to use of outdoor seating. n. Sidewalks shall not be reduced to a clear usable width of less than 48-inches. o. Pedestrian and motor vehicle vision clearance must not be blocked at intersections, driveways, doors and signage. This includes the use of appurtenances (umbrellas, etc.) p. Tables, chairs and other related items utilized in conjunction with an outdoor seating area shall be appropriately secured in the case of high winds. q. Operation of outdoor seating area is only permitted when the business for which the Outdoor Seating Permit was issued is open but in no instance prior to 7:00 AM or after 10:00 PM. (MC-15-1113) r. Outdoor seating on public property must be removed during hours that it is not being utilized. s. The use of signage, pennants, banners, flags (other than American), lighting, electric amplification ornoise-making devices is prohibited. t. No electrical appliances or open flame devices shall be located or utilized within the outdoor seating area however the use of "infrared -style" heaters is permitted in accordance with any applicable testing organization (UL) or other listing and in accordance with the manufacturer's specifications. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us u. Outdoor seating on public property shall be immediately removed by the business owner any time the City Administrator or his/her designee, determines that a clear sidewalk is needed because of traffic, street cleaning, snow or ice removal, maintenance, utility work, crowd control, parade, emergency, or in the case of violation of any of the above conditions included in this section. Attached are a site plan and proposed elevations depicting the outdoor seating areas, including a two -tiered deck and a patio below which will be enclosed by a fence. This is the same request submitted in February. The dumpster will be relocated underneath the deck. Staff has met with the applicant and his architects to discuss the building aspects of the proposal, logistically how the outdoor seating would be configured, and also requested a topographic survey be completed to determine the exact location of the floodplain due to the grade of the property in direct proximity to the Fox River. The applicant can build within the floodplain, however he cannot lower the floodplain elevation, construct anything in a floodway, nor add fill within the floodplain without prior approval from the Federal Emergency Management Agency. The applicant had an initial topographic survey completed to determine the location and elevation directly to the east of the building on the subject property. Use Variances must satisfy criteria based upon the following: practical difficulties or particular hardship; reasonable return; unique circumstances; not altering local character and consistent with the comprehensive plan. The proposed outdoor seating expansion at 1402 N Riverside Drive (northeast corner of Riverside Drive and Pearl Street) is consistent with the overall plan for the downtown area, as well as complimentary to the future expansion of the McHenry Riverwalk. The applicant is proposing limited outdoor entertainment. General free -flowing access to the outdoor seating area will be restricted with patrons walking through the inside of the restaurant to access the outdoor seating. Staff believes this will be a significant enhancement and improvement to the downtown and will add to the City's ongoing downtown revitalization efforts. While parking is a general concern in the downtown, Council is reminded that there is no parking requirement in the C4 district, and the need for parking within the downtown area should not be placed upon one property owner or business to solve. It is an ongoing discussion and options to improvement parking are continually being explored, however any successful downtown will have issues with parking, so the focus of the discussion at the meeting should remain centered around the outdoor seating; service and consumption of food and alcohol outdoors with limited outdoor 5 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us entertainment. Additionally, the applicant stated he would adhere to the same outdoor entertainment restrictions as Buddyz on Green Street. Buddyz has outdoor entertainment and the following conditions were placed on the temporary use by staff: • The temporary use is only permitted from 7:00 PM to 10:00 PM on the dates provided by Buddyz; the outdoor seating ordinance limits outdoor seating until 10:00 PM however as -proposed the 10:00 PM restriction would only be on outdoor entertainment and not outdoor seating, which could extend past 10:00 PM; • Separate permits are required for exterior signage; • Any and all electric shall be weather proof and ground fault circuit interrupt protected and comply with the 2008 Edition of the National Electric Code; • Abide by the Illinois Accessibility Code at all times; and • Sound levels being generated shall comply with the requirements found in Section XII of the City of McHenry Zoning Ordinance and Chapter 14.8 of the Municipal Code. For the City Council's reference Section XII of the City of McHenry Zoning Ordinance and Chapter 14.8 of the Municipal Code are attached to this supplement. PLANNING AND ZONING COMMISSION: On September 21, 2016 the Planning and Zoning Commission again considered this request and unanimously recommended approval of an application for a use variance to allow a restaurant with outdoor seating, including outdoor service of food and alcohol and outdoor entertainment and any other variances required to effectuate the aforementioned request with the following conditions: • Outdoor entertainment, including live musical entertainment, shall only be permitted from 7:00 PM to 10:00 PM; • Outdoor seating shall not extend beyond the hours dictated by the applicant's liquor license; • Separate permits are required for exterior signage; • Any and all electric shall be weather proof and ground fault circuit interrupt protected and comply with the 2008 Edition of the National Electric Code; • Abide by the Illinois Accessibility Code at all times; • Sound levels being generated shall comply with the requirements found in Section XII of the City of McHenry Zoning Ordinance and Chapter 14.8 of the Municipal Code; • Access to the outdoor seating area shall be perpetually restricted to the free flow of pedestrian traffic and generally be directed through the building with the exception of 0 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us emergency access. The outdoor patio shall be completely fenced -off to the general public around the perimeter; • A decorative -style fencing shall be utilized to enclose the proposed outdoor patio, which is transparent, less than 50% opacity and may include: decorative PVC, vinyl, or wrought iron but not include chain link, solid wood or other fencing which is more than 50% opacity; • Outdoor dumpster shall be screened in accordance with the zoning ordinance. • After construction is completed, a topographic survey shall be completed to ensure property is in compliance with floodplain ordinance/restrictions and consistent with the initial topographic survey; and • Site shall be developed in substantial conformance with the site plan and elevation renderings prepared by Aspect Design Inc. dated 12/16/15 and a latest revision date of 1/20/16 and consisting of three sheets. RECOMMENDATION: Therefore, if the City Council concurs with the Planning and Zoning Commission it is recommended that a motion be made to approve the attached Ordinance Granting a use variance to allow a restaurant with outdoor seating, including outdoor service of food and alcohol and outdoor entertainment, for the property located at 1402 N. Riverside Drive. 7 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Location Map of Subject Property and Surrounding Properties (1402 N Riverside Drive) s i (3 r Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ----------...----- ---- -- - -- -- --- ---- --- - .Y ILK_- -- View of Subject Property looking north from Pearl Street Bridge f f � Proposed Outdoor Seating Area i View of Subject Property looking northeast from Pearl Street/Riverside Drive Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Proposed Outdoor Seating Area View of Subject Property looking northeast from Pearl Street Bridge J p Y g g 10 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO. 16- AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A RESTAURANT WITH OUTDOOR SEATING INCLUDING OUTDOOR SERVICE OF FOOD AND ALCOHOL AND OUTDOOR ENTERTAINMENT FOR THE PROPERTY LOCATED AT 1402 N RIVERSIDE DRIVE IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and Whereas, a petition has been filed with the City by Corkscrew Pointe, Inc. ("Applicant") requesting a Use Variance to allow a restaurant with outdoor seating including service of food and alcohol outside and limited outdoor entertainment on the property located at 1402 N Riverside Drive and legally described on Exhibit A, attached hereto and incorporated herein ("SUBJECT PROPERTY"); and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on September 21, 2016 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission voted (7-0) in favor of the use variance; and WHEREAS, the City Council has considered the evidence and vote from the Planning and Zoning Commission and finds that the approval of the requested use 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: The SUBJECT PROPERTY is hereby granted a Use Variance to allow a restaurant with outdoor seating, including outdoor service of food and alcohol and outdoor entertainment with the following conditions: • Outdoor entertainment, including live musical entertainment, shall only be permitted 11 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us from 7:00 PM to 10:00 PM; • Outdoor seating shall not extend beyond the hours dictated by the applicant's liquor license; • Separate permits are required for exterior signage; • Any and all electric shall be weather proof and ground fault circuit interrupt protected and comply with the 2008 Edition of the National Electric Code; • Abide by the Illinois Accessibility Code at all times; • Sound levels being generated shall comply with the requirements found in Section XII of the City of McHenry Zoning Ordinance and Chapter 14.8 of the Municipal Code; • Access to the outdoor seating area shall be perpetually restricted to the free flow of pedestrian traffic and generally be directed through the building with the exception of emergency access. The outdoor patio shall be completely fenced -off to the general public around the perimeter; • A decorative -style fencing shall be utilized to enclose the proposed outdoor patio, which is transparent, less than 50% opacity and may include: decorative PVC, vinyl, or wrought iron but not include chain link, solid wood or other fencing which is more than 50% opacity; • Outdoor dumpster shall be screened in accordance with the zoning ordinance. • After construction is completed, a topographic survey shall be completed to ensure the property is in compliance with floodplain ordinance/restrictions and consistent with the initial topographic survey; and • Site shall be developed in substantial conformance with the site plan and elevation renderings prepared by Aspect Design Inc. dated 12/16/15 and a latest revision date of 1/20/16 and consisting of three sheets; and SECTION 2: In granting said Use Variance, the City Council finds that the requirements of Table 32(A) of the Zoning Ordinance have been met in that: 11 For reasons fully set forth in the written findings, the strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. 2) The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the Zoning Ordinance for the pertinent zoning district. 3) Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. 12 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 4) The granting of the use variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 5) The granting of a use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the City's Comprehensive Plan. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed and approved this AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: MAYOR ATTEST: CITY CLERK to day of , 2016 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of Subject Property Lot 6 (except a strip of land 19 feet in width off from the entire northerly side thereof), in block 17 in the original plat of McHenry on the west side of Fox River, a subdivision of part of the southeast quarter of section 26, Township 45 north, Range 8 east of the Third Principal Meridian, according to the plat thereof recorded July 6, 1840 in Book B of Deeds, Page 160, in McHenry County, Illinois. Commonly referred to as 1402 N. Riverside Dr. 14 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit B Site Plan 15 P,et�iE DELI LO! bl140 Ti4rfi'�Yn GONG• �' u�.vey wa EXrn.a✓�� f - ." S'(A rRs�Fe�e� r :,p- Wd4 ��fs'�=•' �_:-- �'�s o V � '. j y �� _ � � ` cil �' �a fr�� - -`. � s is W � earrcll �� _ W PEARLSTREtET �4LCiy PRKIMIA/ ��r� p��l �� .:./ �. •,� � � :r' �� <' i� .'" .: .r�NENDF.gC �rc�w peQw �� ,. ' o� Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City of McHenry Planning and Zoning Commission Minutes September 21, 2016 Chairman Strach called the September 21, 2016 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Doherty, Meyer, Miller, Sobotta, Strach, Thacker, and Walsh. Absent: None. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, and Administrative Assistant Wolf. Public Hearing: John Macrito File No. Z-902 1402 N. Riverside Drive Use Variance to allow a restaurant serving alcohol with outdoor seating, as well as service and consumption of food and alcohol outdoors and limited outdoor entertainment and any other variances required from, including but not limited to, Article III. General District Regulations: H. Operations within Enclosed Buildings Outdoor Seating, effectuating the aforementioned request on the subject property Chairman Strach called the Public Hearing to order at 7:45 p.m. regarding File No Z-902, an application for a Use Variance to allow a restaurant serving alcohol with outdoor seating, as well as service and consumption of food and alcohol outdoors and limited outdoor entertainment and any other variances required from, including but not limited to, Article III. General District Regulations: H. Operations within Enclosed Buildings Outdoor Seating, effectuating the aforementioned request as submitted by John Macrito, Corkscrew Pointe, for the property located at 1402 N. Riverside Dr., McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on September 3, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Mr. John Macrito, owner of Corkscrew Pointe, 1733 Pine Street, McHenry, IL who was sworn in by Chairman Strach. Mr. Macrito provided a summary of the request before the Commission at this Hearing stating he is seeking approval to put an outdoor deck on the property for his business, Corkscrew Pointe, similar to what is in place for several other businesses in the downtown area. 16 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the subject property is currently zoned C-4 Downtown Commercial and contains an approximately 6,700 square foot building which contains offices; restaurant/bar (Corkscrew Pointe and a barbershop in the basement). A brief history of Corkscrew Pointe's establishment since 2010 was given, along with recent history of conditional use permits approved for similar establishments in the same corridor. On February 17, 2016 the applicant appeared before the Planning and Zoning Commission with this same request. The major concerns discussed at that meeting included: lack of parking; enforcement of parking; outdoor music/entertainment, potential amplification of music; fighting/disorderly conduct and enforcement and lack of security. The Planning and Zoning Commission voted (3-2) to approve however a 2/3 majority or five votes are required at City Council to approve the request. Following the Planning and Zoning meeting, staff and the applicant met to discuss the concerns as they related to police calls and loud music and fighting/disorderly conduct. The applicant acknowledged and understood the concerns. At that time staff recommended the applicant withdraw his request; address the concerns as they related to police calls and reapply in the fall. Since that time the applicant has hired security and since his withdrawal there has been a vast improvement. Staff spoke to the police department which reviewed the calls to the applicant's business and stated there has been only one substantiated call in the past 6.5 months. In 2015 the zoning ordinance was amended to allow outdoor seating by right with limitations. The variations being requested from the conditions of outdoor seating are: g. Preparation and service of food outside is prohibited. h. Service and consumption of alcohol outside is prohibited. q. Operation of outdoor seating area is only permitted when the business for which the Outdoor Seating Permit was issued is open but in no instance prior to 7:00 AM or after 10:00 PM. (MC-15-1113) A site plan and proposed elevations depicting the outdoor seating areas, including atwo-tiered deck and a patio below which will be enclosed by a fence, were presented; the same request submitted in February. The dumpster will be relocated underneath the deck. The applicant can build within the floodplain, however he cannot lower the floodplain elevation, construct anything in a floodway nor add fill within the floodplain without prior approval from the Federal Emergency Management Agency. The applicant understands this Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us requirement and had an initial topographic survey completed to determine the location and elevation directly to the east of the building on the subject property. Use Variances must satisfy specific criteria. The proposed outdoor seating expansion at 1402 N Riverside Drive is consistent with the overall plan for the downtown area, as well as complimentary to the future expansion of the McHenry Riverwalk. The applicant is proposing limited outdoor entertainment. General free -flowing access to the outdoor seating area will be restricted with patrons walking through the inside of the restaurant to access the outdoor seating. Staff maintains this will be a significant enhancement and improvement to the downtown and will add to the City's ongoing downtown revitalization efforts. While parking is a concern there is no parking requirement in the C4 district, and the need for parking within the downtown area should not be placed upon one property owner or business to solve. Director of Economic Development Martin explained parking is always an ongoing discussion and options are continually being explored, however any successful downtown will have issues with parking so the focus of the discussion at the meeting should remain centered around the outdoor seating; service and consumption of food and alcohol outdoors with limited outdoor entertainment. Additionally, the Commission should focus their review and findings of fact on Table 32(A). Director Martin stated to that end the applicant stated he would adhere to the same outdoor entertainment restrictions as Buddyz on Green Street, explaining Buddyz has outdoor entertainment with specific conditions placed on that temporary use by staff. For the Commission's reference Section XII of the City of McHenry Zoning Ordinance and Chapter 14.8 of the Municipal Code were presented to review regarding the conditions. Reviewing the requirements in Table 32(A) of the zoning ordinance, staff believes the proposed pI oject will not produce any additional adverse impacts to traffic, the environment, the neighborhood, public service and facilities or public safety and health than would any other permitted use in the C4 zoning district. Director of Economic Development Martin stated staff is recommending approval of a use variance to allow a restaurant with outdoor seating; including outdoor service of food and alcohol and outdoor entertainment and any other variances required to effectuate the aforementioned request with conditions as presented and Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Commissioner Miller inquired as to the number of people the deck seating will hold, the number of employees needed to service the new deck space per shift and whether the safety of employees in parking further from the building has been taken into account. Mr. Macrito responded the deck and patio is proposed to seat 35-40 people, and he will need to hire a few additional employees expecting to employ 34 people per shift. He further stated employees will be given directive to park further from the building especially during peak shifts in order to leave parking spaces for patrons. Mr. Macrito further explained in his opinion Veteran's Park always has spaces available and he will direct employees to park there when needed and offer them a security escort to their vehicles if requested. They will monitor the parking situation in general and possibly offer a shuttle for patrons in the future. Commissioner Miller asked what type of fencing will be used and if it will help with noise. Mr. Macrito responded he is unsure of the fence type he will use but his original thought is wood for decorative purposes. Director Martin stated fences are extremely difficult to build as a method to deflect noise. Director of Economic Development Martin stated part of the ongoing challenge in downtown areas is the visibility of available parking locations. He further stated a parking map will be updated and the City staff is working on improving the visibility with signage and maps. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:55 p.m. Motion by Miller, seconded by Meyer, to recommend to the City Council with regard to File No. Z-902, approval of an application for a use variance to allow a restaurant with outdoor seating; including outdoor service of food and alcohol and outdoor entertainment and any other variances required to effectuate the aforementioned request with the following conditions: • Outdoor entertainment, including live musical entertainment, shall only be permitted from 7:00 PM to 10:00 PM; • Outdoor seating shall not extend beyond the hours dictated by the applicant's liquor license; • Separate permits are required for exterior signage; • Any and all electric shall be weather proof and ground fault circuit interrupted protected and comply with the 2008 Edition of the National Electric Code; • Abide by the Illinois Accessibility Code at all times; • Sound levels being generated shall comply with the requirements found in Section XII of the City of McHenry Zoning Ordinance and Chapter 14.8 of the Municipal Code; 19 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • Access to the outdoor seating area shall be perpetually restricted to the free flow of pedestrian traffic and generally be directly through the building with the exception of emergency access. The outdoor patio shall be completely fenced -off to the general public around the perimeter; • A decorative -style fencing shall be utilized to enclose the proposed outdoor patio, which is transparent, less than 50% opacity and may include: decorative PVC, vinyl, or wrought iron but not include chain link, solid wood or other fencing which is more than 50% opacity; • Outdoor dumpster shall be screened in accordance with zoning ordinance. • After construction is completed, topographic survey shall be completed to ensure property is in compliance with floodplain ordinance/restrictions and consistent with initial topographic survey; and • Site shall be developed in substantial conformance with the site plan and elevation renderings prepared by Aspect Design Inc. dated 12/16/15 and a latest revision date of 1/20/16 and consisting of three sheets; and be granted and all requirements in Table 32(A) of the zoning ordinance have been satisfied. Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Strach closed the Public Hearing regarding File No. 7-902 at 7:55 p.m. Staff Report The next Planning and Zoning meeting is scheduled for Wednesday, October 19, 2016. Adjournment Motion by Thacker, seconded by Doherty, to adjourn the meeting at 8:00 p.m. Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The meeting was adjourned at 8:00 p.m. 20 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Respectfully submitted, Dorothy M. Wolf, Administrative Assistant City of McHenry 21 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City of McHenry Unapproved Planning and Zoning Commission Minutes February 17, 2016 Chairman Strach called the February 17, 2016 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Doherty, Vallez, Meyer, Strach, and Thacker. Absent: Bromley, Sobotta. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, and Administrative Assistant Wolf. No one signed into speak during Public Input. Public Hearing: John Macrito File No. Z-888 1402 N. Riverside Drive Use Variance to allow a restaurant serving alcohol with outdoor seating, as well as service and consumption of food and alcohol outdoors and limited outdoor entertainment and any other variances required from, including but not limited to, Article III, General District Regulations: H. Operations within Enclosed Buildings Outdoor Seating, effectuating the aforementioned request on the subject property. Chairman Strach called the Public Hearing to order at 8:03 p.m. regarding File No Z-888, an application for a Use Variance to allow a restaurant serving alcohol with outdoor seating, as well as service and consumption of food and alcohol outdoors and limited outdoor entertainment and any other variances required from, including but not limited to, Article III. General District Regulations: H. Operations within Enclosed Buildings Outdoor Seating, effectuating the aforementioned request as submitted by John Macrito, Corkscrew Pointe, for the property located at 1402 N. Riverside Dr., McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on February 1, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Mr. John Macrito, owner of Corkscrew Pointe, 2261 Concord Dr., McHenry, IL who was sworn in by Chairman Strach. Mr. Macrito provided a summary of the request 22 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us before the Commission at this Hearing stating he is seeking approval to put an outdoor deck on the property for his business, Corkscrew Pointe. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the subject property is currently zoned C 4 Downtown Commercial and contains an approximately 6,700 square foot building which contains offices, restaurant/bar (Corkscrew Pointe and a barbershop in the basement). On October 21, 2010 the applicant appeared before the Planning and Zoning Commission and received unanimous approval for a conditional use permit to allow the operation of a restaurant serving alcoholic beverages with live entertainment at 1402 North Riverside Drive subject to the condition that entertainment be limited to the inside of the building and that no outdoor entertainment be permitted. In 2015 After the Fox Restaurant, located at 1406 N Riverside Drive, obtained a conditional use permit to allow an expansion to their existing outdoor seating area which is directly adjacent to the Fox River. Recently Bulldog Alehouse was granted a use variance to allow outdoor seating at 209 N Front Street. In 2015 the zoning ordinance was amended to allow outdoor seating by right with limitations. Similar to Bulldog Alehouse, the applicant is seeking approval to allow outdoor seating with a couple of variations from what is allowed by -right. The variations being requested specifically are limited preparation and service of food outdoors, limited service of alcohol outdoors, and approval of outdoor seating. A site plan and proposed elevations depicting the outdoor seating areas, including atwo-tiered deck and a patio below which will be enclosed by a fence, were presented. The dumpster will be relocated underneath the deck. Staff has met with the applicant and his architects to discuss the building aspects of the proposal, logistically how the outdoor seating would be configured and also requested a topographic survey be completed to determine the exact location of the floodplain due to the grade of the property in direct proximity to the Fox River. The applicant can build within the floodplain, however he cannot lower the floodplain elevation, construct anything in a floodway nor add fill within the floodplain without prior approval from the Federal Emergency Management Agency. Use Variances must satisfy certain criteria. The proposed outdoor seating expansion at 1402 N Riverside Drive (northeast corner of Riverside Drive and Pearl Street) is consistent with the overall plan for the downtown area, as well as complimentary to the future expansion of the 23 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us McHenry Riverwalk. The applicant is proposing limited outdoor entertainment. General lowing access access to the outdoor seating area will be restricted with patrons walking through the inside of the restaurant to access the outdoor seating. Reviewing the requirements in Table 32(A) of the zoning ordinance, staff believes the proposed project will not produce any additional adverse impacts to traffic, the environment, the neighborhood, public service and facilities or public safety and health than would any other permitted use in the C4 zoning district. Director of Economic Development Martin stated Staff is recommending approval of a use variance to allow a restaurant with outdoor seating; including outdoor service of food and alcohol and outdoor entertainment, consisting solely of piped music from the inside through outdoor speakers, and any other variances required to effectuate the aforementioned request with conditions, as presented, and Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Meyer inquired as to what procedures are in place in the event the project is completed and the new topographical survey shows the elevation has been lowered. Director of Economic Development Martin stated Mr. Macrito will have to address the issues with FEMA to satisfy their requirements, and apply for relief and address the issue. If it impacts the flood plain it will involve FEMA but it would not be directly tied to the City other than making sure he rectifies the situation with FEMA. Commissioner Meyer inquired as to the rules by right for the outdoor seating permit. Director of Economic Development Martin stated applicants must meet all the requirements listed on our outdoor seating permit. Hours of operation would be determined by the liquor license rules and hours. Commissioner Doherty inquired as to other businesses in the area having the same ability to ask for this type of use variance and extended hours. Director of Economic Development Martin stated hours of liquor service are ruled by the ordinance. If there are complaints that is another issue that would have to be addressed by the noise ordinance on a case by case basis. Director Martin stated Mr. Macrito needs to meet the confines of the ordinance and that the City's rules and regulations are being followed. It is allowed for all businesses and within the parameters of City ordinances to make this request. 24 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Commissioner Strach inquired if the current use variance recently approved at After the Fox follows the same guidelines as is being requested by Mr. Macrito. Director of Economic Development Martin stated both businesses will be governed by the same rules if they both have the same liquor license. It is dependent on the liquor license regulations. Any establishment with a liquor license and outside seating is regulated in the same manner. Commissioner Doherty stated there are six parking spots being lost due to the construction and asked if they will be added somewhere else. Director of Economic Development Martin stated there is no parking requirement in C 4 zoning districts, so it is not required by ordinance. Commissioner Doherty stated a concern with the parking due to the amount of business done in the area at night and on weekends. Chairman Strach opened the floor to questions and comments from the audience. The following were sworn in by Chairman Strach prior to their addressing the Commission: Craig Kurchina, owner Whale's Wash, 1404 N. Riverside Dr., McHenry, next door to the subject property. Mr. Kurchina stated a concern with parking for his business and for the tenant living in the back of his building due to noise if this is approved. Commissioner Meyer responded the ordinance states parking is not required so it is outside the commission's ability to require anything be done for that issue. Commissioner Meyer asked Mr. Kurchina if he experienced any similar issues since After the Fox was granted a use variance for the same thing. Mr. Kurchina stated he has not had any noise issues from After the Fox. Kevin Plastina, 3212 W Skyway, McHenry, IL, owner of Old Bridge Tavern, stated he is also concerned with the parking issues for the businesses on Riverside Drive in general, which is an issue the business owners feel needs to be addressed and taken into consideration. Private parking in the back of his property is and has been an issue with citizens looking for public parking attempting to park there, even though it is private. He further stated a need for parking to be made available for the five apartments in his building. Brian Maronde, 1509 Riverside Dr., McHenry, IL opined he understands pride in the Riverwalk project but if this is approved it will cause more parking issues. Mr. Maronde opined outdoor music will be an issue because this establishment already has noise complaints that have never been properly addressed by Mr. Macrito and the establishment is called weekly for patron fights and the character of the clientele was taken into question. Mr. Maronde stated these concerns are serious and need to be addressed before approval is given. 25 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Bob Funk, 1622 N. Riverside Dr., McHenry, IL stated he owns the property immediately south of the subject property, which houses the Old Bridge Tavern. His concern is parking, stating the private parking behind his building already has issues and increased business on Riverside Drive will only cause more issues. Mr. Macrito responded to concerns stating security issues are being addressed, not weekly but more like quarterly, and a security company has recently been employed. Having the deck will require more employees and he intends to hire more staff. Entering through the building, as required in one of the conditions, will help with security as well. Mr. Macrito stated he is not happy about fights on his property and that is why he is addressing the security issues already and hiring more staff. He is only aware of one call regarding noise when he had karaoke over a year ago and it was addressed and taken care of. Pat Summers, 1406 Riverside Dr., McHenry, IL, owner of After the Fox stated he doesn't mind Or. Macrito's business, stating more people brought to the area is good for everyone. He further agreed that parking is an issue. He opined the employees of the subject building park right in front of his business for longer than the four-hour time limit and he does not believe it is addressed. He opined employees for the building should be provided parking elsewhere, not in front of the businesses. Director of Economic Development Martin stated the City is aware parking is an issue affecting the businesses. The city has worked with business owners on Green Street for parking issues there. A community officer has issued tickets in all the city parking districts. The City has tried to accommodate each area as it is requested. The noise issues are addressed by the police if they are called. Director of Economic Development Martin stated he will try to work with the business owners on the street as a collaborative effort with a consensus on changing the parking time limits if that is what they feel is needed. He stated the City is open to a discussion. Director Martin told business owners to call the police if there is an issue with zoning, parking or noise and the issues will be addressed. He stated all complaints are investigated, however some are unfounded. Mr. Macrito stated he understands and is in agreement there are parking problems for Riverside Drive businesses, however it always has been. He is open to offering valet parking in order to accommodate the concerns. Jim Archos, 808 N. John St., McHenry, IL, owner of Bimbos Restaurant, stated the noise is a problem for his tenants and that is his only concern. He opined the City cannot compare the business done at Corkscrew with the business done at After the Fox and Bimbos in regard to 26 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us noise, stating they are run differently. Commissioner Strach stated all the business owners have the same ability to request the same variances needed by ordinance. Director of Economic Development Martin stated the City wants all the businesses to be successful and tries to be fair to everyone and enforce the ordinances in place. Mr. Macrito responded to concerns being stated replying he just built two new bathrooms at Corkscrew Pointe to accommodate the increase in patrons he is attracting. He is very agreeable to a restriction on the time for the noise/music hours if that is what is necessary to facilitate his request being approved. Director of Economic Development Martin stated commissioners can place an extra condition on approval if they desire. Commissioner Meyer stated noise and parking seem to be the major concerns stated. Since parking really cannot be addressed by the Commission due to zoning requirements, he suggests a condition be added regarding a restriction on the time allowed for outside piped music. He further stated parking issues can be addressed at the City Council level. Or. Macrito stated he is agreeable to shutting the music off outside at 10 or 11 pm. He just wants the same rights given to him that other businesses like Buddyz have been given. Chairman Strach closed the public comment portion of the hearing at 8:45 p.m. Commissioner Vallez opined there appears to be inconsistencies of service of food until 10:00 p.m. but continued service of liquor until 1:00 a.m. He asked Director Martin if extra conditions should even be placed on their recommendation or if the City Council should just address the concerns as a whole. Director of Economic Development Martin stated outside service and seating until 10:00 p.m. is by right. Commissioner Vallez opined the density issue and its negative impact on the community is an issue and is hard to ignore when you have six people as well as the applicant recognizing there is certainly a parking issue. Commissioner Vallez stated he wants a message given to City Council that the density issue must be addressed. Commissioner Doherty asked if the applicant would agree to limit the operation of outdoor music to 10:00 pm. Mr. Macrito stated he would prefer a music limitation to 11:00 p.m. and Or. Archos stated he would also be in agreement with an 11:00 p.m. ending time for outside music. Commissioner Meyer asked for clarification on what restricts the time of the outside entertainment. Director of Economic Development Martin stated a request must be made to serve food and alcohol outside and there is no set time restriction. The Plan Commission can 27 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us add a conon to limit the time. Commissioner Meyer asked if there is an ordinance restricting outside music, with or without a time limit. Director of Economic Development Martin stated outside music must also be requested and that conditions can be placed on the use variance because none of what is being requested is allowed by right. Commissioner Meyer asked if restrictions on timing of music or service were placed on the variance when After the Fox was before the Planning Commission recently with similar requests. Director of Economic Development Martin stated no outdoor entertainment was requested and no extended time limits were requested by Mr. Summers for After the Fox, although he could have asked if he wanted to. Commissioner Meyer stated it appears the Commission can't address the parking concerns but can place restrictions on time for noise; however, if it is allowable for everyone who requests outside service and entertainment, he does not believe it is an issue that the Commission should restrict. Commissioner Vallez asked for clarification on outdoor entertainment —being just piped music from the inside or music with speakers and/or amplifiers. Discussion ensued. Mr. Macrito stated he is only asking for inside music to be played outside on speakers, not amplified or live music. Commissioner Doherty opined the parking needs to be addressed now, noting past mistakes by the Planning Commission and City Council with similar circumstances have still not been addressed and are still a subject of discussion around town. Commissioner Strach stated parking availability in some areas of town has changed due to roadway expansion and other things since some of the buildings in areas with issues were originally built. He addressed the Commission stating unfortunately parking is not the issue that is able to be voted on or corrected at the Hearing this evening. Commissioner Strach stated in many other communities patrons have to walk a couple blocks to get to an establishment. We are a growing municipality and there is municipal parking available — maybe not directly in front of an establishment, but it is available with a walk. Director of Economic Development Martin stated he is available for an open discussion with businesses regarding parking and he does believe there are solutions that can be found with everyone (all businesses in the area) coming together in agreement. Commissioner Thacker opined a good start is to try to be proactive and address the complaints and time limits that we can now, unfortunately not all the information is available here to address immediately. m Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Responding to a question from Mr. Macrito, Commissioner Strach confirmed the outside playing of music is the only request the Commission is considering placing restrictions on, not food or beverage service. Motion by Thacker, seconded by Meyer, to recommend to the City Council with regard to File No Z- 888, an application for a use variance to allow a restaurant with outdoor seating; including outdoor service of food and alcohol and outdoor entertainment, consisting solely of piped music from the inside through outdoor speakers, with the following conditions, as amended: 1. Outdoor entertainment shall be limited to music piped outside and any live entertainment shall require a temporary use permit or alternatively an amendment to any approved use variance. 2. Access to the outdoor seating area shall be perpetually restricted to the free flow of pedestrian traffic and generally be directly through the building with the exception of emergency access. The outdoor patio shall be completely fenced -off to the general public around the perimeter. 3. A decorative -style fencing shall be utilized to enclose the proposed outdoor patio, which is transparent, less than 50% opacity and may include: decorative PVC, vinyl, or wrought iron but not include chain link, solid wood or other fencing which is more than 50% opacity. 4. Live outdoor entertainment is prohibited without amendment to an approved use variance ordinance or approval of a separate temporary use permit. 5. Outdoor dumpster shall be screened in accordance with zoning ordinance. 6. No amplified music is to be allowed outdoors at any time. 7. No outside music is to be allowed to be played after 10:00 pm Monday through Thursday nights, or after 11:00 pm Friday through Sunday nights. 8. After construction is completed, topographic survey shall be completed to ensure property is in compliance with floodplain ordinance/restrictions and consistent with initial topographic survey. 9. Site shall be developed in substantial conformance with the site plan and renderings prepared by Aspect Design Inc. dated 12/16/15 and a latest revision date of 1/20/16 and consisting of three sheets, Be granted, and that all requirements in Table 32(A) of the zoning ordinance have been satisfied. Voting Ave: Meyer, Strach, and Thacker. Voting Nay: Not Voting: Abstaining: r Doherty, Vallez. None. None. Absent: Bromley, Sobotta. Motion failed. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, minois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Commissioner Doherty stated his vote was due to the discussion on parking issues in the area and comments made regarding the noise and police issues. He further stated if he knew the parking issue would be addressed by the City Council, he may change his mind on the vote. Commissioner Vallez stated his vote reflected the density issues he opined need to be addressed and inconsistency of the City's rules on music, noise, and service outdoors which he also opined should be addressed at the City Council level, not for clarification by the Planning Commission. Chairman Strach closed the Public Hearing regarding File No. Z-888 at 9:10 p.m. 30 Public Hearing Narrative planning and Zoning commission City of McHenry Property address:1402 N. Riverside If McHenry,ll. 60050 Use Variance Bequest: outdoor Deck W/ outdoor seating (As noted in rarl" i;.af this use variance application.) Building at) outdoor deck and providing outdoor seating is consistent with ail city ordinances and plans. Taking advantage of FOX River and Riverwaik plans. The trend in the downtown area; as well as in McHenry is to augment current business with outdoor seating. Corkscrew Pointe is located an corner !ot 1n the downtown dis#riet on a small footprint. iuilding would be out a€the question considering all the elevation challenges of the property. in order to an addition compete and enhance the business and still being in total compliance with all city ordinances building the deck and providing outdoor seating is a viable solution. As designed the deck would provide seating for handicap persons entering the deck from the firs# level. All seating areas would be secured with railing and or fencing. Securing and separating the seating areas from public areas will allow proper monitoring of all customers, The gated area from the deck and • outdoor seating area will be provided for emergency exit only. A.t Corkscrew po(nte we �mderstand the Ir»portance of follawittg and understanding ail ordinances as they pertain to the construction of and maintaining the proposed deck and outdoor seating area. (Additional mote: The same request was presented earlier this Year and was withdrawn ) Thank You far your Consideration, Jahn Macrito c/o Corkscrew Pointe, inc, t? SA Ff}e ticubez All! FU-B - ClHMARMCyApPLICATION Flaiiiii�t�d Zving �oiumisstai City ofMcHentl 333 otit#r Green Sheet q McIHeirry,41-u PuvJv'� Te#: (815) G3-2I70 p hex; .{S 15) 63-217� i. NO' ofApp}icabt ._ Address f f�ai� 2. N�rna of Pl•opeltq ©weer: {If c}1�er t}i�►i Atipl#cant) `7� q Address _ / 3. Naitle of Blig#neOP _ (if ieprescrited). Address_ s- q., Name cif Atfo�-rey (I�tepres,@need} S. Caiiiiiiou-Address or_Loc�f}olt o£RrotJertji d, Requested Action{s)-{clieek al} t}iat apply) Zoning IySap Atnelidrvent (Rexoniug) I.Cmid}tionalUse-Perlllit _Z411#llg �%iti'IHflCe Tel��a'dd 0�ly 0,r 6VV Tel �_ZDri[jig,vai'}a11G8 ^ MIr10� ZouiflgTat Anti udmeiit. tliert,5'(% lam. Provide a Uref desar%priori of tiles.ItegiCested Acfiorl{s). Tor exaliiple, the operatiotY fUat gtlites a �oltd}tioria} UNU klerrWt, the.sreei o Zoiliug V rrairce needed, or the ne�v zau} ig c}assiflcatioii tliAt is iegiieated: Page � af.3 si Cairei►tUse of 'ropVLSY 8: Cur�eiit 2oiuiig Classif;caliou of ?roperty I icludutg Vailattces a ConditionalUses 4 9. c 0A4 Ctt�r�tit Zoning Classi€'tcatiaii and Land 13Se of Acijoinitzg Properties NorthS 04 Last: West: it?, iteq�iized.A.ttaehiiten#s (clseek all items suhznitted} Please-refai to the Pub3e �-learin� llequ�reauents Clir�1k1ist to detexniiiie the ze�,ttir�d attaclii�ents, A�lilic�tlori Fee _(mount) Narrative TUes�i`iPtlort of Rettiest 3. POW A - PubI•ie Hearing AI) liaatiou 4-a F4 iO l B - Zoxung MaO Amendiitent (Itezozung) Aiolication 5. FORM C — Corid iional Use Applicfitloir 6; FORM D Zoning ari2�icc. Applicatimi �7, pC)Rlvi L —Use Variance Ap,lzgation g, ProUf of Ownership �aud/or Wiltten Consent frorn property Afirldavit g p. _Adou h,9 W;opcities 11. MHO 96ari Y090tice I2, Sigh (provided by the Clty; to be,Pdsted Jliy t -�O A�i3licarit) I4. l 04scape Plata 1�.. A�rohiteGttiral.Ren�ering 4f Btiitdittg Elevataits - 16. Perfomanco Standards Gertificatioat 17. Tfic Analysis 18, Sclio4i Tinpact Analysis O tq�er is the Foini of an il, lJisciosure.o�fiitcrest. -Tiio pAr#y signing the .a�ipiiWtiti.shall be corasiderea. th(c Aiiplicaist._ Tito Applicant -taut be•the Owner or ttilWo of �eeortl, trust ben ip,..t lessen, caniract pt rchascr, yr olitton Holder of ttie subject property orhisorher ag lit or.noinliiee,. Anulica�,.�nt is. Nit Otvne . If the ApPA trot is not tho, otiiier' Of record; of. ilia subject penpArty, tiro .ap}�ilcation shalt d1WOso the legat.capaCity of ilia ,Applicant acid the #tail ii�tne, actress, aucl teX@phone number of the owrier(s)..In addition, as affidavit of the olvaers(s) shall bo filed ty th the Application stating that ilia Appi eaiif has the authority frOPA the otvners(s) to make ilia appUcatiM ------- Tf flit: Applicant, owi t, cortttaci purelt%k- glitioii lioldei, Qr alty beneilci�iy Qf a laiicl 1 1. 2 a coriitirat ciit ox paitnerslizp, the. application shall disclose the padre duet add css of the coiporation's officers, t�iiectors,'and registered agents; or llio paitiiorship's geitow pat(ner ;au those sttaie3ioldees of limited partners o�i+nhig iti excess of five percent .of, ilia outstanding stack or ,7iitetesE in the corporation or interest shared by theliiWted partners. Applicant br Oiyiier isa lsiid Trust If -Ilia Appiiohl or OWAOr is a land -trust or oer trust+ or ti't#stee thereof, the full t ania,__addressI tolephone Auober, gild- extent ofinteiAest of eaelibeneftcia -y. siiali lie di$glosedin ilia application, 12. C€rtiiicatioiL X lioreLiy cetrtiiy. #hat I am a�vae of all code xegttireii3erits of tlio City oi= ti?icHenry that relate fa this iizopei'Cy iia that #lie proposed use of 46 elopiiient described in tliis Application s}iall comply Avi#h alt. such codes. . I iter$liy request that a public oaripg to consider this applleatiari tie held Before the Pl duditg and Zatiug Coriinii aioi;; aoci. thereat that a ecartiinetidation be.fbrN 0 ed to the City Cauiicil for the adgpi 4ii of an i xdiriatice(s) gtaiiting -the requested � actiori(s), Including any modifictitions+ to this itpiilicat oil or conditions of aliproval seeommended by the 7ciI 1 9 Board of Appeals or City Coiiiicii; Si nature of A 11 lira t s Prlrit Name and besigiaa#Intl of Appllcant(s) 0 vow USE VARIANCE p1i�i�g aid Ztning Cnlussio�t City of 14Zci piny 333 $auth Gwen Street ° McHenry; iL ,, TeI: (8151363�2174 fax:. % . 5r 383 2173 T li1 °32(A} of iire City 01010. eury z".15 Oxdivaitoe liro}rldes ilt{tt _ eGomrneudi�i n royal ai_ coriditiotrai approval:af a use variance,'the Pl4twittg and Zoriiug_ Coriiirrtssiair sell, traustitit to tine City Caiancil rvritteti fiuduigs ftrat all of the condittoris listed t�eloiv apply:to the xegtiestecl.actlo .- Please res�iortd to:each of #hese eo►idi#ioit$ as itxeia#es to your' e�izest: J- Y3aGt1CiC11l1YItGillilGS uk`3CuiclLu�a�...u=.,,,...=w 'Clre stoic# fl��liC�tlOt_� Q�•the �2`Qy1SlOn5 Of the Zciirittg ordruanCe relat'trig #O fire use Of flte btttldirags: o>: stritctu�'es, o#' thsr use of #tie lariil, 'ivaiild.,"ult-fu imnecessary and iiudua lrardsliip zt on the aplilicant, as dis#irrgirisired. froirr a mole ii�nvei>etce. p , i1i1VAl 5T° coo t� i« E`t-k 2 Iteasonaliie Retiun Tlie prirperty carvrot yleid sr:eusaiialile re.€ttrii if pertnitied ly #1ie Zoing Qrdirrriee for #lie lrerttrie�t zorurig disic�c#: n CCU 3 arte Circtti>3startca Special elrcitu�statiGes exist ilaat ate liectrlar to t11e riot apple. ge�iet"a11y t!r :+() pzotiertles in 111e Sarno . to lrc used only ttrcier the Ganditious tiltoSited c f• ��Irich the use varlauee is sougtrt tivlriclr da 1 Not Alter Locnl Character 'Th6 granting bf the iise vulatice will Iaot alter--Ahe. essential_ cltacatt"Or of the localitq iigi suUs#aittial°ly i1 1POr enyirolitkietjtfil 6q j�lity, prope lty Y.1lties; orpublic safety o1.11Telfare lu flle YiO pity, 5. . Consiste�tt�vifhCo�n reltei�sivePtau Me gra ttiiig of the its -valiancewil'I be in lxaWioiiq it the geneiat purpose and ittfezit of the Zorititg Ordinance acid CO.Inprehei, 1. Q .Plnu o� the City, as viewed in_ light of auy ciiatjges coiid fl .118 since lijeir erAmNffn, iI , n �QRM Page 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT DATE: October 17, 2016 TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development RE: Consideration of an Ordinance granting the following for the property located at the northwest corner of Route 120 and Chapel Hill Road (excluding the Riverside Chocolate property) as requested by the contract purchaser Bluestone Single Tenant Properties. 1. A Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with and automobile wash; 2. A Conditional Use Permit to allow adrive-in establishment as part of a freestanding multi -tenant retail building; 3. A Variance from the off-street parking and loading requirements; 4. A Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store an automobile washing facy); 5. A Variance from the minimum spacing requirement between service stations; and 6. A Variance from the minimum parking screening strip requirement and any other variances required to develop the Subject substantial accordance with the site and landscape plans elevations submitted for this petition; and 7. Approval of a Preliminary Plat of Subdivision Property in and building E Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ATT: 1. Location Map 2. Photographs of Surrounding Area 3. Proposed Watermain Extension 4. Drive-in Establishment Guidelines 5. Planning and Zoning Commission Minutes dated August 24, 2016 6. Ordinance 7. Photographs of Existing Ricky Rockets Location in Hoffman Estates (east side of Barrington Road, south of Interstate 90 and north of Illinois Route 72) 8. Traffic Study 9. Planning and Zoning Commission Staff Report, Narrative, Planning and Zoning Application Forms, Plat of Survey and Building Elevations and Renderings 10. Letter from Manhard Consulting to Douglas P. Martin dated September 29, 2016 addressing comments pertaining to preliminary engineering; preliminary plat of subdivision and final plat of subdivision (preliminary comments); City Staff and HRGreen Comments, traffic study revisions and comments from Planning and Zoning Commission Meeting 11. Site Plan and Landscape Plan (Revised) 12. Preliminary Plat (Revised) AGENDA ITEM SUMMARY: The applicant is requesting a Conditional Use Permit to: 1) allow an automobile fueling station and drive-in establishment associated with and automobile wash; 2) a Conditional Use Permit to allow a drive-in establishment as part of a freestanding multi -tenant retail building; 3) Variance from the off-street parking and loading requirements; 4) a Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store an automobile washing facility); 5) a Variance from the minimum spacing requirement between service stations; and, 6) a Variance from the minimum parking screening strip requirement and any other variances required to develop the Subject Property in substantial accordance with the site and landscape plans and building elevations submitted for this petition; and, 7) Preliminary Plat of Subdivision Approval. BACKGROUND AND DESCRIPTION OF REQUEST: Various land uses have been proposed on the subject property over the past 15-20 years, including a Thorntons Fueling Station and a Tractor Supply Store, however one of the major impediments for each of these developments was the lack of access to the municipal water 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us supply. The applicant, as part of the proposed project, proposes to extend the City's vvatermain from its terminus approximately 160' north of Illinois Route 120 on Adams Drive, along the south side of Illinois Route 120 approximately 2,042' east and north of the City's sewer main on the south side of Route 120 to service the proposed development (see attached utility map). The applicants are proposing to construct: • Fueling center which will include: 14 fueling positions (7 pumps); • An 8,400 square -foot convenience store with an attached 1,800 square -foot retail space; • Automobile washing facility (4,900 square feet); • Three commercial (diesel) fueling dispensing stations and four parking spaces adjacent thereto; and • An additional freestanding 8,400 square -foot retail building to the west (Proposed Lot 2) of the fueling center. In order to facilitate the aforementioned the petitioner is seeking the following: 1. A Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with an automobile washing facility; 2. A Conditional Use Permit to allow a drive-in establishment as part of a proposed freestanding multi -tenant retail building; 3. A Variance from the off-street parking and loading requirements; 4. A Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store Cl" automobile washing facy); 5. A Variance from the minimum spacing requirement between service stations; 6. A Variance from the minimum parking screening strip requirement and other variances required to develop the Subject Property in substantial accordance with the site and landscape plans and building elevations submitted for this petition; and 7. Approval of a Preliminary Plat of Subdivision. These requests will be addressed by number below. 3 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ANALYSIS: Conditional Use Permit Requests (1 and 2) Request #1 — A Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with an automobile wash; and, Request #2 — A Conditional Use Permit toallow adrive-in establishment as part of a proposed freestanding multi -tenant retail building The applicant is requesting Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with an automobile washing facility (see attached Drive-in Establishment Guidelines), as well as a Conditional Use Permit to allow a drive-in establishment as part of a proposed freestanding multi -tenant retail building. Three new access points are proposed. The full access is proposed off of Illinois Route 120; a right-in/right-out off of Illinois Route 120 and a right-in/right-out/left-out along Chapel Hill Road. A right -in deceleration lane and right out acceleration need to be incorporated into the Chapel Hill Road improvements to accommodate this 4 access proposed (right-in/right-out and left -out). The traffic study was also completed by the applicant and reviewed by the City's engineer. HR Green, IDOT and MCDOT have reviewed the traffic study and a revised traffic study has been submitted to all three agencies, as well as to City staff. The City Engineer, staff and McHenry County Highway Division also discussed and recommend the applicant include a pedestrian connection to the proposed development from one of the lots on either side of the existing water tower and located at 2207 - 2211 W Country Lane. A pedestrian connection is depicted on the lot east of the water tower and a storage barn lies on the lot to the west of the water tower (see attached photographs). Also suggested was an internal vehicular connection to the west where the existing strip retail center is located. Staff believes this should be at least considered and planned for even if not immediately constructed. Staff is recommending no vehicular access be permitted onto Country Lane. Landbanked parking is depicted on the lot east of the water tower however this parking will not be built unless needed, a permit would be required if it's built and no vehicular access is being recommended onto Country Lane. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Trip generation to the proposed gas station/convenience store is directly proportional to the number of fueling positions the gas station offers. It should be noted; however, a large percentage of trips are generated from pass -by traffic or traffic already going past the site en route to another primary destination. Moreover peak trip generation hours of the gasoline station with convenience store normally coincide with the peak hours of adjacent street traffic. Road improvements on Chapel Hill Road will be set forth by the McHenry Highway Division and by the Illinois Department of Transportation on Route 120. Staff believes the internal circulation functions well on the proposed site plan; three car wash lanes are proposed. Staff is recommending directional signs be placed at locations to the north and south and adjacent to the car wash to direct traffic coming from Chapel Hill Road and Illinois Route 120 in and out of the car wash, as well as other internal direction signs for parking adjacent to the Riverside Chocolate Factory. Staff believes the applicant has done several things to mitigate any potential adverse impacts to adjacent property owners, particularly to the residential to the north including: • LED lighting will be utilized which to direct light directly to the source it is intended to serve and eliminates/vastly reduces glare; • A 25400t landscape buffer along the north property line will be installed which will include a combination of landscaping and a six-foot board on -board fence; The City's Forester will review the landscape plan to ensure compliance and plantings are appropriate -particularly along the north property line and to ensure there are no utility conflicts along the north property line with any proposed plantings; • Staff would recommend a hedge row of low growing evergreen shrubs be planted along the Route 120 frontage for the 8,400 square -foot retail building, to screen headlights onto 120 from vehicles utilizing the drive-thru and parking lot as opposed to ornamental plantings; this is depicted on the revised plans. • There will be neither overnight parking of commercial trucks nor any truck stop amenities such as showers or a laundry facility. Variance Requests (3, 4, 5, 6) The following variances are requested for this development. In summary, staff supports all variances being requested. They are minimal and will not adversely impact adjacent properties. The applicant must comply with all ordinances relative to lighting, noise or other ordinances from which variances are not being requested. 5 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Request #3 — A Variance from the off-street parking and loading requirements The applicant is seeking a variance from the off-street parking and loading requirements. Lot 1, which contains the car wash; convenience store; and adjacent retail (restaurant) requires 69 spaces by ordinance. The applicant is providing 86. Lot 2 which includes the adjacent retail building, including two restaurant spaces, one with a drive-in establishment on the west side and one without on the east side, as well as 3,300 square feet of retail and a video gaming cafe, requires 105 spaces and 59 are provided. The applicant calculated the drive-in establishment at 15 spaces/1,000 square feet of floor area however the ordinance provides that a restaurant with a drive-in establishment construct 10 spaces/1,000 square -feet of net floor area but have space for 15 spaces/1,000 square feet of net floor area. Additionally 47 landbanked spaces are depicted on the lots immediately east and west of the water tower. With the landbanked parking the applicant does not require a parking variance however practically the spaces to the north which are landbanked will most likely not be utilized due to the distance from the retail center (approximately 150'). Staff is not recommending the landbanked parking be constructed unless it's determined that it is absolutely needed in the future. Therefore a variance of 21 spaces is required with the parking depicted and which will be built contemporaneously with the entire project. Staff is recommending employee parking signs be installed and employee parking areas designated, on both Lot 1 and Lot 2 so the employee parking is farthest from the entrance to the building. Staff is not concerned with the proposed parking variance. Request #4 — A Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store an automobile washing facy) The zoning ordinance states: "G. ONE PRINCIPAL BUILDING PER LOT Except within Integrated Design Districts and the Health Care District, no more than one principal building or use shall be permitted on any lot in any zoning district (MC-97-672)." The zoning ordinance defines principal building as follows: "BUILDING, PRINCIPAL: A non -accessory building in which is conducted the principal use of the lot on which it is located." Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us While a car wash is typically associated with a fueling station and could be considered an accessory building or land use which is accessory/subordinate to a fueling station, an 8,400 square -foot convenience store and 1,500 square -foot retail building also lie on the same lot. The proposed car wash is 4,900 square -feet. The definition of automobile service station does not include a car wash as an accessory use and an automobile laundry can also be a stand-alone land use in many cases. Therefore staff is recommending a variance to allow multiple land uses and principal buildings on Lot 1, however staff believe that the uses are complimentary and will enhance the development. All major fueling center developments, with the exception of a couple of brands include car washes. The proposed car wash on the subject property is a $2.5 million investment therefore a large part of the overall operation. Request #5 — A Variance from the minimum spacing requirement between service stations The City's zoning ordinance includes the following provision: "I. SPACING OF SERVICE STATIONS No automobile service station shall be located within 600 feet of any other automobile service station." The applicant is requesting a variance from this provision. There is no guideline or definitive provision stating where this is measured to/from. There is an existing Shell Station at the northeast corner of Illinois Route 120 and Chapel Hill Road, outside of the McHenry City Limits. Without a variance from this provision this would provide a significant hardship on the proposed development. Staff has no concerns with this variance. Request 4146 -Variance from the 10-foot parking screening strip requirement (for the southeast corner of the site -parking adjacent to Riverside Chocolate Factory) Staff is recommending the parking screening strip along the Route 120 and Chapel Hill frontage include a continuous hedge row to block headlights from those roadways as stipulated in the ordinance. This has been incorporated in the revised landscape plan. The applicant complies with the 10-foot parking screening strop requirement for the majority of the site. The only area where there is not 10 feet is the southeast corner of the site adjacent to the Riverside Chocolate Factory. This deviation is a result of the shape of the property at that location, due to the right-of-way and intersection proximity of Chapel Hill Road and Illinois Route 120, as well as to preserve the outdoor area Riverside Chocolate Factory has built. 7 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Preliminary Subdivision Plat Approval (Request #7) The preliminary plat includes two proposed lots: Lot 1 is 5.160 acres and includes everything proposed as part of the development, with the exception of the 8,400 square -foot retail building. Lot 2 includes the proposed 8,400 square -foot retail building and consists of 2.552 acres. Cross -access, parking and stormwater easements will be required between Lots 1 and 2 as well as for the Riverside Chocolate Factory, which currently leases space on the subject property for parking. The following items are required for Preliminary Subdivision Plat Approval. The Final Plat will be brought back to the City Council at a later date subject to the approval of the Preliminary Plat: • Proposed name of the subdivision; • Preparation date, including succeeding revision dates; • North point; • Graphic scale (not less than 1" = 100' and not more than 1" = 20'); • Name and address of the owner, subdivider or developer, and the engineer or surveyor who prepared the plat; • Location of the subdivision by government lot, quarter section, section, township, and range, or by other legal description; • A small scale drawing of the section(s) in which the subdivision lies, oriented in the same manner as the plat, and showing the location of the subdivision, major roads, impacted schools, existing or proposed parks, and the nearest bodies of water; • Exact length and bearing of exterior boundaries of the subdivision; • Location and names of all adjacent subdivisions; • Existing and proposed zoning of the subdivision and the existing zoning, name and address of all owners of adjacent property; • Location, widths and names of all existing and platted streets, alleys, or other public ways and easements, railroad and utility rights -of -way, parks, cemeteries, water courses, drainage ditches, permanent buildings, bridges and other pertinent data as determined by the City, within 300'; • Water elevations of adjoining lakes or streams at the date of the survey, and the approximate high and low water elevations. All elevations shall be references to USGS datum; • If the subdivision borders on a lake or stream, the distances and bearings of a meander line established not less than 20' outside the 100-year flood plain line of the lake or stream; F:? Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • Special flood hazard boundary lines and areas; • Layout, width, name, and approximate grade of all proposed streets and rights -of -way. • Direction and distance to nearest water and sewer mains, and the size and capacity of those mains; • Dimensions and areas of lots; • Building setback lines with the lot widths; • Point of curvature, point of tangency, radii, length and central angle for all horizontal curves; • Location and area of property to be dedicated for public use or to be reserved by covenant for use of all property owners in the subdivision with conditions, if any, of such dedication or reservation; • Existing topography of the property and within 25' of the property, with contour intervals shown for every 2', with reference to USGS datum, or at more frequent intervals for land of unusual topography; • A table with the following information: Total acreage of subdivision; total number of lots; acreage of public lands to be dedicated other than streets; and the buildable area of each lot; • Indication of proposed phases within the subdivision and the order of site development; • Certificates: Mayor and City Clerk; Surface Water Drainage; Roadway Access, State and/or County, if necessary; McHenry County Health Department, if necessary • Preliminary Engineering Plans; • Soils map and analysis report prepared by the McHenry County Soil and Water Conservation District/soil borings; • Tree survey indicating the location, size and species of all trees having a diameter of 10" or greater (DBH). All trees to be removed shall be indicated; • Landscape plan showing the location, size and species of all proposed landscaping. • Traffic Impact Analysis including a sight distance study for all access points; • Other applications or correspondence to other agencies having jurisdiction over the subdivision, including: IDNR consultation; IHPA consultation; US Army Corp of Engineers consultation; McHenry County Stormwater Development Permit (if tributary area is greater than 100 acres); City of McHenry Stormwater Development Permit; [DOT; MCDOT; Township; • Documentation providing evidence that the property to be subdivided has been inspected by a qualified professional to determine whether or not a wetland or special flood hazard area is present; • Draft of protective covenants; Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • Title commitment for an owner's title insurance policy issued by a title company licensed to do business in Illinois in the amount of $5,000 covering title of the real estate being subdivided and covering a date not more than 14 days prior to the date the preliminary plat has been filed with the City showing title in the intended subdivider or developer and all encumbrances and other matters of record; • Such other information as the Plat Officer, Planning and Zoning Commission or City Council may require, which, in the exercise of their discretion, is appropriate in light of the circumstances affecting the application and will not be contrary to the purposes and intent of these regulations. The applicant has submitted two sets of engineering plans; the City's Engineer has reviewed the first set and is almost finished with the second. The remaining comments for the preliminary plat and engineering approval must be satisfied. Additionally, the applicant and staff have met and the applicant has submitted engineering plans to the McHenry County Division of Transportation (MCDOT) because Chapel Hill Road is under the jurisdiction of that agency. The applicant has also submitted a set of engineering plans to the Illinois Department of Transportation ([DOT) because Illinois Route 120 is a state route. Both the plat and site plan reflect the initial review letters from MCDOT and IDOT. The applicant and staff are comfortable with the plat and geometric plans submitted as part of the applicant's request to the extent staff does not believe the site and landscape plans or preliminary plat will be altered substantially. If the plat and/or site and landscape plans and building elevations are altered and are not in substantial conformance with the plans and plat reviewed and considered by the Planning and Zoning Commission the applicant would have to resubmit and appear before the Commission at another public hearing in the future. The proposed plat was considered by the Planning and Zoning Commission and since revised to address comments from HR Green, City Staff, IDOT and MCDOT. Staff has reviewed the plat and it's in substantial conformance with the requirements set forth in the subdivision control and development ordinance following those revisions and has not changed substantially since the review and recommendation by the Planning and Zoning Commission. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission recommended approval (6-1) of a Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with an automobile wash and Conditional Use Permit to allow a drive-in establishment as part of a freestanding multi -tenant retail building subject to the following conditions, as amended: 10 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • The project is developed in accordance with the Improvement Plans prepared by Manhard Consulting LTD dated 6/14/16 with a latest revision date of 8/5/16 consisting of thirteen pages, Building Elevations prepared by Corporate Design + Development Group, LLC. dated 5/31/16 with a latest revision date of 6/14/16 consisting of ten pages submitted as part of the Planning and Zoning public hearing application; • There shall be no vehicular access to Country Lane and no paved vehicular access to Country Lane from the subject property; • The existing barn shall not be razed without review by the City of McHenry Landmark Commission; property owner shall work with City of McHenry Landmark Commission to walk-thru the barn; • There will be no overnight parking of commercial trucks nor any truck stop amenities such as showers or a laundry facility; • With the exception of the proposed pedestrian path, the two lots on either side of the existing water tower shall be utilized solely for parking, if required in the future and if utilized for parking must comply with all applicable City of McHenry, ordinances, rules and regulations and a permit must be submitted prior to the construction of any parking on either of these two lots; • As much of the natural vegetation as practicable be maintained along the northern property line adjacent to Eastwood Manor Subdivision; • Compliance and/or disposition statement(s) to the comments submitted by HRGreen and City Staff in letters to Mr. Douglas P. Martin dated 6/28/16 consisting of eight pages, and dated 8/16/16 consisting of nine pages, as they relate to planning, zoning and preliminary plat and engineering issues, prior to being presented to the City Council for Preliminary Subdivision Plat approval (many comments have been addressed by applicant in a letter submitted by Steven M. Shanholtzer, Project Manager Manhard Consulting, Ltd. In a letter to Mr. Douglas Martin dated 8/8/16 and consisting of eleven pages and resubmitted to the City Engineer has been made); • The developer will work with the McHenry County DOT on no Ll turn or no turn -around signs being added in the neighborhood at Country Lane; • There will be added signage restricting deliveries overnight and restricting other delivery times so as not to disturb the abutting neighborhood; • There will be a parking sign added to the property restricting parking of commercial vehicles to a 3-hour time limit. These conditions have been included in the Ordinance being considered at the October 17tn City Council Meeting. 11 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us The Planning and Zoning Commission recommended approval (6-0) (Commissioner Doherty recused himself from the vote) of the following variances: • A Variance of eighteen spaces from the off-street parking and loading requirements; • A Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store an automobile washing facility); • A Variance from the minimum spacing requirement between service stations; and • A Variance from the 10-foot parking screening strip requirement (for the southeast corner of the site -parking adjacent to Riverside Chocolate Factory). Subject to the following conditions: • A hedge row of low growing evergreen shrubs be planted along the Route 120 and Chapel Hill Road frontage for the 8,400 square -foot retail building, to screen headlights onto 120 from vehicles utilizing the drive-thru and parking lot as opposed to ornamental plantings; • Board -on Board fence shall be extended along the entire length of the northern properly line; These conditions have been included in the Ordinance being considered at the October 17tn City Council Meeting. The Planning and Zoning Commission recommended approval (6-1) of the Preliminary Plat of Subdivision entitled: "Final Plat Subdivision Heidner Properties Subdivision" prepared by Vanderstappen Land Surveying, Inc. dated 8/4/16 consisting of one page with the following conditions: • Final Plat of Subdivision must be presented to the Planning and Zoning Commission at a future date following incorporation of all comments made by the Illinois Department of Transportation (first review forthcoming); HRGreen; City Staff and the McHenry County Division of Transportation and to ensure Final Plat of Subdivision is in substantial conformance with the preliminary plat submitted herein; this will also follow City Council review of the preliminary plat, • Reference to Nunda Township must be eliminated and Plat labeled Preliminary and not Final; • Compliance and/or disposition statement(s) to the comments submitted by HRGreen and City Staff in letters to Mr. Douglas P. Martin dated 6/28/16 consisting of eight pages, and dated 8/16/16 consisting of nine pages, as they relate to planning, zoning 12 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us and preliminary plat and engineering issues, prior to being presented to the City Council for Preliminary Subdivision Plat approval (many comments have been addressed by applicant in a letter submitted by Steven M. Shanholtzer, Project Manager Manhard Consulting, Ltd. in a letter to Mr. Douglas Martin dated 8/8/16 and consisting of eleven pages and resubmitted to the City Engineer); • Compliance and/or disposition statement(s) to comments submitted by McHenry County Highway Division in a letter to Mr. Michael A. Werthmann, P.E. dated 7/28/16 and consisting of three pages; • Cross Access and Parking Easement Language, referenced for the benefit of Lots 1 and 2 on the proposed "Final Plat Subdivision Heidner Properties Subdivision," shall be included on a revised preliminary plat -and reference the Riverside Chocolate Factory site in addition to proposed Lots 1 and 2, and submitted prior to City Council consideration of the Preliminary Subdivision Plat; • Interior directional signage plan shall be submitted. (Directional signs be placed at locations to the north and south and adjacent to the car wash to direct traffic coming from Chapel Hill Road and Illinois Route 120 in and out of the car wash, as well as other internal directional signs for parking adjacent to the Riverside Chocolate Factory). These conditions have been included in the Ordinance being considered at the October 17cn City Council Meeting. 13 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Location Map INK` , J - .. .-- -� 4L Ift �i jIr Or jw MAN W, ! U# r4 f W.•'! 4. �•4 heel u, f ar .. ,.I 74S Pa fir- if� I kk 14. r y' ..t4' r 14 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Photographs of Site and Surrounding Area View looking north from site (Chapel Hill Road) View looking south from site (Chapel Hill Road -Riverside Chocolate Factory) 15 OF TNC FO% ��`?•��4W ,ter OW '"i �-� Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us L Views looking south from Country Lane (Eastwood Manor Subdivision -immediately west of Eastwood Manor Water Tower) 17 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us View looking south from Country Lane (Eastwood Manor Subdivision -Proposed Land Bank Parking Area -lot immediately east of Eastwood Manor Water Tower) 10 4N i ll'all Timm alp A., A. IN tU4, =said d 1.. IY IdUlO. _ ♦ ,1 i �I IAIIIIR' pfi.� `� 'U. I 5 1• t•1 45;�1,G7 _ l�1AlANC v; `fib$ xL•a; �x y YAK r, - Subject 8 i. R Property A' Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Drive-in Establishment Guidelines Any Drive-in establishment proposed in the City of McHenry may be subject to any or all of the Following design considerations imposed as conditions by the City Council. 1. Adequate spacing between order window/box and the nearest residentially zoned property. 2. Adequate number of stacking spaces are shown on site plan (five spaces per window). 3. No stacking space shall block any right-of-way or common driveway aisle. 4. Demonstrate an adequate turning radius is shown on the site plan as the onsite circulation path moves around the building or structure, particularly regarding emergency vehicle access. 5. Consider limiting the hours of operation of drive-in window, particularly if adjacent to residentially zoned property. 6. Vehicle stacking area must be isolated from parking and any means of circulation by means of a landscape median. 7. Consider limiting access cuts to public roadways. 8. Consider access to adjoining sites via an internal connection. 9. Drive-in establishments cannot face or be visible from a public roadway. A separate Conditional Use Permit is required for each drive-in establishment. Conditional Use Permits are granted following a public hearing before the Planning and Zoning Commission, recommendation to City Council by the Commission, and formal Council action to approve same. In addition to any of the above design considerations the granting of a Conditional Use Permit may be subject to additional conditions as imposed by the City Council. Each request for a drive-in establishment will be considered separately and it is understood that every drive-in establishment will not be in full compliance with all the provisions listed above. �i; Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City of McHenry Planning and Zoning Commission Minutes August 24, 2016 Chairman Strach called the August 24, 2016 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:35 p.m. In attendance were the following: Doherty, Meyer, Miller, Sobotta, Strach, Thacker, and Walsh. Absent: None. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, and Administrative Assistant Wolf. No one signed into speak during Public Input. Public Hearing: Bluestone Single Tenant Properties, LLC File No. Z-899 Northwest corner of Illinois Route 120 and Chapel Hill Road ("Subject Property"), excluding the Riverside Chocolate Factory parcel. The property located at 2207-2211 W Country Lane, parcels located immediately adjacent to the east and west of the existing water tower, is also included Preliminary Subdivision Plat Approval of a two -lot subdivision; Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with an automobile washing facility, Conditional Use Permit to allow a drive-in establishment as part of a freestanding retail building and a Variance from off-street parking and loading requirements, Variance from the parking screening strip requirements; Variance to allow multiple principal buildings and land uses on one zoning lot, Variance from minimum the minimum spacing requirement between service stations and any other Variances required to develop the Subject Property 21 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Chairman Strach called the Public Hearing to order at 8:00 p.m. regarding File No Z-899, an application for: • Preliminary Subdivision Plat Approval; • Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with an automobile washing facility; • Conditional Use Permit to allow a drive-in establishment as part of a proposed freestanding multi -tenant retail building; • Variance from the off-street parking and loading requirements; • Variance from the 10' parking screening strip requirements; • Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store and automobile washing facility); • Variance from the minimum spacing requirement between service stations; • Any other variances required to develop the Subject Property in substantial accordance with the site and landscape plans and building elevations submitted for this petition. as submitted by Bluestone Single Tenant Properties, LLC for the property located at the Northwest corner of Illinois Route 120 and Chapel Hill Road ("Subject Property"), excluding the Riverside Chocolate Factory parcel. The property located at 2207-2211 W Country Lane, parcels located immediately adjacent to the east and west of the existing water tower, in McHenry, IL, is also included. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on August 9, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance were: Mike MacKinnon, Vice President, Bluestone Single Tenant Properties, 410 N. Michigan Ave., Chicago, IL 60611; Eric Grabowski, Ricky Rockets Fuel Center, 399 Wall St, Glendale Heights, IL 60139; Rick Heidner, President, Heidner Properties, Inc., 20 Brinker Rd., Barrington Hills, IL 60016; and Michael A. Werthmann, Traffic Engineer, Kenig, Lindgren, O'Hara, Aboona, Inc., 9575 West Higgins Road, Suite 400, Rosemont, IL 60018, who were sworn in by Chairman Strach. 22 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Mr. MacKinnon provided a summary of the request before the Commission at this Hearing thanking Director of Economic Development Martin for a thorough and comprehensive staff report. Mr. MacKinnon stated his company is currently developing several similar properties having purchased 12 properties in Chicago over the last 15 months which are larger parcels and then divided into smaller pieces. Ricky Rockets has an existing unit at Barrington Rd. and 1-90 also developed by Mr. Heidner. They have 7.7 acres to develop on this property which does not include the Riverside Chocolate Factory and their gravel parking lot is actually on the subject property. The existing traffic volume is what attracted them to the property. They are knowledgeable in the market and volumes and there is much needed room for another fuel center in this particular trade area. There are over 34,000 automobile counts and there are over 3000 commercial vehicle trucks existing at this intersection today. At the present time there are no other retailers in this corridor and there is no water service to this property. Water service lines currently end at Culvers and goes north. As part of their development the petitioners will bring the water service south to the southwest corner of Chapel Hill Road and Route 120. The sanitary sewer is already there. There is a lack of fuel in this corridor even though Thornton's does tremendous volume and there is no place for commercial vehicles to fuel in the area. Plans are to leave the existing barn on part of the property in place while they seek information on its historical relevance. An illustrated power point presentation was given. It is a beautiful development with an 1800 s.f. retail center and an 8400 s.f. convenience store the size of a mini -grocery store). There will be 7 pumps or 14 fueling positions. On the west side will be 3 fast flow diesel lanes to service the 3000 trucks that are already travelling through this intersection. The developer will not allow overnight parking, showers, public laundry or common truck stop amenities. They want patrons to stop, shop, and go. The car wash will be state of the art with a 130' tunnel through a vendor called Tommy Wash and will have 3 drive - up lanes and use a conveyer belt system. They are working with Steak and Egger and Dunkin Donuts for two of the tenants. The Riverside Chocolate Factory will have an easement for employee and customer parking and their gravel lot will be paved. A site plan was presented and explained. McHenry County has agreed to % access on Chapel Hill Rd. meaning a right in only when going southbound, no left turn -in if heading northbound, and a full out exit from the development. They have asked for reasonable access from IDOT with full access near the retail center and right -in, right -out for the fuel center. The developer is making over a $10 million capital investment which should create 30-40 new jobs. It complements the corridor very well and fills a void in this corridor for modern fuel, restaurants, and retail that is currently not there. They will also install sidewalks on both Route 120 and Chapel Hill Road which will hopefully continue north. 23 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating a few different land uses have been proposed on the subject property over the past 15-20 years, including a Thornton's Fueling Station as well as a Tractor Supply Store, however one of the major impediments for each of these developments was the lack of a municipal water supply. The applicant, as part of the proposed project, will extend the City's water main from its terminus approximately 160' north of Illinois Route 120 on Adams Drive, along the south side of Illinois Route 120 approximately 2,042' east and north of the City's sewer main on the south side of Route 120 to service the proposed development. The applicants are proposing to construct: • Fueling center which will include: 14 fueling positions (7 pumps) • An 8,400 square -foot convenience store with an attached 1,800 square -foot retail space; • Automobile washing facility (4,900 square feet) • Three commercial (diesel) fueling dispensing stations and four parking spaces adjacent thereto • An additional freestanding 8,400 square -foot retail building to the west (Proposed Lot 2) of the fueling center. In order to facilitate the aforementioned the petitioner is seeking the following: • Preliminary Subdivision Plat Approval for atwo-lot subdivision; • Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with an automobile washing facility; • Conditional Use Permit to allow a drive-in establishment as part of a proposed freestanding multi -tenant retail building; • Variance from the off-street parking and loading requirements; • Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store an automobile washing facility); • Variance from the minimum spacing requirement between service stations; • Variance from the 10' minimum parking screening strip requirement • Any other variances required to develop the Subject Property in substantial accordance with the site and landscape plans and building elevations submitted for this petition. The preliminary plat includes two proposed lots: Lot 1 is 5.160 acres and includes everything proposed as part of the development, with the exception of the 8,400 square -foot retail building. Lot Two includes the proposed 8,400 square -foot retail building and consists of 2.552 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us acres. Cross -access, parking and storm water easements will be required between Lots 1 and 2 as well as for the Riverside Chocolate Factory, which currently leases space on the subject property for parking. The items required for Preliminary Subdivision Plat Approval for the "Final Plat of Subdivision Heidner Properties Subdivision" (Although the title states "Final Plat" the submission and engineering and approval being considered by the Planning and Zoning Commission is for Preliminary Plat only) were presented and the Final Plat will be brought back to the Planning and Zoning Commission at a later date. The applicant has submitted one set of engineering plans which the City's Engineer has reviewed and the review letters from HR Green were presented. The remaining comments for the preliminary plat and engineering approval must be satisfied prior to City Council consideration. Additionally, the applicant and staff have met and the applicant has submitted engineering plans to the McHenry County Division of Transportation because Chapel Hill Road is under the jurisdiction of that agency. The initial review letter from the McHenry County Highway Department was presented. The applicant has also submitted a set of engineering plans to the Illinois Department of Transportation ([DOT) because Illinois Route 120 is a state route however the applicant has not received a review from IDOT to this point. The applicant and staff are comfortable with the plat and geometric plans submitted as part of the applicant's request to the Planning and Zoning Commission to the extent staff does not believe the site and landscape plans or preliminary plat will be altered substantially. If the plat and/or site and landscape plans and building elevations are altered and are not in substantial conformance with the plans and plat being reviewed by the Planning and Zoning Commission the applicant would have to resubmit and appear before the Commission at another public hearing in the future. The Planning and Zoning Commission recommendation is forwarded to the City Council. Staff has reviewed the plat and it is in substantial conformance with the requirements set forth in the subdivision control and development ordinance. The applicant is also requesting a Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with an automobile washing facility as well as a Conditional Use Permit to allow a drive-in establishment as part of a proposed freestanding multi -tenant retail building. 25 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Three new access points are proposed. The full access is proposed off of Illinois Route 120; a right-in/right-out off of Illinois Route 120 and a right-in/right-out/left-out along Chapel Hill Road. The first review letter from the McHenry County Division of Transportation following a conceptual review was presented but the Illinois Department of Transportation has not completed their initial review. The letter states a right -in deceleration lane and right out acceleration need to be incorporated into the Chapel Hill Road improvements to accommodate this % access proposed (right-in/right-out and left -out). The traffic study was also completed by the applicant and reviewed by the City's engineer. The City Engineer, staff and McHenry County Highway Division also discussed and recommend the applicant include a pedestrian connection to the proposed development from one of the lots on either side of the existing water tower and located at 2207 - 2211 W Country Lane. A pedestrian connection is depicted on the lot east of the water tower and a storage barn lies on the lot to the west of the water tower. Also suggested was an internal vehicular connection to the west where the existing strip retail center is located. Staff believes this should be at least considered and planned for even if not immediately constructed. Land banked parking is depicted on the lot east of the water tower however this parking will not be built unless needed, a permit would be required if it's built and no vehicular access is being recommended onto Country Lane. A large percentage of trips to the proposed gas station/convenience store are generated from pass -by traffic or traffic already going past the site en route to another primary destination (90- 95%). Moreover peak trip generation hours of the gasoline station with convenience store normally coincide with the peak hours of adjacent street traffic. Road improvements on Chapel Hill Road will be set forth by the McHenry County Highway Division and by the Illinois Department of Transportation on Route 120. Staff believes the internal circulation functions well on the proposed site plan; three car wash lanes are proposed. Staff would recommend directional signs be placed at locations to the north and south and adjacent to the car wash to direct traffic coming from Chapel Hill Road and Illinois Route 120 in and out of the car wash, as well as other internal direction signs for parking adjacent to the Riverside Chocolate Factory. Reviewing the approval criteria set forth in Table 31 of the zoning ordinance for conditional uses, as related to the fueling station, drive-in establishment for the car wash, and the drive-in establishment on the west end of the 8,400 square foot retail building, staff believes the Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us applicant has done several things to gate any potential adverse impacts to adjacent property owners, particularly to the residential to the north including: • LED lighting will be utilized to direct light directly to the source it is intended to serve and eliminates/vastly reduces glare; • A 25400t landscape buffer along the north property line will be installed, including a combination of landscaping and a six-foot board on -board fence; The City's Forester will review the landscape plan to ensure compliance and plantings are appropriate - particularly along the north property line and to ensure there are no utility conflicts along the north property line with any proposed plantings; • Staff would recommend a hedge row of low growing evergreen shrubs be planted along the Route 120 frontage for the 8,400 square -foot retail building, to screen headlights onto 120 from vehicles utilizing the drive-thru and parking lot as opposed to ornamental plantings; • There will be neither overnight parking of commercial trucks nor any truck stop amenities such as showers or a laundry facility. In addition, the applicant is seeking the following variances from the zoning ordinance: • Variance from the 10-foot parking screening strip requirement (for the southeast corner of the site -parking adjacent to Riverside Chocolate Factory) • Variance from the minimum spacing requirement between service stations; • Variances from the off-street parking and loading requirements; • Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store an automobile washing facility); The applicant complies with the 10-foot parking screening strip requirement for the majority of the site. The only area where there is not 10 feet is the southeast corner of the site adjacent to the Riverside Chocolate Factory. This deviation is a result of the shape of the property at that location, due to the right-of-way and intersection proximity of Chapel Hill Road and Illinois Route 120. Staff has no concern with the request for a variance from the minimum spacing requirement between service stations as there is no guideline or definitive provision stating where this is measured to/from. The applicant is additionally seeking a variance from the off-street parking and loading requirements. Lot 1, which contains the car wash; convenience store; and adjacent retail 27 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us (restaurant) requires 74 spaces by ordinance. The applicant is provng 77. Lot 2 which includes the adjacent retail building, including two restaurant spaces, one with a drive-in establishment on the west side and one without on the east side, as well as the remaining retail requires 85 spaces and 56 are provided. The ordinance provides that a restaurant with a drive- in establishment construct 10 spaces/1,000 square -feet of net floor area but have space for 15 spaces/1,000 square feet of net floor area. Therefore 64 spaces are required to be constructed and the remaining can be land banked. The applicant is depicting 32 land banked spaces on the lot immediately east of the water tower. With the land banked parking the applicant does not require a parking variance however practically the spaces to the north which are land banked will most likely not be utilized due to the distance from the retail center (approximately 150'). Staff is not recommending the land banked parking be constructed and recommend it only be done if and when it's determined that it is absolutely needed. Other factors included in the variances to take into consideration were detailed in the staff report and did not cause a concern to staff. Director of Economic Development Martin stated Staff supports all variances being requested. They are minimal and will not adversely impact adjacent properties. The applicant must comply with all ordinances relative to lighting, noise or other ordinances from which variances are not being requested. Staff believes all criteria in Table 32 for the aforementioned variances have been satisfied. Staff recommends the Commission make three separate motions; however the Commission was instructed that they could also choose to vote on the variances separately. Director of Economic Development Martin stated Staff recommends approval of the Preliminary Plat of Subdivision entitled: "Final Plat Subdivision Heidner Properties Subdivision" prepared by Vanderstappen Land Surveying, Inc. dated 8/4/16 consisting of one page with conditions presented; Approval of the Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with and automobile wash and Conditional Use Permit to allow a drive-in establishment as part of a freestanding multi -tenant retail building subject to the conditions presented, for which Staff finds the requirements set forth in Table 31 have been met; and Approval of the following variances: • Eighteen space parking Variance from the off-street parking and loading requirements; • Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store an automobile washing facility); • Variance from the minimum spacing requirement between service stations; m Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • Variance from the 10-foot parking screening strip requirement (for the southeast corner of the site -parking adjacent to Riverside Chocolate Factory). Subject to the conditions presented, and Staff finds the requirements set forth in Table 32 of the zoning ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Walsh inquired as to how many fuel pumps are at the location in Barrington. Mr. Heidner stated there are 6 double sided stations making 12 pumps. Commissioner Thacker asked if someone is heading east on Route 120 and wants gas how would access the development. Mr. MacKinnon stated they are proposing a non -raised median to IDOT to allow access across the median. Commissioner Sobotta asked for an explanation of the traffic flow. Mr. MacKinnon stated most large truck traffic is on 120 east and west and they're coming from the south. There are very few northbound large trucks. The trucks will be entering on the full access on Route 120, circle around the pond, they will fuel facing northwards and will be directed to exit on Chapel Hill Road southbound to the light at Route 120. In response to an inquiry from Commissioner Sobotta, Mr. MacKinnon stated McHenry County is not proposing an upgrade to that intersection in the near future. Mr. MacKinnon stated a traffic study was done and the criteria for the proposed access points has been met for the area and is IDOT controlled. Commissioner Doherty asked if the access points near the Riverside Chocolate Factory will be changed. Mr. McKinnon stated those access points are not wn their property but are the private property of Riverside Chocolate Factory and they have no control over what is done there. Commissioner Doherty opined the existing conditions on page 17 and 18 of the traffic study appear to presume the projected conditions will be worse than they are now and asked for an explanation. Or. Michael Werthmann, KLOA, stated that in addition to traffic generated by the gas station per the requirements of McHenry County DOT and IDOT, they projected out additional traffic growth in the area to 2022 and all existing volumes increased by 12%. That is why the levels of service drop on the traffic study. Fuel Centers have about 60% of their traffic generated by traffic already existing on that roadway, otherwise referred to as pass -by traffic. The volume of 29 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us new traffic generated by a fuel center is actually low compared to the realm of the entire development. Level service D is considered acceptable by McHenry County DOT and IDOT. Commissioner Doherty stated the eastbound Rt. 120 intersection numbers appear to be over capacity and the 185' turn lane over the median "would perform at a poor level of service for eastbound traffic with either a full access or right -in and right -out". Commissioner Doherty asked for an explanation. Mr. Werthmann responded that level of service E indicates when making a left turn out during peak hours it may be difficult or operate at lower level of service; but that is just for the left turn out. That level of service E does not exist now — it is only for traffic leaving or coming out of the site, from the development's driveway, onto Route 120, Mainline Route 120 will still be operating at a level of service A or B, as it does now. The benefit of this site is that it has access onto Route 120 and to Chapel Hill Rd. so people wanting to turn left on Route 120 can do that from the stop light at Chapel Hill Road rather than from the Route 120 access. There are many other full access drives up and down Route 120 in the same area, including the Shell station on the corner. Commissioner Miller asked if trucks will be able to make the turn going east onto Chapel Hill Rd. since it is presently just a 2-lane road. Mr. Werthmann responded affirmatively. Commissioner Miller asked if the development will be a 24-hour operation and what is considered peak traffic volume times. Mr. Heidner stated yes the fuel station is a 24-hour operation and peak traffic is in the morning when people are going to work (6-9 am) and then again after work (4-6 pm). Commissioner Miller asked how many visitors typically use the Barrington location during peak hours. Mr. Heidner responded they get about 30 gas customers per hour in Barrington during peak hours; however some are just fueling and going and not actually stopping - the actual number per hour combined with retail customers at the fuel center only is probably closer to 50 or 60, with additional customers visiting the other restaurant establishments on the site as well. The location in Barrington is a smaller footprint but has about 75% of the building capacity than is on this site. This new space has more land and is more expansive. Commissioner Miller asked how many cars can access through the car wash in an hour. Mr. Heidner stated the most they have had in a day is about 375, but normally it is about 100 cars a day. In response to a question from Commissioner Miller regarding the glass carwash building being loud, Mr. Heidner responded this site will not be all glass and invited everyone to go to Barrington and view the inviting look of the fuel center and carwash with a 110' tunnel. This facility is proposing a 130' tunnel. There have been no noise complaints or any complaints from neighboring properties at the Barrington facility. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Commissioner Thacker asked what is proposed in regard to detention on the property as far as safety is concerned and whether there will be a perimeter barrier. Mr. MacKinnon responded it is a dry bottom system so the only time it fills up is during rain events and they have not planned for any time of barrier. Commissioner Thacker stated he observed there is no vehicular access from the property to Country Lane but asked if there will be a pedestrian walkway added for neighborhood access. Mr. MacKinnon responded that the county and city requested a pedestrian walkway for the connecting neighborhood and it will be constructed as part of this project. Commissioner Miller asked how much pedestrian traffic is anticipated. Mr. Heidner responded there is minimal pedestrian traffic expected. It will always be maintained, kept clean, bright, safe and inviting. Commissioner Thacker asked if alcohol will be sold at any of the businesses in the proposed development. Mr. Heidner responded there will be beer and wine sold in the convenience store and the other restaurant establishments may offer alcohol, conditioned of course on following city ordinances. He further stated they are spending $12-15 million on this development. Alcohol sales weren't offered in Hoffman Estates originally but then it was requested by customers for "one -stop shopping" and was eventually allowed. Mr. Heidner explained that traffic movement into separate locations for customers wanting gas and coffee for instance is more dangerous than pulling into one center for both items. The Mayor of Hoffman Estates will be happy to talk with anyone inquiring and will confirm benefits they have seen. Chairman Strach opened the floor to questions and comments from the audience. The following were sworn in by Chairman Strach prior to their addressing the Commission: Robert Hunter, 34740 N. Iroquois, McHenry, stated his family owns the Riverside Chocolate Factory and wanted to thank the City for what has been done for them throughout the years as a business operating in McHenry. He further stated they were not previously in favor of this or any other developments proposed on this adjoining property but are now definitely in favor of this particular project being proposed. Mr. Hunter stated he is concerned due to the fact the owner of the Shell gas station at the corner of Route 120 and Chapel Hill Road chose to post in social media verbiage discouraging this project being successful and his family felt as if the social media post might infer Riverside Chocolate Factory agreed with the Shell gas station owner's opinion. Mr. Hunter stated they do not support the opinion of the Shell gas station's owners but are in full support of the Ricky Rockets development moving forward and thanked Or. Heidner and his team for bending over backwards to ensure Riverside Chocolate Factory stays in McHenry. Mr. Hunter also stated his thanks to Director of Economic Development 31 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Martin for accommodating them throughout this whole process further stating he has been a wonderful ambassador for the City of McHenry. Mr. David Harmon, 2301 Country Lane, McHenry asked if the restaurants and drive -through at the facility will be open 24 hours to which Mr. Heidner responded affirmatively. Mr. Harmon asked if signs could possibly be provided limiting truck parking to 3 hours max. Mr. Heidner responded affirmatively. To an additional question from Mr. Harmon regarding times of deliveries, Mr. Heidner stated deliveries can be limited to include no overnight deliveries and specifying quieter unloading procedures also limiting deliveries to certain time slots only. Mr. Harmon asked that a fence be put around the detention pond and inquired whether the barn will be torn down if it is determined it has no historical significance. Mr. Heidner opined the barn might make a great haunted house. Mr. Tommy Nella, 909 Countryside Court, Glenview, IL stated he is one of the owners of the Shell gas station at Route 120 and Chapel Hill Road. Mr. Nella stated the volume of gas they dispense has decreased greatly in recent years which states the gas volume is being picked up by other stations within McHenry not from stations outside of McHenry which can ruin business for other retailers within McHenry. He stated they used to pump a volume of 400 gallons per day of diesel in the past 10 years so if the City is not attracting trucks from outside the area coming into McHenry he doesn't understand who is purchasing that 400 galls of diesel per day. Mr. Nella opined the addition of the car wash is a great idea and for that aspect he partially agrees with the proposed project. Mr. Joe Folliard, 4700 Oregon Trail, McHenry stated he owns a rental house behind the proposed development. Mr. Folliard stated his tenants are concerned about light pollution and noise pollution. He inquired if there will be a fence and tree buffer on the property. Mr. MacKinnon replied there is a 6' board on board fence extending along the north property line (very close to the property line) and landscaping there as well. Their intent on the western side is to leave as many trees there as possible to keep it screened. Mr. MacKinnon further stated they actually increased the buffer from 15, which is required, to 25. Mr. Folliard asked why they chose McHenry for this state of the art car wash location out of all the areas they could have built. Mr. Heidner stated there are no other car washes of this type in Illinois, he has other businesses in this area, and the traffic counts necessary for this car wash are met in this area. Director of Economic Development Martin stated we do have a tree preservation ordinance and this property would need to comply with that. The City also has multiple noise ordinances which would have to have compliance met as well. The City's lighting ordinance also must be followed and met and all building will be fully monitored to be within the guidelines of those ordinances. 32 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Mr. F011iard asked if there will be any benefit to the neighborhood, such as being allowed to tie into city sewer and water eventually. Director of Economic Development Martin stated that is not a discussion that can be tied to this development's approval process but one property has already asked to connect to the city and that request has been approved by City Council. Ms. Stephanie Roster, 2105 Country Lane, McHenry asked if the Ricky Rockets in Hoffman Estates has a residential area near or behind it. Mr. Heidner responded there is a 4-story hotel behind it but not a residential area. She is concerned about the volume of noise already taking into consideration accidents and traffic. Ms. Kristy Pahlke, 2103 Country Lane, McHenry stated her concern is the digging which was done when the drainage survey was done asking if the property owners need to worry about drainage issues going into those properties. Mr. MacKinnon stated a drainage survey was not done but rather the City engineer asked for a study to be done to see which way the water was flowing along the property and to check elevations of culverts. Ms. Pahlke stated they have drainage issues in their yard already due to the lower location and that is why they are concerned. She stated they like the barn and would rather it be painted than torn down. Ms. Pahlke asked about the possible northern parking lot and when it will be built. Mr. MacKinnon stated neither the City nor the developer believe that particular parking area will need to be graded anytime in the near future. There is no definite plan for anything to be done on that area of the property at the present time. Mr. MacKinnon added they will be tying into IDOT storm sewer and will take all the water from the site and taking it south of Route 120. Mr. Tom Jacobs, 1400 Eastwood Lane, McHenry stated he is concerned with the brightness of a 24-hour retail fueling center station disrupting the neighborhood. Mr. MacKinnon replied with led lighting each bulb can be angled to point away from the neighborhood and all canopy lighting is recessed and is much easier on the eyes than older glaring fixtures at older centers, so there should not be an issue with light pollution. Mr. Matt Fredrickson, 2213 Country Lane, McHenry asked if drivers coming North on Chapel Hill Rd will be able to turn left into the center. If they will not, he asked if they will probably then turn left onto Country Lane to make a u-turn. He asked how that can be addressed from a safety standpoint because there are a lot of children in the neighborhood. Mr. MacKinnon stated most customers are repeat customers and the number of people who will be from out of town should be minimal. Mr. Werthmann stated there will be a direct access off of Route 120 which should alleviate anyone making the mistake of turning on Chapel Hill Rd. and having to do a u-turn. Mr. Fredrickson asked if there is a possibility of signs being put in for no U-turns or turn around on Country Lane, Mr. MacKinnon agreed signage would be a good idea and will address it with the County suggesting signage as requested. 33 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Chairman Strach closed the public comment portion of the hearing at 9:10 p.m. Director of Economic Development Director Martin stated he heard the developer agree to temporary parking signs with hours for the trucks, delivery times being posted for no overnight deliveries and restricted delivery times, and no turn around signs addressed with the county for homes on Country Lane which is dictated by County DOT approval. He stated these conditions can be put under conditional use permits and can be added by motion if needed. A fence around the detention pond is not under City requirements but will be dictated by rules of the McHenry Stormwater Ordinance. Commissioner Doherty stated if the car wash hours are Gam-10pm he is concerned with the noise from the wash and the vacuums. Mr. MacKinnon stated the vacuums are located on the west side of the development. Vacuum hours will be the same as the car wash hours and are free with a car wash and will turn off automatically at closing time. Director of Economic Development Martin stated all city ordinances will need to be followed and noise will be tested and monitored in inspections and as the plans are reviewed to be sure all city ordinances are followed. Commissioner Doherty stated another car wash in town has blowers loud enough to be heard inside the restaurant establishment next door as if they are right next to the patrons. Chairman Strach replied the restaurant's rooftop air conditioner might be able to be heard at the car wash next door as well but that both/all establishments must meet the city's codes and ordinances and this development is no exception. Commissioner Doherty asked if it is possible to put the stormwater detention underground to create more space for more light buffer hedges to be installed. Director of Economic Development Martin stated again that the development must follow and adhere to the lighting ordinance and there will be a hedgerow in place for vehicles exiting the car wash so there shouldn't be a problem. Mr. MacKinnon added the only reason they are requesting the landscape setback in the southeast portion of the site is that the parking lot for Riverside Chocolate Factory is being accommodated for expansion and their garden is also being accommodated to stay in place so they are building their plans around it. He observed there is no need for additional screening because the garden serves a beautiful purpose and it already provides additional screening. Commissioner Meyer stated he believes they need to trust the City staff to be sure the ordinances are complied with and to monitored and bring the discussion back to matters regarding the approval process. Commissioner Miller asked if the lights at the car wash be off when it is closed. Mr. Heidner stated thee will be low -lighting when the car wash is closed. Commissioner Miller stated she agreed that would be a good idea. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Commissioner Doherty asked if they are using reclaimed water and if there will be an 8" main or 12" main. Mr. MacKinnon stated the water main extension from Adams will be 12". Motion by Meyer, seconded by Sobotta, to recommend to the City Council with regard to File No. Z-899, approval of the Preliminary Plat of Subdivision entitled: "Final Plat Subdivision Heidner Properties Subdivision" prepared by Vanderstappen Land Surveying, Inc. dated 8/4/16 consisting of one page with the following conditions: • Final Plat of Subdivision must be presented to the Planning and Zoning Commission at a future date following incorporation of all comments made by the Illinois Department of Transportation (first review forthcoming); HRGreen; City Staff and the McHenry County Division of Transportation and to ensure Final Plat of Subdivision is in substantial conformance with the preliminary plat submitted herein; this will also follow City Council review of the preliminary plat; • Reference to Nunda Township must be eliminated and Plat labeled Preliminary and not Final. • Compliance and/or disposition statement(s) to the comments submitted by HRGreen and City Staff in letters to Mr. Douglas P. Martin dated 6/28/16 consisting of eight pages, and dated 8/16/16 consisting of nine pages, as they relate to planning, zoning and preliminary plat and engineering issues, prior to being presented to the City Council for Preliminary Subdivision Plat approval (many comments have been addressed by applicant in a letter submitted by Steven M. Shanholtzer, Project Manager Manhard Consulting, Ltd. in a letter to Mr. Douglas Martin dated 8/8/16 and consisting of eleven pages and resubmitted to the City Engineer); • Compliance and/or disposition statement(s) to comments submitted by McHenry County Highway Division in a letter to Mr. Michael A. Werthmann, P.E. dated 7/28/16 and consisting of three pages; • Cross Access and Parking Easement Language, referenced for the benefit of Lots 1 and 2 on the proposed "Final Plat Subdivision Heidner Properties Subdivision," shall be included on a revised preliminary plat -and reference the Riverside Chocolate Factory site in addition to proposed Lots 1 and 2, and submitted prior to City Council consideration of the Preliminary Subdivision Plat; • Interior directional signage plan shall be submitted. (Directional signs be placed at locations to the north and south and adjacent to the car wash to direct traffic coming from Chapel Hill Road and Illinois Route 120 in and out of the car wash, as well as other internal directional signs for parking adjacent to the Riverside Chocolate Factory). Voting Aye: Miller, Meyer, Sobotta, Strach, Thacker and Walsh. 35 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Voting Nay: Doherty. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-1. Commissioner Doherty stated his vote was a result of his concern with noise for the residents to the north and the full access on Route 120 being dangerous. Motion by Thacker, seconded by Meyer, to recommend to the City Council with regard to File No. Z-899, approval of a Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with and automobile wash and Conditional Use Permit to allow a drive-in establishment as part of a freestanding multi -tenant retail building subject to the following conditions, as amended: • The project is developed in accordance with the Improvement Plans prepared by Manhard Consulting LTD dated 6/14/16 with a latest revision date of 8/5/16 consisting of thirteen pages, Building Elevations prepared by Corporate Design + Development Group, LLC. dated 5/31/16 with a latest revision date of 6/14/16 consisting of ten pages submitted as part of the Planning and Zoning public hearing application; • There shall be no vehicular access to Country Lane and no paved vehicular access to Country Lane from the subject property; • The existing barn shall not be razed without review by the City of McHenry Landmark Commission; property owner shall work with City of McHenry Landmark Commission to walk-thru the barn; • There will be no overnight parking of commercial trucks nor any truck stop amenities such as showers or a laundry facility; • With the exception of the proposed pedestrian path, the two lots on either side of the existing water tower shall be utilized solely for parking, if required in the future and if utilized for parking must comply with all applicable City of McHenry, ordinances, rules and regulations and a permit must be submitted prior to the construction of any parking on either of these two lots; • As much of the natural vegetation as practicable be maintained along the northern property line adjacent to Eastwood Manor Subdivision; • Compliance and/or disposition statement(s) to the comments submitted by HRGreen and City Staff in letters to Mr. Douglas P. Martin dated 6/28/16 consisting of eight 36 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us pages, and dated 8/16/16 consisting of nine pages, as they relate to planning, zoning and preliminary plat and engineering issues, prior to being presented to the City Council for Preliminary Subdivision Plat approval (many comments have been addressed by applicant in a letter submitted by Steven M. Shanholtzer, Project Manager Manhard Consulting, Ltd. In a letter to Mr. Douglas Martin dated 8/8/16 and consisting of eleven pages and resubmitted to the City Engineer); • The developer will work with the McHenry County DOT on no Ll turn or no turn -around signs being added in the neighborhood at Country Lane; • There will be added signage restricting deliveries overnight and restricting other delivery times so as not to disturb the abutting neighborhood; • There will be a parking sign added to the property restricting parking of commercial vehicles to a 3-hour time limit. And Staff finds the requirements set forth in Table 31 have been met. Voting Aye: Miller, Meyer, Sobotta, Strach, Thacker and Walsh. Voting Nay: Doherty. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-1. Commissioner Doherty stated the reason for his vote is he does not believe the land banked parking that is shown should be allowed. Motion by Sobotta, seconded by Miller, to recommend to the City Council with regard to File No. Z-899, approval of the following variances: • Eighteen space parking Variance from the off-street parking and loading requirements; • Variance to allow multiple principal buildings and land -uses on one zoning lot (convenience store an automobile washing facility); • Variance from the minimum spacing requirement between service stations; • Variance from the 10400t parking screening strip requirement (for the southeast corner of the site -parking adjacent to Riverside Chocolate Factory). 37 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Subject to the following conditions: • A hedge row of low growing evergreen shrubs be planted along the Route 120 and Chapel Hill Road frontage for the 8,400 square -foot retail building, to screen headlights onto 120 from vehicles utilizing the driveAhru and parking lot as opposed to ornamental plantings; • Board -on Board fence shall be extended along the entire length of the northern properly line; And Staff finds the requirements set forth in Table 32 have been met. Commissioner Doherty recused himself from the vote. Voting Aye: Miller, Meyer, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: Doherty Absent: None. Motion carried 6-0. Chairman Strach closed the Public Hearing regarding File No. Z-899 at 9:30 p.m. Adjournment Motion by Sobotta, seconded by Meyer, to adjourn the meeting at 9:35 p.m. Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The meeting was adjourned at 9:35 p.m. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Respectfully submitted, Dorothy M. Wolf, Administrative Assistant City of McHenry 39 r ORDINANCE NO 16- Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW: 1) AN AUTOMOBILE FUELING STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASH; 2) A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-IN ESTABLISHMENT AS PART OF A FREESTANDING MULTI -TENANT RETAIL BUILDING; 3) A VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS; 4) A VARIANCE TO ALLOW MULTIPLE PRINCIPAL BUILDINGS AND LAND USES ON ONE ZONING LOT (CONVENIENCE STORE AND AUTOMOBILE WASHING FACILITY); 5) A VARIANCE FROM THE MINIMUM SPACING REQUIREMENT BETWEEN SERVICE STATIONS; 6) A VARIANCE FROM THE MINIMUM PARKING SCREENING STRIP REQUIREMENT AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED FOR THIS PETITION; AND, 7) PRELIMINARY PLAT OF SUBDIVISION APPROVAL FOR THE PROPERTY LOCATED GENERALLY AT THE NORTHWEST CORNER OF CHAPEL HILL ROAD AND ILLINOIS ROUTE 120 IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed by Bluestone Single Tenant Properties (BSTP), LLC, Wrigley North Tower 410 N Michigan Avenue, Suite 850, Chicago, Illinois 60611 ("Contract Purchaser") for: 1) a Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with and automobile wash; 2) a Conditional Use Permit to allow a drive-in establishment as part of a freestanding multi -tenant retail building; 3) 21 space parking Variance from the off-street parking and loading requirements; 4) a Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store an automobile washing facility); 5) a Variance from the minimum spacing requirement between service stations; 6) a Variance from the 10400t parking screening strip requirement (for the southeast corner of the site -parking adjacent to Riverside Chocolate Factory); and, 7) Preliminary Subdivision Plat approval 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 August 24, 2016 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us the granting of the requested Conditional Use Permits, Variances and approval of the Preliminary Plat of Subdivision; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permits; Variances and Preliminary Plat of Subdivision is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with and automobile wash and Conditional Use Permit to allow a drive-in establishment as part of a freestanding multi -tenant retail building subject to the following conditions, as amended: • The project is developed in accordance with the Improvement Plans prepared by Manhard Consulting LTD dated 6/14/16 with a latest revision date of 9/29/16 consisting of thirteen pages, Building Elevations prepared by Corporate Design + Development Group, LLC. dated 5/31/16 with a latest revision date of 6/14/16 consisting of ten pages, collectively (the "Site Plan") attached hereto and incorporated herein as Exhibit "B." • There shall be no vehicular access to Country Lane and no paved vehicular access to Country Lane from the subject property; • The existing barn shall not be razed without review by the City of McHenry Landmark Commission; property owner shall work with City of McHenry Landmark Commission to walk-thru the barn; • There will be no overnight parking of commercial trucks nor any truck stop amenities such as showers or a laundry facility; • With the exception of the proposed pedestrian path, the two lots on either side of the existing water tower shall be utilized solely for parking, if required in the future and if utilized for parking must comply with all applicable City of McHenry, ordinances, rules and regulations and a permit must be submitted prior to the construction of any parking on either of these two lots; • As much of the natural vegetation as practicable be maintained along the northern property line adjacent to Eastwood Manor Subdivision; • Compliance and/or disposition statement(s) to the comments submitted by HRGreen and City Staff in letters to Mr. Douglas P. Martin dated 6/28/16 consisting of eight 41 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us pages, and dated 8/16/16 consisting of nine pages, as they relate to planning, zoning and preliminary plat and engineering issues, prior to being presented to the City Council for Preliminary Subdivision Plat approval (many comments have been addressed by applicant in a letter submitted by Steven M. Shanholtzer, Project Manager Manhard Consulting, Ltd. In a letter to Mr. Douglas Martin dated 8/8/16 and consisting of eleven pages and resubmitted to the City Engineer); • The developer will work with the McHenry County DOT on no U-turn or no turn -around signs being added in the neighborhood at Country Lane; • There will be added signage restricting deliveries overnight and restricting other delivery times so as not to disturb the abutting neighborhood; • There will be a parking sign added to the property restricting parking of commercial vehicles to a 3-hour time limit. SECTION 2: 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. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. 42 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us SECTION 3: That the SUBJECT PROPERTY is hereby granted the following Variances: • A Variance of twenty-one spaces from the off-street parking and loading requirements; • A Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store an automobile washing facility); • A Variance from the minimum spacing requirement between service stations; and • A Variance from the 10400t parking screening strip requirement (for the southeast corner of the site -parking adjacent to Riverside Chocolate Factory). Subject to the following conditions: • A hedge row of low growing evergreen shrubs be planted along the Route 120 and Chapel Hill Road frontage for the 8,400 square -foot retail building, to screen headlights onto 120 from vehicles utilizing the drive-thru and parking lot as opposed to ornamental plantings; • Board -on Board fence shall be extended along the entire length of the northern properly line; SECTION 4: In granting said Variances 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. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 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 5: That the Preliminary Plat of Subdivision - Heidner Properties Subdivision prepared by Vanderstappen Land Surveying, Inc. bearing the date of September 27, 2016 consisting of three sheets attached hereto and incorporated herein as Exhibit "C shall be and the same is hereby approved, with the following conditions: • Final Plat of Subdivision must be presented to the Planning and Zoning Commission at a future date following incorporation of all comments made by the Illinois Department of Transportation; HRGreen; City Staff and the McHenry County Division of Transportation and to ensure Final Plat of Subdivision is in substantial conformance with the preliminary plat submitted herein; this will also follow City Council review of the preliminary plat; • Reference to Nunda Township must be eliminated and Plat labeled Preliminary and not Final; • Compliance and/or disposition statement(s) to the comments submitted by HRGreen and City Staff in letters to Mr. Douglas P. Martin dated 6/28/16 consisting of eight pages, and dated 8/16/16 consisting of nine pages, as they relate to planning, zoning and preliminary plat and engineering issues, prior to being presented to the City Council for Preliminary Subdivision Plat approval (many comments have been addressed by applicant in a letter submitted by Steven M. Shanholtzer, Project Manager Manhard Consulting, Ltd. in a letter to Mr. Douglas Martin dated 8/8/16 and consisting of eleven pages and resubmitted to the City Engineer); Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • Compliance and/or disposition statements) to comments submitted by McHenry County Highway Division in a letter to Mr. Michael A. Werthmann, P.E. dated 7/28/16 and consisting of three pages; • Cross Access and Parking Easement Language, referenced for the benefit of Lots 1 and 2 on the proposed "Final Plat Subdivision Heidner Properties Subdivision," shall be included on a revised preliminary plat -and reference the Riverside Chocolate Factory site in addition to proposed Lots 1 and 2, and submitted prior to City Council consideration of the Preliminary Subdivision Plat; • Interior directional signage plan shall be submitted. (Directional signs be placed at locations to the north and south and adjacent to the car wash to direct traffic coming from Chapel Hill Road and Illinois Route 120 in and out of the car wash, as well as other internal directional signs for parking adjacent to the Riverside Chocolate Factory). SECTION 6 All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 7: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 8: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS CITY CLERK DAY OF DAY OF 2016 MAYOR 2016 45 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property Vanderstappen PRELIMINARY PLAT OF SUBDIVISION Laud Surveying, Inc. > we' HEIDNER PROPERTIES SUBDIVISION ).�..n ,oven FART OF THE SOUTHEAST QUARTER OF SECTION 25 AND THE NORTHEAST QUARTER OF SECTION 36, ALL IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN. ZONED C-5, CITY OF MCHENRY, MCHENRY TOWNSHIP 1� LOCAiIONAtOFNMG110N BY 0011Nt0Ei ENtSROXYBITA4 MG FHO.ECr i10. 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LSyl lRf�1iE3SlaT[i.'ii;iv= �rae!•vr.+max�vr_=Lo ,�av� irpr.�iP�ln. nirsne -.. c� �av�.� inH��nter>r��avra�,� inr,.Ex�csxar-xmtr,�u�mslvvv� �Er��r�rv©arse �cfaiPx©=oa�rm�raae+m�vve*ra..� ainzsamcnrr�- - av� irpr.�an¢eTrst�L�a:�aal�c� im>•vnaTta>,sar��av� ir��®lteirttae,�,tscvTre.>�vv� imartr-mrn�_rr�rs�va� Y�+r=�va ��vr1,� '� ra�rd,•rrr-ar_��varex�rtnm-t_ ��.�m�zrs>,rrrr�vE>•� ��vni�rnrr�Y.�r^er.�ae,�vara�.a� irm�vM��ra�vvv� i�vl3l-cflFt;'Dslb].�vvilr..^.n..� mow•..- - van L irar.�vre�+ ®rEvvvr... �p>.vc�ait•c>t�..vvvh r�+mex� 17.- vvr�d �ust•vrFTrrr�o�rm�rr�vara„�•-� vr•rr^rartresa�P+^•-*�--^—ovla�.n� C�JOB MO.: 160028 LD. nos of SecOw 26 and the Principal Me Wmtde m SO as 6 Enat of the SeM nMMgth Maldive US 0 d tl as hew of vela $OdN 2K theme wa ter o 0 tlegrma Eoat IMe of the nutevst Wwbe m veld M fi6 degrtea 6] mMmm N March. a Weal, 109.61 . bit Caart Case a eft Moving fled Yonh ffi, 1995,1 ZyW ng v curse b Me left ftor a L taruca of 364.M.1' Mufea A eI de a West m tar v m e left of d0q.39 r 420.g0 bet tlwa a autw b Me left hoaMq v feet to a ilne 1150.0 fee( Eaal vl wtl paMa MN the Eaat eight o1 ray IMe of H tmK Mmce North o ledgto d ld metutaa 00 wewb teat oiwy eta pmNiw MMe meaatrea m aaht ww.a to .am Fart rwnt m xm InL). am.6o reef: uw� Haa n on dalwm of 1`664 ref 1o2Me odntanf niwLme`w mares h uwae ed b the NartheaeC an rte dietwve of 310.20 fort to a pohl o/ cunpaund mturK Mww SaulM1walely tlang v tree hmfig a moue of 19,000 feel on me w of of hob Mwm $wM 09 iogre 09 hula+ 06 vence S Eaaf veto SwM IMe m adM Eomeaad ng M Mee ka. 1, sold feel; Ihww SaM 0 a ge Mm4n 5I Lemma awl alig Me 6qm line of Lwa ntyMwLt Caaler of Seeder hat b the Phew m BegbMMA M Ywimry County. 6fnois srA>Eepe uemsnen' mre ss Appraaed red aaeptm by the mY Cvnal ar Me Oty a! 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Laa y M1mr uaa ue a�u of wr o-aMage �ry MpLwt b boa aym Mon ar wY teen u" coevrMe In me hkhm hzim of Me M119SrgY wtl'waty harrow �Cctlw a uL puxr any mytth R la uNaxN for wY Paaw lL three cL a to be wnvhucled onY eorNm rbignl-ar may or any puWk highboy NUouut be`Mtiw pemthreimt off Me FI�rvY auMonfy haying }rtsdrcHon ow Me public highway.. h .lase. 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TOTAL LOTS AREA DEOICATEO BUILOABLE AREA BUILDABLE AREA 96tsgrt m aq6 pm*mana p.r: Rater �M9Fea"twnap "a.'bwFw .m,w,tmmm pepe,m me mrxm na» M. mYl m mMvp �na.mYmnL apn.aa men iecmmmb,ti m"' peg ma,aaema to Ymaaa �;r�v�mT.p� m M. saemi1a"mSlat�,e m•tm°.n°"wnt Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit B Site Plan 47 III —------_� II I I / r _ L----� !j C IIMM Z 0 II zi N•µ� `01 00¢I v I � I 1 I I II':I 'llll; 4I I E E N I I� II I I 1 II I� II I I I n LI II II I I I oy o o N z m m� " r J r- n D II 0 0 .'""....��. o "' =o " n n L9 n III �11 IIIm II II 11 11 11 II II Ii 11 II II A " olnrnN urn iiA m II of I Ao " �I I x - AzmA 11 Im i " �i �4-i> Dm�� II I omA sONm /iI - » r i " A O !1 V) M m q q, N; w D AmoA y M mm m D0000/ (i it Mom n l /ill l mmm i I n r / ul y�5i n \ n l v,• / ao,, u /?/ / _ z�T I:FiAYtL HILL F L JI Ir-1 I I I I r I I II I t85' RIGHT TURN UNEI I I- - ' 1W' RIGHT TURN TAPER Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit C Preliminary Plat of Subdivision Heidner Properties Subdivision Vanderstappen PRELIMINARY PLAT OF SUBDIVISION �Rd°�'�n�8�'�` HEIDNER PROPERTIES SUBDIVISION PART OF THE SOUTHEAST QUARTER OF SECTION 25 AND THE NORTHEAST QUARTER OF SECTION 36, ALL IN TOWNSHIP 45 NORTH, RANGE S EAST OF THE THHID PRINCIPAL MERIDIAN• ZONED G5, CITY OF MOHENRY, MCHENRY TOWNSHIP �®v98 �Ov afl �, 6299'9� �� 60B a9 6€xB F2 Q,OB a3 � a � °� � 601 6OY a4 L04'd9 � � e �� Lev a5 �� s LOB a9 ��iL500@ Pd'.F97 R U � PEO. a LSBB �, - �, r,. umamu � �§raga d®vas =a ,�� LOB 99 � 6�Dv rs Ov 6088 6OB Y LO'd l3 6®B9 �SOBL LOSE C®`79 i OVN'fRY � � 1 m ��6� � pro_. `� : - .n(6I g f'n ' �e I 1 i �ti �a Y me � p �6aae.l �: '� LWB 3S SOB ^.,3 J6OB�'..m.,,i ..,� � ` � os mtl'ama£°un .. �� R n=i,��.a"II � gym: sap�� f 10437 L083G A.OB 95 .� F! '.-• �� a m" j � �xfirvT �^ '-�IL ^ w-- a'M �� 1 a --•`� �� ' �S4&+IODD R.9E14dDR UPdIS PEO. a x i= V- I % OS �-' � �.., ' �„� ---' I , —--------- � � i`� � Im m� -- — ��cx —___ T ��' 1 - m"+ �,/ \ � _pro--� � � r'� ��'" F '`-�' , mn �-: - moo,. �,�w.r ��m -�-s - �xa�. HaMr � .,� �� . �`� � ``f I � / / SURVEYED AREA a^'� � � 1� f� Q .F � � /� � a n Y- : % ��/,� GRO5S AREA = 8.116± A6RES .-, o I�? � � =LOT 2 � ` �� j/ /� � NEB AREA=7.793±ACR�S � I I.� (nla�sr 59 FL I � i;/ ,- t 69'c�° aix�Y �T .'j 'F � y4-. %% � �.�� — _ i --'"7 - _. _ __ _ _ ------------r---------------t---- - ----- �ro --- --- r1��-=� - �- �._—" —�--_ L —1— _ — _ —=—. _ — _ _— _ _ __ ----.. ., -- �., '....-..,...,o j x,..-fL - ro�F6w; � -;m, q L1N0 _ ----TM-- - - -- —.. ----- - ----- �. 9. � ; ,, . �,. �- - �.. ,.�� ,._.., , - �' aceu: I - sec. ._ .— . - Heme OP HedNNH: AHAIYEH P.LIi.: 0e-]fr]W-01H� OY25-4)9-U41 ]He N0.: 16WR6 LH. FPS w1[ :' - W YYll<i➢EOHe CONP.:_0L—PG.— HEIDNER PROPERTIES SUROI VISION OF THC FO% �r 1 ' � '-� d � ' t `E, _ ■�' �'^� .. "'mar. _ p Ali a Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Interior of Convenience Store Front Elevation of Adjacent Retail Building to south of Convenience Store 50 MC6HT OF , 17 -Z Ilia - _ rcaar of Tr e NO .; td.1 ON NO Ila jig T;k:; re did ONNOM,04did �r -� -•-- AlijI, _ NO NO _-_ ON oo Op,p Sad Now wav odd. NOW ONVANdpop woo ON WOO •.-•... 0 do NO NO o NO 0 do 0 Now 00 oodimsom 0. - .._ d lee do ..-- OF TNO FO% [PLANNING AND ZONING COMMISSION: STAFF REPORT Z-899 PRELIMINARY SUBDIVISION PLAT APPROVAL; CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] Applicant Bluestone Single Tenant Properties LLC W N Michigan Avenue Suite 850 Chicago, IL 60611 Requested Actions • Preliminary Subdivision Plat Approval; • Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with an automobile washing facility; • Conditional Use Permit to allow a drive-in establishment as part of a proposed freestanding multi -tenant retail building; Variance from the off-street parking and loading requirements; • Variance from the 10' parking screening strip requirements; • Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store and automobile washing facility); • Variance from the minimum spacing requirement between service stations; • Any other variances required to develop the Subject Property in substantial accordance with the site and landscape plans and building elevations submitted for this petition. Site Information Location and Size of Property The site, which consists of 7.70 acres, is located at the northwest corner of Illinois Route 120 and Chapel Hill Road ("Subject Property"), excluding the Riverside Chocolate Factory parcel. The property located at 2207-2211 W Country Lane, parcels located immediately adjacent to the east and west of the existing water tower, is also included as part of this request. Comprehensive Plan Designation Commercial Existing Zoning and Land Use C-5 Highway Commercial District (Vacant Land in addition to a barn/storage building constructed in 1920) 1 [PLANNING AND ZONING COMMISSION: STAFF REPORT Z-899 PRELIMINARY SUBDIVISION PLAT APPROVAL; CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] Adjacent Land Use and Zoning North: 11-1 Residential (Unincorporated McHenry County), Single -Family Residences (Eastwood Manor Subdivision) South: A4, Agriculture, Vacant Land and C-5 Highway Commercial District (Chapel Hill Tire and Automotive and Riverside Chocolate Factory) West: C-5, Multi -Tenant Retail Building (Red Wing Shoes; Charter Fitness; Tanning and Liquor Store) East: C-5 (Riverside Chocolate Factory) and Shell Station B1V (Unincorporated McHenry County) Background A few different land uses have been proposed on the subject property over the past 15-20 years, including a Thorntons Fueling Station as well as a Tractor Supply Store, however one of the major impediments for each of these developments was the lack of a municipal water supply. The applicant, as part of the proposed project, will extend the City's watermain from its terminus approximately 160' north of Illinois Route 120 on Adams Drive, along the south side of Illinois Route 120 approximately 2,042' east and north of the City's sewer main on the south side of Route 120 to service the proposed development (see attached utility map). Description of Request The applicants are proposing to construct: • Fueling center which will include: 14 fueling positions (7 pumps) • An 8,400 square -foot convenience store with an attached 1,800 square -foot retail space; • Automobile washing facility (4,900 square feet) • Three commercial (diesel) fueling dispensing stations and four parking spaces adjacent thereto • An additional freestanding 8,400 square -foot retail building to the west (Proposed Lot 2) of the fueling center. In order to facilitate the aforementioned the petitioner is seeking the following: • Preliminary Subdivision Plat Approval for atwo-lot subdivision; 2 [PLANNING AND ZONING COMMISSION: STAFF REPORT Z-899 PRELIMINARY SUBDIVISION PLAT APPROVAL; CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] • Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with an automobile washing facility; • Conditional Use Permit to allow a drive-in establishment as part of a proposed freestanding multi -tenant retail building; • Variance from the off-street parking and loading requirements; • Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store an automobile washing facility); • Variance from the minimum spacing requirement between service stations; • Variance from the 10' minimum parking screening strip requirement • Any other variances required to develop the Subject Property in substantial accordance with the site and landscape plans and building elevations submitted for this petition. Staff Analysis Preliminary Subdivision Plat Approval The preliminary plat includes two proposed lots: Lot 1 is 5.160 acres Cl"d includes everything proposed as part of the development, with the exception of the 8,400 square -foot retail building. Lot Two includes the proposed 8,400 square -foot retail building and consists of 2.552 acres. Cross -access, parking and stormwater easements will be required between Lots 1 and 2 as well as for the Riverside Chocolate Factory, which currently leases space on the subject property for parking. The following items are required for Preliminary Subdivision Plat Approval for the "Final Plat of Subdivision Heidner Properties Subdivision" (Although the title states "Flna! Plat" the submission and engineering and approval being considered by the Planning and Zoning Commission is for Preliminary Plat only). The Final Plat will be brought back to the Planning and Zoning Commission at a later date: • Proposed Warne of the subdivision; • Preparation date, including succeeding revision dates; • North point; • Graphic scale (not less than 1" = 100' and not more than 1" = 20'); • Name and address of the owner, subdivider or developer, and the engineer or surveyor who prepared the plat; 3 [PLANNING AND ZONING COMMISSION: STAFF REPORT Z-899 PRELIMINARY SUBDIVISION PLAT APPROVAL; CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] • Location of the subdivision by government lot, quarter section, section, township, and range, or by other legal description, • A small scale drawing of the section(s) in which the subdivision lies, oriented in the same manner as the plat, and showing the location of the subdivision, major roads, impacted schools, existing or proposed parks, and the nearest bodies of water; • Exact length and bearing of exterior boundaries of the subdivision; • Location and names of all adjacent subdivisions; • Existing and proposed zoning of the subdivision and the existing zoning, name and address of all owners of adjacent property; • Location, widths and names of all existing and platted streets, alleys, or other public ways and easements, railroad and utility rights -of -way, parks, cemeteries, water courses, drainage ditches, permanent buildings, bridges and other pertinent data as determined by the City, within 300', • Water elevations of adjoining lakes or streams at the date of the survey, and the approximate high and low water elevations. All elevations shall be references to USGS datum; • If the subdivision borders on a lake or stream, the distances and bearings of a meander line established not less than 20' outside the 100-year flood plain line of the lake or stream; • Special flood hazard boundary lines and areas; • Layout, width, name, and approximate grade of all proposed streets and rights -of -way; • Direction and distance to nearest water and sewer mains, and the size and capacity of those mains; • Dimensions and areas of lots; • Building setback lines with the lot widths, • Point of curvature, point of tangency, radii, length and central angle for all horizontal curves; • Location and area of property to be dedicated for public use or to be reserved by covenant for use of all property owners in the subdivision with conditions, if any, of such dedication or reservation; • Existing topography of the property and within 25' of the property, with contour intervals shown for every 2', with reference to USGS datum, or at more frequent intervals for land of unusual topography, [PLANNING AND ZONING COMMISSION: STAFF REPORT 4=0= PRELIMINARY SUBDIVISION PLAT APPROVAL; CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI=TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] • A table with the following information: Total acreage of subdivision; total number of lots; acreage of public lands to be dedicated other than streets; and the buildable area of each lot; • Indication of proposed phases within the subdivision and the order of site development; • Certificates: Mayor and City Clerk; Surface Water Drainage; Roadway Access, State and/or County, if necessary; McHenry County Health Department, if necessary • Preliminary Engineering Plans; • Soils map and analysis report prepared by the McHenry County Soil and Water Conservation District/soil borings; • Tree survey indicating the location, size and species of all trees having a diameter of 10" or greater (DBH). All trees to be removed shall be indicated; • Landscape plan showing the location, size and species of all proposed landscaping. Traffic Impact Analysis including a sight distance study for all access points; • Other applications or correspondence to other agencies having jurisdiction over the subdivision, including: IDNR consultation, IHPA consultation; US Army Corp of Engineers consultation; McHenry County Stormwater Development Permit (if tributary area is greater than 100 acres); City of McHenry Stormwater Development Permit; IDOT, MCDOT; Township; • Documentation providing evidence that the property to be subdivided has been inspected by a qualified professional to determine whether or not a wetland or special flood hazard area is present; • Draft of protective covenants; • Title commitment for an owner's title insurance policy issued by a title company licensed to do business in Illinois in the amount of $5,000 covering title of the real estate being subdivided and covering a date not more than 14 days prior to the date the preliminary plat has been filed with the City showing title in the intended subdivider or developer and all encumbrances and other matters of record; • Such other information as the Plat Officer, Planning and Zoning Commission or City Council may require, which, in the exercise of their discretion, is appropriate in light of the circumstances affecting the application and will not be contrary to the purposes and intent of these regulations. The applicant has submitted one set of engineering plans; the Cites Engineer has reviewed that set and the applicant has resubmitted a revised set of engineering plans. The review letters 5 [PLANNING AND ZONING COMMISSION: STAFF REPORT Z-899 PRELIMINARY SUBDIVISION PLAT APPROVAL; CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] from HR Green are attached. Many comments have been addressed by the applicant in the second submittal as detailed in the attached letter submitted by Steven M. Shanholtzer, Project Manager Ma'nhard Consulting, Ltd. in a letter to Mr. Douglas Martin dated 8/8/16 and consisting of eleven pages. The remaining comments for the preliminary plat and engineering approval must be satisfied prior to City Council consideration. Additionally, the applicant and staff have met and the applicant has submitted engineering plans to the McHenry County Division of Transportation because Chapel Hill Road is under the jurisdiction of that agency. The initial review letter from the McHenry County Highway Department is attached to this report. The applicant has also submitted a set of engineering plans to the Illinois Department of Transportation (IDOT) because Illinois Route 120 is a state route however the applicant has not received a review from IDOTto this point. The applicant and staff are comfortable with the plat and geometric plans submitted as part of the applicant's request to the Planning and Zoning Commission to the extent staff does not believe the site and landscape plans or preliminary plat will be altered substantially. If the plat and/or site and landscape plans and building elevations are altered and are not in substantial conformance with the plans and plat being reviewed by the Planning and Zoning Commission the applicant would have to resubmit and appear before the Commission at another public hearing in the future. The proposed plat must be considered by the Planning and Zoning Commission at a public meeting and the Planning and Zoning Commission recommendation is forwarded to the City Council. Staff has reviewed the plat and it is in substantial conformance with the requirements set forth in the subdivision control and development ordinance. obile fueling stati an automobile washing facility toallow adrive-in establishment as part of a proposed freestanding multi -tenant retail building The applicant is requesting a Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with an automobile washing facility (see attached Drive-in Establishment Guidelines), as well as a Conditional Use Permit to allow a drive-in establishment as part of a proposed freestanding multi -tenant retail building. 0 [PLANNING AND ZONING COMMISSION: STAFF REPORT 4-899 PRELIMINARY SUBDIVISION PLAT APPROVAL; CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] Three new access points are proposed. The full access is proposed off of Illinois Route 120; a right-in/right-out off of Illinois Route 120 and a right-in/right-out/left-out along Chapel HIII Road. The first review letter from the McHenry County Division of Transportation following a conceptual review is attached however the Illinois Department of Transportation has not completed their initial review. The letter states a right -in deceleration lane and right out acceleration need to be incorporated into the Chapel Hill Road improvements to accommodate this % access proposed (right-in/right-out and left -out). The traffic study was also completed by the applicant and reviewed by the City's engineer. The City Engineer, staff and McHenry County Highway Division also discussed and recommend the applicant include a pedestrian connection to the proposed development from one of the lots on either side of the existing water tower and located at 2207 - 2211 W Country Lane. A pedestrian connection is depicted on the lot east of the water tower and a storage barn lies on the lot to the west of the water tower (see attached photographs). Also suggested was an internal vehicular connection to the west where the existing strip retail center is located. Staff believes this should be at least considered and planned for even if not immediately constructed. Staff is recommending no vehicular access be permitted onto Country Lane. Landbanked parking is depicted on the lot east of the water tower however this parking will not be built unless needed, a permit would be required if it's built and no vehicular access is being recommended onto Country Lane. Trip generation to the proposed gas station/convenience store is directly proportional to the number of fueling positions the gas station offers. It should be noted; however, a large percentage of trips are generated from pass -by traffic or traffic already going past the site en route to another primary destination (90-95%). Moreover peak trip generation hours of the gasoline station with convenience store normally coincide with the peak hours of adjacent street traffic. Road improvements on Chapel Hill Road will be set forth by the McHenry County Highway Division and by the Illinois Department of Transportation on Route 120. Stabelieves the internal circulati ff on functions well on the proposed site plan; three car wash lanes are proposed. Staff would recommend directional signs be placed at locations to the 7 [PLANNING AND ZONING COMMISSION: STAFF REPORT Z-899 PRELIMINARY SUBDIVISION PLAT APPROVAL; CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] north and south and adjacent to the car wash to direct traffic coming from Chapel Hill Road and Illinois Route 120 in and out of the car wash, as well as other internal direction signs for parking adjacent to the Riverside Chocolate Factory. Criteria for Approval of a Conditional Use Permit (Table 31 in the City's Zoning Ordinance) 1. Traffic Any adverse impact of types or volumes of traffic flaw not otherwise typical in the zoning district has been minimized. 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. 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 already existing in the area or normally associated with Permitted Uses in the district. 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. S. 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. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. (MC-91-553). Reviewing the approval criteria set forth in Table 31 of the zoning ordinance for conditional uses, as related to the fueling station, drive-in establishment for the car wash, and the drive-in establishment on the west end of the 8,400 square foot retail building, staff believes the E:3 [PLANNING AND ZONING COMMISSION: STAFF REPORT 2.-899 PRELIMINARY SUBDIVISION PLAT APPROVAL; CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] applicant has done several things to mitigate any potential adverse impacts to adjacent property owners, particularly to the residential to the north including: • LED lighting will be utilized to direct light directly to the source it is intended to serve and eliminates/vastly reduces glare; • A 25400t landscape buffer along the north property line will be installed, including a combination of landscaping and a six-foot board on -board fences The City`s Forester will review the landscape plan to ensure compliance and plantings are appropriate - particularly along the north property line and to ensure there are no utility conflicts along the north property line with any proposed plantings, • Staff would recommend a hedge row of low growing evergreen shrubs be planted along the Route 120 frontage for the 8,400 square -foot retail building, to screen headlights onto 120 from vehicles utilizing the drive-thru and parking lot as opposed to ornamental plantings; • There will be no overnight parking of commercial trucks nor any truck stop amenities such as showers or a laundry facility. Variances The applicant is seeking the following variances form the zoning ordinance: • Variance from the 10-foot parking screening strip requirement (for the southeast corner of the site -parking adjacent to Riverside Chocolate Factory) • Variance from the minimum spacing requirement between service stations; • Variances from the off-street parking and loading requirements; • Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store an automobile washing facility); Variance from the ILO -foot parking screening strip requirement (for the southeast corner of the site -parking adjacent to Riverside Chocolate Factory) Staff is recommending the parking screening strip along the Route 120 and Chapel Hill frontage include a continuous hedge row to block headlights from those roadways as stipulated in the )rdinance. The applicant complies with the 10400t parking screening strip requirement for the majority of the site. The only area where there is not 10 feet is the southeast corner of the site adjacent to the Riverside Chocolate Factory. This deviation is a result of the shape of the [PLANNING AND ZONING COMMISSION: STAFF REPORT Z-899 PRELIMINARY SUBDIVISION PLAT APPROVAL; CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] property at that location, due to the right-of-way and intersection proximity of Chapel Hill Road and Illinois Route 120. Variance from the minimum spacing requirement between service stations The City's zoning ordinance includes the following provision: "I. SPACING OF SERVICE STATIONS No automobile service station shall be located within 600 feet of any other automobile service station." The applicant is requesting a variance from this provision. There is no guideline or definitive provision stating where this is measured to/from. There's an existing Shell Station at the northeast corner of Illinois Route 120 and Chapel Hill Road. Without a variance from this provision this would provide a significant hardship on the proposed development. Staff has no concerns with this variance. Variances from the off-street parking and loading requirements The applicant is seeking a variance from the off-street parking and loading requirements. Lot 1, which contains the car wash; convenience store; and adjacent retail (restaurant) requires 74 spaces by ordinance. The applicant is providing 77. Lot 2 which includes the adjacent retail building, including two restaurant spaces, one with adrive-in establishment on the west side and one without on the east side, as well as the remaining retail requires 85 spaces and 56 are provided. The ordinance provides that a restaurant with a drive-in establishment construct 10 spaces/1,000 square -feet of net floor area but have space for 15 spaces/1,000 square feet of net floor area. Therefore 64 spaces are required to be constructed and the remaining can be landbanked. The applicant is depicting 32 landbanked spaces on the lot immediately east of the water tower. With the landbanked parking the applicant does not require a parking variance however practically the spaces to the north which are landbanked will most likely not be utilized due to the distance from the retail center (approximately 150'). Staff is not recommending the landbanked parking be constructed and recommend it only be done if and when it's determined that it is absolutely needed. Qi: [PLANNING AND ZONING COMMISSION: STAFF REPORT Z-03 %7 PRELIMINARY SUBDIVISION PLAT APPROVAL; CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION) Other factors to take into consideration include: there are seven fueling stations which can accommodate 14 vehicles and people who are fueling their vehicles will most likely not move their car to go inside the convenience store. Staff is recommending employee parking signs be installed and employee parking areas designated, on both Lot 1 and Lot 2 so the employee parking is farthest from the entrance to the building. Staff is not concerned with the proposed parking variance of 18 spaces (excluding the 32 landbanked spaces). Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store and automobile washing facility) The zoning ordinance states: "G. ONE PRINCIPAL BUILDING PER LOT Except within Integrated Design Districts and the Health Care District, no more than one principal building or use shall be permitted on any lot in any zoning district (MC-97-672)." The zoning ordinance defines principal building as follows: "BUILDING, PRINCIPAL: A non -accessory building in which is conducted the principal use of the lot on which it is located." While a car wash is typically associated with a fueling station and could be considered an accessory building or land use which is accessory/subordinate to a fueling station, an 8,400 square -foot convenience store and 1,500 square -foot retail building also lie on the same lot. The proposed car wash is 4,900 square -feet. The definition of automobile service station does not include a car wash as an accessory use ff is and an automobile laundry can also be a stand-alone land use in many cases. Therefore sta recommending a variance to allow multiple land uses and principal buildings on Lot 1, however believes the uses are complimentary and will enhance the development. All major fueling center developments, with the exception of a couple of brands, include car washes. The proposed car wash on the subject property is a $2.5 million investment, therefore a large part. of the overall operation. 11 [PLANNING AND ZONING COMMISSION: STAFF REPORT Z-899 PRELIMINARY SUBDIVISION PLAT APPROVAL; CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF=STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] Staff supports all variances being requested. They are minimal and will not adversely impact adjacent properties. The applicant must comply with all ordinances relative to lighting, noise or other ordinances from which variances are not being requested. Table 32 approval criteria for variances in the zoning ordinance includes the following, and staff believes all criteria for the aforementioned variances has been satisfied. Criteria for Approval of a Variance (Table 32 in the City's Zoning Ordinance) 1. Special Circumstances Not Found Elsewhere Special circumstances, fully described in the written findings, ext to other tirtert es property for which the variance is sought and that do not apply generally prop 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. Circumstances Relate to the Property Only its surroundings long after a property cter of I Since a variance will affect the chferenced herein relate only to the physical character changes the hands, the special circumstances re land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, nor to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. Unnecessary Hardship For reasons fully set forth in the written findings, the strict application of the provisions of this Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. 5. Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right in the same zoning district and does not confer a special possessed by other properties privilege ordinarily denied to other properties in the district. 12 [PLANNING AND ZONING COMMISSION: STAFF REPORT Z-899 PRELIMINARY SUBDIVISION PLAT APPROVAL; CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] 6. Necessary for Use of Property The grant of a variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. Not Alter Local Character The granting of the 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. 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 Commission and approved by the City Council is the minimum required to provide the applicant with reasonable use and enjoyment of his property. Staff recommends the Commission make three separate motions; however the Commission can also choose to vote on the variances separately. Staff Recommendation Prior to Public Hearing Approval of the Preliminary Plat of Subdivision entitled: "Final Plat Subdivision Heidner Properties Subdivision" prepared by Vanderstappen Land Surveying, Inc. dated 8/4/16 consisting of one page with the following conditions: Final Plat of Subdivision must be presented to the Planning and Zoning Commission at a future date following incorporation of all comments made by the Illinois Department of Transportation (first review forthcoming); HRGreen; City Staff and the McHenry County Division of Transportation and to ensure Final Plat of Subdivision is in substantial conformance with the preliminary plat submitted herein; this will also follow City Council review of the preliminary plat; e Reference to Nunda Township must be eliminated and Plat labeled Preliminary and not Final. 13 [PLANNING AND ZONING COMMISSION: STAFF REPORT 4-899 PRELIMINARY SUBDIVISION PLAT APPROVAL; CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] Compliance and/or disposition statements) to the comments submitted by HRGreen and City Staff in letters to Mr. Douglas P. Martin dated 6/28/16 consisting of eight pages, and dated 8/16/16 consisting of nine pages, as they relate to planning, zoning and preliminary plat and engineering issues, prior to being presented to the City Council for Preliminary Subdivision Plat approval (many comments have been addressed by applicant in a letter submitted by Steven M. Shanholtzer, Project Manager Manhard Consulting, Ltdo in a letter to Mr. Douglas Martin dated 8/8/16 and consisting of eleven pages and resubmittal to the City Engineer has been made); Compliance and/or disposition statement(s) to comments submitted by McHenry County Highway Division in a letter to Mr. Michael A. Werthmann, P.E. dated 7/28/16 and consisting of three pages; Cross Access and Parking Easement Language, referenced for the benefit of Lots 1 and 2 on the proposed "Final Plat Subdivision Heidner Properties Subdivision," shall be included on a revised preliminary plat -and reference the Riverside Chocolate Factory site in addition to proposed Lots 1 and 2, and submitted prior to City Council consideration of the Preliminary Subdivision Plat; e Interior directional signage plan shall be submitted. (Directional signs be placed at locations to the north and south udjacent to the car 120 n and out of thesh to car wash directtraffic well) as ming other ther from Chapel Hill Road and Illinois Rote internal directional signs for parking adjacent to the Riverside Chocolate Factory). Approval of the Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with and automobile wash and Conditional Use Permit to allow a drive-in establishment as part of a freestanding multi -tenant retail building subject to the following conditions: The project is developed in accordance with the Improvement Plans prepared by Manhard Consulting LTD dated 6/14/16 with a latest revision date of 16 consisting of thirteen pages, Building Elevations prepared by Corporate Design + Development Group, LLC. dated 5/31/16 with a latest revision date of 6/14/16 consisting of ten pages submitted as part of the Planning and Zoning public hearing application; There shall be no vehicular access to Country Lane and no paved vehicular access to Country Lane from the subject property; 14 [PLANNING AND ZONING COMMISSION: STAFF REPORT Z-899 PRELIMINARY SUBDIVISION PLAT APPROVAL; CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] The existing barn shall not be razed without revi o McHenryila Landmark Commissionatlo Commission; property owner shall work with City walkAhru the barn; ng commercial trucks nor any truck stop amenities There will be no overnightparkiof such as showers or a laundry facility; ts on either side of the With the exception of the proposed pedestrian pthe f required n the future and f existing water tower shall be utilized solely f parking, ordinances, rules utilized for parking must comply with all applicable City of McHenry, and regulations and a permit must be submitted prior to the construction of any parking on either of these two lots; As much of the natural vegetation as practicable be maintained along the northern property line adjacent to Eastwood Manor Subdivision; Compliance and/or disposition statement(s) to the comments submitted by HRGreen and City Staff in letters to Mr. Douglas P. Martin as they/28/16 consisting relate to planningo zoning eight pages, and dated 8/16/16 consisting of nine pgesto being presented to the City Council and preliminary plat and engineering issues, prior for Preliminary Subdivision Plat approval (many ltzertsha P ojectbeen ManagedrrManhard by applicant in a letter submitted by Steven M. Sha ho Consulting, Ltd. In a letter to Mr. Douglas Martin dated 8/8/16 and consisting of eleven pages and resubmittal to the City Engineer has been made); Staff finds the requirements set forth in Table 31 have been met. Approval of the following variances: Eighteen space parking Variance from the off-street parking and loading requirements; Variance to allow multiple principal buildings and land uses on one zoning of (convenience store an automobile washing facility); Variance from the minimum spacing requirement between service stations; Variance from the 10-foot parking screening strip requirement (for the southeast corner of the site -parking adjacent to Riverside Chocolate Factory). Subject to the following conditions: 15 [PLANNING AND ZONING COMMISSION: STAFF REPORT 1--899 Ls PERMIT TONAL USE RELIMINAALLOW ANSAUTOMOBILEION PLATPFUELANG/OERVICOSTAT ON PERMIT TO AND DRIVE—IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING ; AND ANY OTHER VARIANCES AND LOADING REQUIREMENTS REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] ing evergreen shrubs of pla"M A hedge row of low growretail build ng, to screen headlights Chapel Hill Road frontage for the 8,400 square fo onto 120 from vehicles utilizing the drive-thru and parking lot as opposed to ornamental plantings; ll be extended along the entire length of the northern properly Board -on Board fence sha line. e been met. Staff finds the requirements set forth in Table 32 hav Attachments . Location Map Photographs of Surrounding Area Proposed Watermain Extension Cty Drive -In Establishment GuidelinesAdopted by enthlett'er touMrl Douglas P. Martin dated s Chad J. Pieper, P.E. CityEngineer 6/28/16 consisting of eight pages RGreen), letter to Mr. Douglas P. Martin dated Chad J. Pieper, P.E. City Engineer (H 8/16/16 consisting of nine pages Ray Beets, Permit and Developer Projects Manager, letter to Mr. Michael A. Werthmann, P.E. consisting of three pages Ltdo letter to Mr. Douglas Steven M. Shanholtzer, Project Manager Manhard Consulting, Martin dated 8/8/16 consisting of eleven pages Application Packet 16 [PLANNING AND ZONING COMMISSION: STAFF REPORT 1--899 PRELIMINARY SUBDIVISION PLAT APPROVAL; CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS, AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] Locaiion MapOr 4 I t I r // i `I -{ 1�..y IE. 11•` .',• 7 r k..��y 6�.I�j t•:, 1+ 7� �! d ♦i 1 44 Ar osfa 11I 'II -� Jame Subject Property (Outlined in Red) ; *'� �`' ; t y.sr i�, �` .•..+ as I A �.� {��+�7t�• .`� I ��III jil.: �II'I� 11 � 1 �..n-r, °P:� 1 •i#R, "r 1 `—mw ,1. i�`i: `.-j—• 111►!'li !to ai 1 16 It L It 11;4j� Rim" 1%71 if k 11 I �Ik VK+�jI1, �.'t,r • !� •�ii tl ... ^ , • L `~! of r'ro_;a:r x l toi -�-�: IF I `'I f • }l ! t 1. j _ ! Not [PLANNING AND ZONING COMMISSION: STAFF REPORT Z-899 PRELIMINARY SOW ANSION PLAT APPROVAL; A AUTOMOBILE FUELING/SERVICE OIO NAL USE ERMIT 70 ALL STATION P AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCEITH ONS SUBMITTED AS ART OFTHE SITE AND LANDSCAPE THEPLANS BUILDINGILDINGELE VATP LAAND AND ZONING PUBLIC HEARING APPLICATION] Photographs of Site and Surrounding Area „,�! View looking north from site rt,�.-,nl Nill Rnad) View looking south from site (Chapel Hill Road -Riverside Chocolate Factory) m Zwbtlu [PLANNING AND ZONING COMMISSION: STAFF REPORT USE PRELIMINARY SUBDIVISION PLAT APPROVAL; CONDITIONAL PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE VA� OTHE SITE AND LANDSCAPE NS SUBMITTED ASPARTOFPLANS THEPLANNING BUILDINGILDING ELE AND ZONING PUBLIC HEARING APPLICATION] View lookingwes� ��,�•� �••••--- 19 [PLANNING AND ZONING COMMISSION: STAFF REPORT Z-899 PRELIMINARY SUBDIVISION PLAT APPROVAL; CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] from Country Lane (Eastwood Manor Subdivision -immediately west of Views looking south Eastwood Manor Water Tower) 20 FF [PLANNING AND ZONING VISION PLAT IIAPPROVALACONDITIONAL USE PORT 4mbt;zp RELIMINARY SUB PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED VARIANCE FREESTANDING MUL�IE-N NG NSTR PETAIL AND OFF-DSTREET PARKING FROM PARKING SCR AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL E PLANS AND ACCORDANCE WITH HS SUBMITTED ASSITE AND LPART SOFPTHE THE PLANNING BUILDING ELEVATIONS ' • 1 nnin 7nNING PUBLIC HEARING APPLICATION] View looking south from Country Lane (Eastwood ManordSNba or Water Tower)Land Banlc Parking Area -lot immediately east of Eastwoo 21 [PLANNING AND ZONING COMMISSION: STAFF REPORT Z-899 I PRELIMINARY SUBDIVISION o�OBALEPFUE ANG/SCONDITIONAL STAT ON PERMIT TO ALLOW AN AUT AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES ERTY IN SUBSTANTIAL REQUIRED TO DEVELOP THE SUBJECT PROP ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] wrnnosed Watermain Extension 22 [PLANNING AND ZONING COMMISSION$ STAFF REPORT Z-89RELIM9 PERMIT TO ALLOW ANSION PLAT I AUTOMOBILE FUELING/SO RVICIEONAL STATISE ON PERMIT TO AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] City of McHenry 333 South Green Street McHenry IL 60050 815=363-2170 815.363.2173 (fax) www.c].mchenry.il.uS Drive-in Establishment Guidelines Any Drive-!n establishment proposed in the City of M Mons b the City Council, any or a!1 of the following design considerations imposed as coed Y rder window/box and the nearest residentially zoned property. 1. Adequate spacing between o 2. Adequate number of stacking spaces are shown on site plan (five spaces per window). stacking space shall block any right-of-way or common driveway aisle. ton 4. plan as the onsite cirulat' Demonstrate an adequate turning radius is shown a ticularlythe siteregarding emergencycvehi le path moves around the building or structure, p access. 5. Consider limiting the hours of operation of drive-in window, particularly if adjacent to residentially zoned property. 6. Vehicle stacking area must be isolated from parking and any means of circulation by means of a landscape median. 7. Consider limiting access cuts to public roadways. 8. Consider access to adjoining sites via an internal connection. 9. Drive-in establishments cannot face or be visible from a public roadway. 23 [PLANNING AND ZONING COMMISSION: STAFF REPORT Z-$99 PRELIMINARY SUBDIVISION PLAT APPROVAL; CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING/SERVICE STATION AND DRIVE-IN ESTABLISHMENT ASSOCIATED WITH AN AUTOMOBILE WASHING FACILITY AS PART OF A PROPOSED FREESTANDING MULTI -TENANT RETAIL BUILDING; VARIANCE FROM PARKING SCREENING STRIP AND OFF-STREET PARKING AND LOADING REQUIREMENTS; AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED AS PART OF THE PLANNING AND ZONING PUBLIC HEARING APPLICATION] A separate Conditional Use Permit is required for each drive-in establishment. Conditional Use Permits are granted following public hearing before the Planning and Zoning Commission, recommendation to City Council by the Commission, and formal Council action to approve same. In addition to any of the above design considerations the granting of a Conditional Use Permit may be subject to additional conditions as imposed by the City Council. Each request for a drive-in establishment will be considered separately and it is understood that every drive-in establishment will not be in full compliance with all the provisions listed above. 24 Development Narrative NWC Illinois Route 120 & Chapel Hill Road Bluestone Single Tenant Properties is proposing to develop the northwest corner of Illinois Route 120 (Elm Street) and Chapel Hill Road including the construction of an approximately 8,400 square foot convenience store with an additional attached 1,800 square foot retail space, a state- of-the-art car wash, seven (7) multi -product fueling dispensers which provides fourteen (14) automobile fueling positions, and three (3) commercial fueling lanes, and an 8,400 square foot retail building on the western portion of the site. The site is currently undeveloped (except for the barn and building remnants adjacent the water tower) and surrounds the Riverside Chocolate Factory's property. Riverside currently leases the gravel area to the north of their store for a portion of their parking from the existing property owner; this gravel parking lot is located within the portion of the land that Bluestone is purchasing. For reference, the north side of Riverside's building is approximately their northern property line as shown on the enclosed survey. The convenience store and fuel center operator will be Ricky Rockets Fuel Centers. This would be one of the first Ricky Rockets Fuel Centers in the Chicago market, with several other locations in development. Due to the volume of commercial trucks on the adjacent roadways (over 4,000 trucks per day), Ricky Rockets will provide three dedicated fast flow commercial fueling lanes adjacent to the convenience store. There is generally a lack of diesel fueling centers to accommodate commercial vehicles in the trade area. There will be no "truck stop" amenities at this location, including overnight parking and public laundry. The four parking spaces provided are for trucks to park temporarily to utilize the convenience store or other restaurants within the development. In addition to serving the commercial vehicles, this facility will be one of the few modern, high volume convenience store and passenger vehicle fueling centers along Elm Street in McHenry. The other modern fuel centers in town are located on the north side of McHenry along Route 31/Richmond Road. The convenience store will offer a wide array fountain drinks, coffee, pre- packaged food and drinks, and will feature Ozzie's Deli offering freshly prepared sandwiches. This development will also offer a state-of4he-art Tommy Wash car wash. The car wash features dual conveyor belt system in lieu of the traditional metal guardrail conveyance systems, and the building has significant windows, enhancing the car wash experience for customers. The retail center will have restaurants on both end caps, with complementary retailers in between. The drive thru restaurant on the west end of the building will be approximately 1,800 square feet, and the sit down restaurant on the east end of the building will be approximately 2,100 square feet. In addition, we believe from initial discussions that the 1,800 square foot space adjacent to the convenience store will be leased to a restaurant. Prior to our zoning application submittal, we' have submitted our traffic study to the Illinois Department of Transportation and McHenry County Division of Transportation for their review. We are requesting from IDOT a full access driveway on Illinois Route 120 just to the east of the retail center, and a righfin/right-out only driveway in front of the fuel center. Along Chapel Hill Development of Illinois Route 120 & Chapel Hill Road Page 2 of 2 Road, McHenry County has preliminarily approved a three-quarter access (rignNn/full out}. Riverside Chocolate Factory's access points will not be altered, since there are not part of this development. To the north of the site, there are single family residential homes that are located in unincorporated McHenry County. These residents will be screened from the development via a 25' landscape buffer setback and a six-foot board -on -board. In addition, the new retail development will utilize high efficiency, environmentally friendly LED lighting. These fixtures have low energy usage and the LED lights are able to better direct light and do not spray light into the adjacent properties than traditional commercial lighting fixtures. The property is currently zoned C5 Highway Commercial District. We are seeking for conditional uses to allow for automobile fueling station and a drive-in car wash, and a conditional use to allow for a drive-in restaurant. In addition, we are seeking to subdivide the property into two parcels, with the retail center located on one lot, and the remainder of the development on the second lot. We are seeking variances for this development, including a variance from the off-street parking and loading, parking strip screening, minimum spacing between service stations, and any other variances deemed necessary by the City for the development. For the off-street parking variance, we are seeking a reduction in the number of parking spaces required for restaurants. Ricky Rockets currently has two restaurant users identified for the retail center, and it is likely that a restaurant user will locate in the 1,800 square foot space adjacent to the convenience store. The current parking code requires 15 stalls per 1,000 square feet net floor area for drive in restaurants, and 25 stalls per 1,000 square feet of net floor area for sit down restaurants. We will demonstrate in our presentation the rationale behind this request. It is our interest to provide sufficient parking for the retail users to maintain the long-term viability of the development. We are working with Riverside Chocolate Factory to provide them with parking within our development. The proposed parking area would be to the south and to the east of the car wash, providing parking stalls that would be shared with the development. As part of the parking easement, the applicant intends to provide Riverside with a cross access easement allowing its patrons to utilize the development's drive aisles. As part of this development, we will be extending the water main on the south side of Route 120 from Adams Street to Chapel Hill Road. The city will own the water main upon completion of the water main. This water main will service the development, and lower the development barriers for other uses along the corridor. Presuming our application is approved by the City of McHenry, construction would commence in Spring 2017, subject to the timing of IDOT's approval of the plans. We look forward to discussing our proposed redevelopment of this property in further detail during the upcoming land use approval process. Respectfully, Mike MacKinnon FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number 333 Soutlt Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815} 363-2173 1. Narne of Applicant Bluestone Single Tenant Properties, LLC Tel 630-3$8-8550 Address 410 N. Michigan Avenue. Suite 850, Chicago. IL 60611 Fax First Midwest Trust as Successor to McHenry State Bank & 2. Name of Property Owner Trust, as Trustee of Trust No. 1105 Tel (If other than Applicant) Address 3723 W. Elm Street, McHenry, IL 60050 Fa f Engineer Manhard Consultants Tel (If represented) Address 700 Springer Drive, Lombard, IL 60148 Fax 4. Name of Attorney (If represented) Address Tel Fax 32-03 . Common Address or Location of Property Northwest carnet of Chapel Hill Road and Illinois Route 120 5 6. Requested Actions) (check all that apply) _ Zoning Map Amendment (Rezoning) X Conditional Use Permit %Zoning Variance _Zoning Variance -Minor _Zoning Text Amendment _Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, ot• the new zoning classification that is requested: We are requestiing conditional use permit for a drive in restaurant, drive in car wash, and an automobile fueling station. We are also seeking a variance for the retail center parking requirement and a variance from the minimum separation from another fuel center. Please see the Development Narrative for FORM A reater details. Page 1 of 3 7. Current Use of Property Vacant I Barn 8. Current Zoning Classification of Property, Including Variances or Conditional Uses C-5 9. Current Zoning Classification and Land Use of Adjoining Properties North: South: East: West: Unincorporated McHenry County -Residential C-5 /Unincorporated McHenry County -Vacant Unincorporated McHenry County - Gas Station, Farm, Residential, Chocolate Factory C-5 -Retail 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachrnents. Y 1. Application Fee (amount) Q X 2. Narrative Description of Request X 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application X 5. FORM C — Conditional Use Application 6. FORM D — Zoning Variance Application X 7. FORM E — Use Variance Application X 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit X 9. Plat of Survey with Legal Description X 10. List of Owners of all Adjoining Properties —mil 1. Public Hearing Notice X t2. Sign (Provided by the City, to be posted by the Applicant) � 13. Site Plan X 14. Landscape Plan X15. Architectural Rendering of Building Elevations 16. Performance Standards Certification XI Traffic Analysis 18. School Impact Analysis FORM A Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. 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. Cet•tification I hereby certify that I am aware of all code requi►•ements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Sir;natu►•e of Applicants) Pcint,i�jame and Designation ofApplicant(s) FORM A Page 3 of 3 FORM C CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry File Number Z499 333 South Green Sheet � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to eaclt of these conditions as it relates to our request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherNvise typical in the zoning district has been minimized. The convenience store and fuel center are primarily re -circulators of haffic, meaning that these uses divert traffic already utilizing the adjacent roadways into the development, and then recirculate those vehicles back onto the adjacent roadways after they have visited the development. As such, they do not adversely impact the normal traffic volumes not otherwise typical for this zoning district. The drive in restaurant and car wash will generate traffic consistent with the other retail uses along this corridor, including the Culver's, and will not create atypical traffic congestion._ 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. The primary activity of the site is directed towards Illinois Route 120, and as a result, most noises generated by the development will be directed away from the adjacent residents. The site li hg titer will utilized energy efficient LED lighting, which nearly eliminates glare and greatly reduces the impact of Itlighting an adjacent properties: the property will abide by the C} 's lighting sting requirements. The site has proper trash enclosures to ensure that refuse is stored in well maintained areas. 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. There is an existing convenience store and fuel center on the northeast cornet• of Illinois Route 120 and Chapel Hill Road, and as such, the fuel center will not alter the neighborhood character. The proposed frreling center will utilize modern fueling tanks and pipes that prevent any fuel leaks and notijy the operator instantly if a fuel leak does occur. This modern convenience store and fuel center will not have a negative impact on the environment. The convenience store and fuel center is complemented by a state- of-the-art car wash, and a retail center that will spawn additional development at this intersection. Once FORM C Page 1 of 2 restaurant with drive-in lane and car wash will serve as an amenity to this side of town The uses are consistent with other retail uses in this corridor, and will not have a negative impact on the environment neighborhood character, or property values. 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. A sanitary sewer had previouslybeen bt•ought to the property The sanitary sewer has capacity for this development. A water main will be extended b tile lie applicant from Adams Street to Chapel Hill Road on the south side of Illinois Route 120 as part of this development to provide water service The convenience store and fuel center along with the restaurant with drive and car wash in will not have any additional irnpact to fire and police services than a permitted retail development on this property_, 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. The site will provide intress and egress at three locations providing the public numerous access points and to reduce the impact on the adjacent roadways. The site has an internal access drive to safely take employees and patrons from the public roadways to each of the uses within the development Pedestrian access will be provided along both road Frontages as well The proposed development will not be detrimental to the safety or health of the general public in the vicinity of the project 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. This property is ideally situated within the City for a convenience store and fuel center along with a drive in restaurant and car wash. The site meets all other requirements of the zoning district The develo ment is consistent with other uses in this corridor. - - -FORM-C— Page 2 of 2 EMID File Number Z499 ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street � McHenry, IL 60050 � Tel: (8l 5) 363-2170 � Fa:c: (815) 363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to orY rrrequest. 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. We are requesting a variance for the required parking_for the retail center. As the code is written, we would be significantlyparked for this development. As shown on the site plan, we have provided landbanked parking that would be constructed in the event additional parking was required. 2. Circumstances Relate to Proper 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. The variance is due to the parking requirement for the restaurant uses within the development. The western restaurant will be drive thtu oriented and as a result, the required parkins; for inside patrons is limited. The restaurant on the east end will peak in the morning at which time the middle tenants will likely not be open. 3. Not Resulting_from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in tite property. The parking requirement in the city's code is overly onerous and is not needed for the uses planned for this development. 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. FORM D Pagel of 3 The denial of the variance request would reduce the size of the retail center makin it t unpractical to build. 5. Preserves Ruts 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. This variance will all for a reasonably sized retail center to codement the fuel center and car wash proposed b the he applicant. The granting of this variance will not confer any special privileges to the property since the landbanked parking has been provided. 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. The parking_provided will sufficientl•Lpark the proposed retail center, and adequate landbanked parkinghas been planned to accommodate additional parking if necessary. 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 variance being sought is consistent with the current location of the parking lot, and as a result, this variance will not impact environmental quality, property values, or public safety or welfare of properties in the vicinity. 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 rag ntitt� of the variance is consistent tivith the purpose and intent of the Zoning Ordinance. The variance is being sought to benefit an adjacent propenty owner. 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. The variance is the minimum to provide Riverside with code required parking stall length and drive aisle width. __FORM. D _ Page 3 of 3 Form F PLAT/DEVI;LOPMICNT APPLICATION City of McHenry 333 South Greed Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2 t 73 Name of Applicant Bluestone Sinn(e Tenant Properties LLC Tel 630-388-8550 Address 410 N. Michigan Avenue Suite 850 Chica@o IL 60611 Fax 2. Name of Property Owner First Midwest Trust as Successor to McHenry State Bank & Trust as Trustee of Trust No. 1 105 Tel (If other than Applicant) Address 3510 W. Elm Street, McHenry IL 60050 Fax 3. Name of Engineer Manhard Consultants Tel QM25-1033 (If represented) Address 700 Springer Road, Lombard IL 60148 Fax 4. Name of Attorney Tel (If represented) Address Fax 5. Common Address or Location of Property Northwest corner of Chapel Hill Road and Illinois Route 6. Requested Action X Preliminary Plat Final Plat _ Development Provide a brief description of the Requested Action. For example, indicate the number of lots and the type of subdivision (single-family, townhorne, commercial, industrial, etc.) of include a description of the development pi rect: We are requesting two reconfigure the existing two lots into two new lots for the proposed redevelopment of this site. FORM F Page 1 of 3 7. Current Use of Property 8. Current Zoning Classification of Property, Including Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: Unincorporated McHenLy County - Residential South: C-5 /Unincorporated McHemv County -Vacant East: Unincorporated McHetu•y County— Gas Station Farm Residential Chocolate Factor-�� West: C-5 -Retail 10. Required Attachments -Please refer to the attached checklist. 11. Disclosure of Interest The parry signing the application shall be considered the Applicant. The Applicant roust be the owner or hustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the frill name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner• is a land trust or outer trust or tt•ustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. FORM F Page 2 of 3 12. Certification 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 the City process this application in accordance with the codes and ordinances of the City. Signature of Applicants) Print -)`Jame and Designation of Applicants) FORM F Page 3 of 3 �� Vanderstappen Land Stweyi S.In . AT OF SURVEY Fmt vote mie ptm� umMdlm awvbea as fta6maof 80L m Me sw od Settee Azm Mp umwae tswmul batdom.et m 0 mutw 433.«I01" .L b qv infer Ree M State Ram tat Umw Nwgamteny dmp a aaaa hmMB a l (diet m self use h finemed to the "a L m art calm" of 2145111 f"t to a n aawOn m felt amtw MY. 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Vanderstappen L. ds� ems.mc. W.OY'd9 �a LOY 2c C�7 it xttt� ~" / LOr23 C oV,�Y �\ CCURT nvW LOT 26 p PLAT OF SURVEY [L©Y M I I •> I I _ J I BLOCK I 17 \ -_, I I �I I all II � II /z4/v it ref I LOr:a ®rt uNlr Mot i I I ' OI-N1PiT.eY ]4401 1 " — T — — — — — — — — — •— O (ER) (� Q ti c Q U LOZ 9s 'aSYaOME �1E�aWj_ — — yfns SLr¢ OF al]t10O 'y improve enLS for ROUTE 120 ANDProposed CHAPEL HILL ROAD STANDARD SYMBOLS EXISTING BBREVIATI.OIJms PROPOSED -s rt n'IVK nro1 RE e�LL 0/eMn mo u> „ DIN WE W41WAE`i I ryUP CA An VACR4 PP FDPEA AM TRANS S[ V Ina �TE W um WAN LTo. -Is �lL 1HE OF ANY 2172 WEST ROUTE 120 CITY OF MCHENRY, ILLINOIS QO o O � 3 < J 2 � ial COUNTR LI. C U C I ' IL RTE 120 VR Ro o� G4� Hlll RD Gµ pPEI LOCATION MAP Ikri91UL1 [64Q_= INDEX OF SHEETS SHEET N0. DESCRIPTION 7 TITLE SHEET 2 OVERALL SITE PLAN 3 EXISTING CONDITIONS -WEST 4 EXISTING CONDITIONS - EAST 5 SITE DIMENSIONAL & PAVING PLAN - WEST N 6 S1TE DIMENSIONAL & PAVING PLAN - EAST 7 UTILITY PLAN - WEST R UTILITY PLAN -EAST 9 UTILITY PLAN - WATERMAIN EXTENSION 10 GRADING PLAN - WEST 11 GRADING PLAN - EAST 12 LANDSCAPE PLAN - WEST 13 LANDSCAPE PLAN - EAST PROJECT LOCATION ONEA SURVEY PREPARED BYOVANOERSTAPPEN SURVEY NJGCh ARE RASED ENGINEERING INCORPOR0.IED DATED DUNE. 7, 2016. THE CONTRACTDR SHALL VERIFY THE ENI511NG ANHAR0N5 PRIOR TO CONSTRUCTION AND SHALL IMMEDIATELY NOTFY CONDITIONS. CONSULTING AND THE CLIENT IN WR111NG OF ANY DIFFERING CONDITIONS. RESPOND LE FOR HAS NOT VERIflEO THIS SURVEY AND IS NOT RESPONSIBLE RA THE ACCURACY OF THE SURVEY BOUNDARY AND/OR TOPOGRAPHY. F bl• x J n � w Q U � N x J � U q a r F N O � 5 Q FRONT E cE�FT ELE NATION 0 p KEYNOTES O s ETuCOWOEW,I„ IIELLEEµCAP. CC* PPEOMMOMORLAMC. OEDO,�w. ©„ .•.rCUDID,,.,..W EOOR,OrX CO*MLLCCLO" . L.,OEO„EELL ,O., o E D ,s,nEa „ Awn ❑L.,D�DORED DP Lu.EO.a cussi. EPJ4EV E,EA. FACE tn4 MLM pe£ O ,LPRE._ROUEDOLOO.oOL rPA a vOW ,wEDLDM ©� VEaD�EDDraXMMMM z o � Ems- ro o W � � V 00 w �� wz N =U wZ z Z O a w J w s-a EEeTwE ByOTJIwRS-1 . ELEVATION REAR � KEYNOTES �" s KR .ETtiOOR.cE„m„�nE.,•ETti ur.00,o -O„W...,O. COLOR OwE.w.TRO CO,O SILLTRAt RED .R.CREAM sh, © wEARaeCAP, EMeRTOMT�DPAC,� 0 EP44EFYDW4,PACEDR"COLOR RER o ,Lit RREMRGLAZED RLOE,COLOR ErgtWR' o °o x2l: �,E M,.a ERT R � ,R E At PRE � v.RREaK, l<o,OeowR s..E ..,TRBEIMFAEC„Eo.O.MATCH�W,,,Q. RR as z o W�- En V V W 2 S-5 io ,� AUTOMOBILE CANOPY VIEW CFF FITF 11FT411 19'-11 1/2" CANOPY SIGN, 22 SO. FT. :::0:: p M ACCENT TO MATCH BUILDING METAL POLE )IESEL CANOPY VIEW o:= z o R J 0 � as } w Y o mw V� s� �U UU U� Z Z A204 i� .a- le IlPhw * .41 mb FT Fix- FFIS ISO q p - '�•, - sw MIN ,f.r1*��J� r, a. uY= air %rk O FcRONT ELEVATION �` —_ Flu Tw—�NT p KEYNOTES u sNu,t. AL CORTCE Loll H A.,A. CkR COLOR .s . ©or.&UVIRRALMKOPEDFABE,ACo.ovE,rt,., y A, A,.,o.co,OR B „Coto ST o B t„ES.o,.xEAB EPs.EOA ,txSE. P A„5,.,.,,E o aA,oOVED REVRALSTOM,,:e..., co n cWSc ENUEPY EPIC, FAC_ BP,C<cOlm Lin t,T o,Ee,xECURWEn SON Jl t '❑' ,°+° loo 0I. mEEt °o�E,n.,vEr-auw,.t 0 E•sew ac sEu9r sEEs,Pucrvru.axia n __ __ __ Eovco,:cPE,E Four __ _ ___ ____ ___—_______ _ ___f __ __ :AR ELEVATION T •A,• n "q =� i �9 � - Po P _ Ia- ~ RIGHT SIDE ELEVATION 4 LEFT SIDE ELEVATION w 7 W W S-6 h • bitli �� iA iw Nollmm 10111C 'y ._ J P .. , It I OP Y7y. ` LIM , r� x .®-- -'- i }��■yp. 1 I - I ME ME AL ME L CALL �'r _T ,c �-4,c 1 --� �•d ME ELM ox... .....- ...L4 _.... CarWlMiM�;� NORTH ELEVATION METAL CAP, YELLOW SOUTH ELEVATION MCHENRY, IL RICKY ROCKETS Tom j; Car Wasn ... . EAST ELEVATION METAL CAP, YELLOW WEST ELEVATION MCHENRY, IL RICKY ROCKETS IIM, GREY September 29, 2016 Mr. Douglas P. Martin City of McHenry 333 South Green Street McHenry, IL 60050 Re: Chape! HIIi Road &Route 120 Heidner Properties Subdivision (86160287) McHenry, Illinois Dear Mr. Martin: oi. 1111:.01'fill :,It .� ;rJrrl Ir l ttrr!'I;i ll.::rl n.ill'r iia !Irk In regards to your review comments from HR Green, Inc. dated August 16, 2016, we offer the following responses to your comments in bold. Preliminary Engineering Comments These items were missing from this submittal and are required as part of preliminary engineering plan and plat review per Chapter 3/Section 3.2 of the City Subdivision Control and Development Ordinance: IN Soils Map and Analysis prepared by McHenry County Soil and Water Conservation District Response: Soil Map has been included. The provided Soils Map and Analysis was not prepared by County Soil and Water Conservation Distrct, but should be adequate for preliminary engineering. Response: NRi application is currently being processed. • Documenfation providing evidence that the property to be developed has been inspected by a qualifred professional fo determine whether or not a wetland or special flood hazard area is present. Response. The NWI map and FNMA flood maps do not indicate the presence of wetlands or special flood hazard areas. Wetland vegetation was not identified during site reconnaissance. Ok • Copies of all other applications to other agencies having jurisdiction over the development. This would include IDOT and MCDOT. Response: iDOT does not have an application. A copy of the McHenry County DOT application has been provided. Information not provided. Response: Review comments from McHenry County DOT and [DOT have been provided. • A current Ellie commitment for an owner's title insurance policy. Response: A copy of the title commitment has been provided. HR Green did not receive this information. Response: This has been provided. • A draft of protective covenants, whereby the subdivider proposed to regulate land use or continued maintenance within the subdivision. Response: A copy will be provided to the City under separate cover. Information not provided. Response: This has been provided. Mr. Martin September 29, 2016 Page 2 PREL1MlN,4RY PLAT OF SUBDIV/S/0N 1. Minimum lot width for a C-5 abutting an arterial is 200'. Lot 2 does not meet this requirement. Responses The lot width for Lot 2 is shown as 200'. 2. The configuration of Lot 2 is not standard and includes residential lots. Residential tots need fo be rezoned to be used as parking lots. Response: These lots are zoned C-5. 3. The plat submitted does not conform fo the form and content requirements for a Preliminary Plat of Subdivision as required by the City's Subdivision Ordinance (Chapter Mection 3.2). The following items are required as part of a Preliminary Plat. a. Preparation date, including succeeding revision dates. Response: Preparation date has been provided. b. The name and address of the owner, subdivider or developer. Response: Name and address of the Qwnerloubdivider has been provided. c. A small scale drawing of the sections) in which the subdivision lies, oriented in the same manneras the plat, and showing the location o, the subdivisi(Jn, major roads, impacted schools, existing or proposed parks, and the nearest bodies of water. Response: This information has been provided. d. The exisffng and proposed zoning of the subdivision, and the existing zoning of all adjacent property. Response: This information has been provided. NPI.MHIL0I e. Location, widths, and names of all existing and platted streets, alleys, or otherpublic ways and easements, railroad and utility rights -of --way, parks, cemeteries, water courses, drainage ditches, permanent buildings, bridges, and other pertinent data as determined by the City, within 300 feet of the proposed subdivision, or property owned or controlled by the subdivider or developer. Response: This information has been provided, f, Location and species of existing trees measuring 10 inches or more in diameter, as measured six inches above grade. (Tree Preservation is required per Section 24-40 to 24-50 of the City's Municipal Code.) Response: This information has been provided. g. Building setback lines. Response: This information has been provided. h. Location and area of properly proposed to be dedicated for public use or fo be reserved by covenant for use of all property owners in the subdivision with the conditions, if any, of such dedication or reservation. Response: This information has been provided. ` Mr. Martin September 29, 2016 Pa e 3 !. Existing topography of the property and within twenty -flue feet of the properly, with contour intervals shown for at least every two feet, with reference to USGS datum, or at more frequent intervals for land of unusual topography. Response: This information has been provided. HPI.MHIt.01 j, A table with fhe following information: Total acreage of subdivision; fofal number of lots; acreage of public lands to be dedicated other than streets; and the buildable area of each lot. Response: This information has been provided. k. lndicafion of proposed phases within the subdivision and the order of site development. Response: Project is proposed to be completed on one phase. !. Lot Labeling should be added to clarify as to what part of fhe Lot is fhe added area of Lof A. Response: This information has been provided. m. It is unclear what Lot A and the abutting lots are zoned Response: This information has been provided. !'tNAL PLAT OE SUDDIViSlON 1. Existing and Proposed Zoning should be provided. Response. The plat will be updated accordingly. OK if existing and proposed Zoning is C-5. 2. McHenry County DOT certificate should be added for approval since parcel fronts on Chapel Nil! Road. Response: The plat will be updated accordingly. Not adequately addressed. No certificate for McHenry DOT was found on the plat. Response: This information will be provided on Final Plat. 3. Discussion with IDOT to determine if additional ROW is required along its frontage on IL Route 920 is required. Response: We will coordinate with IDOT, IDOT will require review of the plat of subdivision and will not formally approve the plat until the IDOT permit is issued for work within their right-of-way, Not adequately addressed. Information not provided. Any IDOT ROW take wilt significantly impact this project and shall be identified now. Response: This information will be provided on Final Plat. 4. Note stating the subdivision will follow zoning requiremenfs/setbacks as described in McHenry Zoning Ordinance or Building setback Lines should be added. Response: The plat will be updated accordingly, Not adequately addressed. Note was not found. Response: This information will be provided on Final Plat, -i... l ;.fi • ;• � .. _t. - •.,t; n-;'r�s;r f :ri':7i - `e}'E s �"- f'- �i �> • `- i;a�r1 .. i�3?:£iP� �iiE P„... _:_,i �i 'Eli tir:i' �i %, -i?. T, 't.. .. L 'itFS _•i�, lJ.. ;.� ,.Ej;' "i t,. ;€i F., .r.. .. Mr. Martin September 29, 2016 Pa e 4 OM fW; 5. Lot 2 frontage is less Phan that required for a C-5 lot abutting an arterial road. Response; Lot 2 is 200' wide. 6. Copies of the easement documents shall be provided for all easements to be vacated. Easements cannot be vacated without approval of the entities to which the easement was granted. Certificate for easement vacations shall be provided for easement owners to sign on plat. Response: This Information will be provided on Final Plat. HPI.MNil01 7. There is an area of 51.0' labeled as Hereby Dedicated" on Chapel Hil(Road. The entity to which this is being dedicated should be added and a certificate of acceptance should be provided. Response, This information will be provided on Final flat, 8. StormwaterManagemenf Easements shall be provided overdetention basins and underground vaults along with access to those basins and vaults from Chapel Hill and/or Route 120, Response: This information will be provided on Final Plat. 9. A Municipal Utility Easement is required over the 12" Watermain. Response, This information will be provided on Final Plat. 10. The sanitary sewers are currently shown as mains {going from manhole to manhole} and are required to be within municipal easements. However, if connected via wyes to main, which is required per City's Technical Specifications Manual, they will be considered services and easements will not be needed. Response: This information will be provided on Final Plat. ,gLT',4/LAND auRVPY— No comments of this time ENGINEERING crrY PueL.rc worms 1. Design engir�eershall call out all road names {i.e. Rt.120, Adams Dr., Chapel Hill Rd., etc...) Response: Road names have been clearly labeled an ail applicable sheets. 2. Plans cal! for 8" wafer main. It needs to be 12". Response: Plans have been updated to call for 12" water main. Note adequately addressed. Watermain is now being shown as 10". Response: Plans have been updated to call for 12" water main. 1. Sidewalk should be extended from the west end of the property, north of Route 120, fo the intersection of Chapel Hill and Route 120. Response: Sidewalk has been extended along road frontages. Not adequately addressed. Sidewalk does not fully extend to Chapel Hill Road on Route 120 or to Route 120 on Chapel Hill Road nor does internal sidewalk extend to edge of pavement of Country Lane. Mr, (Martin HPI.MHIL01 September 29, 2016 Pa 05 Response: Sidewalks along Route FIN and Chape[ Hill Road now extend and meet at the intersection. Internal sidewalk now extends to the edge of pavement. 2. Per B.11 of Chapter Vli of the Zoning Ordinance, all uses providing over 25 parking spaces shall provide space and facilities for bicycle parking. This provision is not applicable to properties zoned Business Park or Industrial District classifications. (MC-91-553) Response: Bicycle parking areas have been added. OK 3. Per Table 10: Parking and Loading Dimensions in Section C of Chapter VI! of the Zoning Ordinance, the maximum driveway width is 36'. Response: Driveways have been designed to adequately accommodate commercial traffic and turning movements. Driveways still exceed 36' maximum per ordinance. HR Green has no objections to driveways as currently shown with the exception that sidewalks shall be extended across them, however, widths and configurations will need to be approved by County and IDOT prior to City consideration of approval. Response: Sidewalks are extended through the proposed driveways. 4. Per Table 11, Refail and Service Buildings 5,QQQ to 1 Q,QQQ square feet in net floor area shall provide one loading space. (This does not apply to C4 Downtown Commercial District). Response: Loading areas for each lot have been added. OK 5. Per Section 8 of Chapter V111 of the Zoning Ordinance, an landscaped strip is required including trees and shrubs, which may be combined with a solid fence or wall located along the length of all lot lines (excluding the width of access ways) that abut an adjacent residentially -zoned parcel on a parcel devoted to a more intensive residential, office, commercial, or industrial land use, whether or not an offstreet parking, loading, or refuse area is present. if a solid wall is proposed it shalt undulate by a minimum of 2- feet forward and back for each 25-feet in length. Area for side and rear yawl screen strip shall be provided per Table 14 of that same section. Response: A screening wall has been added along the north property line. Not adequately addressed. Information not provided. Landscape plan was not provided. There is a proposed fence (not a wall) offset from rear property line by 5.5'. There is no indication of screening on the banked parking area. Response: Landscape plan has been provided, a screening fence is proposed offset 5.5' from the rear property line. Screening for landbanked parking will be in accordance with the City of McHenry standards and will provided at the time that landbanked parking is installed. 6. Per Section B of Chapter Vlll, a 1 Q-foot landscaped strip which shall consist of densely clustered groups of varying species and size of shrubs and trees, and terming, which may include a solid wall or fence all which shall not exceed 4-feet in height at installation or maturity and shall not be less than 3-feet in height or minimum as determined by the Zoning Administrator shall be provided to affectively provide screening form parking lots except for trees which must maintain a minimum Udot trimmed canopy off the ground as to not obstruct views into and out of the site. This shall be located around the perimeter of the parking lot to screen vehicles and vehicle headlights from adjacent public ways. The clustering of the groups of plants shall allow for plowing and snow storage. A solid row of hedges, one type of plant or solely a solid wall shall not be permitted unless it is determined by the Zoning Administrator that this would be the only way Mr. Martin September 29, 2016 age 6 NPI.MNIL01 to affectively screen vehicle headlights. The parking screening strlp is required for all off-street parking lots containing more than 5 parking spaces and any vehicle or equipment storage lots or vehicle or equipment sales lots. Response: A 1 Q' landscaped strip has been added to screen parking lots from public ways. Not adequately addressed. Information not provided. Landscape plan was not provided. There is a proposed fence offset from tear property line by 5.5'. There is no indication of screening on the banked parking area. Response: Landscape plan has been provided, a screening fence is proposed offset 5.5' from the rear property line. Screening for landbanked parking will be in accordance with the City of McHenry standards and will provided at the time that landbanked parking is installed. 7. Alsa, per8-3 in Chapter VIlI, a landscaped island is an 8 x 15 island in the interiorof an off- street parking area is to be provided every 15 parking spaces and at the ends of parking rows. The intent of the parking islands is to provide shade trees on hot summer days, reduce the effects of the urban heat island by reducing paved surfaces and visually breaking up the expanse of asphalt. Response: A landscaped island has been added to conform with this requirement. OK, subject to City approval. $. Detention areas shall be designed per the Clty's Subdivision Control and Development Ordinance in terms of retaining or detaining water and all engineering z v-rt4 "cements. However, it shall be noted that detention areas should be designed to appear as natural as possible per the City Zoning Ordinance (B4 of Vh Vlll). Landscaping shall be required around the perimeter of all retention and detention basins, which shall consist of trees, shrubs and emergent plantings in a quantity, species and arrangement that will create an aesthetically pleasing and ecologically functional environment. All landscaping shall conform with the approved landscape list. Plantings around basins shall be salt tolerant. Such landscaping shall be in conformance with Best Management Practices as determined by the City. Response: Detention areas have been discussed with HR Green and shall be landscaped in accordance with the City Zoning Ordinance. No landscaping plan was provided, this shall be a part of final review. Response: Landscape plan has been provided. Detailed detention landscaping will be prepared during Final Engineering. 9. Per T4.7 of the Technical Reference Manual: Dry detention basins shall be designed with side slopes not steeper than five (5) horizontal to one (i) vertical. The basin floor shall have a slope of not less than two (2) percent. In order to prevent soil erosion and weed problems the detention basin shall be landscaped including sodding and/or hydro -seeding of the basin as required. The basin shall also have a low flow underdrain consisting of a minimum ten (10) inch storm sewer or perforated drain tile. Detention basins with permanent ponds shall be graded such that the area one (1) foot above the normal water level to two (2) feet below normal water level has a slope of five (5) horizontal to one (1) vertical, The area from one (1) foot above normal water level to two (2) feet below normal water shall have a shoreline protection consisting of the installation of a woven erosion control fabric with native wetland and prairie plantings. At the point two (2) feet below normal water level a ledge eight (8) feet wide shall be constructed. From the edge of this eight (8) foot ledge the ground shall slope at two (2) horizontal to one (1) r Mr. Martin September 29, 2016 Paae 7 i' M EiPI.MHfL01 vertical for an additional three (3) foot depth. If fish Iife is to be sustained in the basin an area equal to twenty-five (25) percent of the normal water surface area shall be a minimum of twelve (12) feet deep. The ground above one (1) foot above the nonnal water elevation shall have a slope not steeper than ten (10) horizontal to one (1) vertical for a minimum horizontal distance of twenty (20) feet. Above this elevation the slopes within the basin shall not be steeper than six (6) horizontal to one (1) vertical for shallower than two (2) percent. Response: The proposed detention pond is designed in accordance with the City of McHenry requirements. Not adequately addressed. There is no safety ledge. Slopes are steeper than 10:1 one foot above normal water elevation, etc. Response: The proposed detention basin has been modified to include a safety ledge. The proposed detention basin Is designed to have a naturalized wetland -style bottom. 10. Generally, if is preferable that municipal utilities be placed autside IDOT and County ROW in exclusive easements dedicated to the City. Response: The proposed municipal utilities are located outside of the ROW and will be placed in easements. Not adequately addressed. It is unclear where the ROW line is on the south side of Route 120 and where the watermain is placed in relation to that line. Response: Additional R.O.W. labels have been added for clarification, and dimensions have been added to show that the watermain is proposed 10 feet outside the R.O.W. 11. Plarn does not meet the parl<ing requirements without additional parking lot indicated as "banked" on this plan. It is recommended that the banked parking lot be constructed as part of this plat and plan or that a variance to parking requirements of the ordinance be requested by developer and reviewed and approved as part of preliminary approval. Response: A Parking Variance Is being requested by the developer. 12. Auto -turn analysis should be provided for this site. The truck parking area to the east of the proposed detention basin does not appear viable for traffic and should be angled in the opposite direction. The curb return radius and the sidewalk at the southeast corner of fhe banked parking lot appear to be subject to rollover by right turning vehicles from the east. Stacking in the drive through lane on the west side of the Lot 2 building is minimal. More stacking is recommended. Auto -turn should check if vehicles will be able to make turns southbound into the "bypass" lane next to the drive through if vehicles stack past the end of the striped lane. Response: Autoturn exhibit has been provided. 1. With regards to infiltration within the depressional areas: The curve number maybe based on the existing vegetated ground condition which itself accounts fornormat infiltration into the soil. However, to the extent that water is trapped until it evaporates oris percolated into the ground, this is volume that is not currently seen by the downstream watershed and therefore is an essential component of the depressional volume that must be compensated for. Infiltration may not be used to reduce depressional storage. Response: It is understood that infiltration may not be used to reduce depressional storage. Therefore, a composite curve number was calculated with respect to the existing characteristics of the tributary area. All curve number calculations have been identified on the Existing Conditions Drainage Exhibit. OK Mr. Martin September 29, 2016 Page 8 HPfi.MHIL.O f 2. With the significant onsite depressional storage areas it must be determined if the exng runoff rate is less than the 0.15 cfs/acre release rate. Response: An existing conditions critical duration analysis was analyzed to better understand functionality of the depressional area. Eased on the results of this hydrologic model, it is understood that the depressional area does not overflow during the 100-year critical duration analysis. Therefore, the maximum volume within the depressional storage area is achieved during the 100-Year, 240-Hour storm event. A summary of this analysis is provided within the Preliminary Stormwater Report. Furthermore, the existing conditions were examined to understand the peak flow rates into the iDOT Storm Sewer along IL Route 120. it shall be understood that all onsite tributary areas (Sub -Basin 1, 2A, 213) ultimately discharge into the IDOT Sewer along IL Route 120, Although the depressional area (Sub Basin No. 1) does not overflow, a peak flow rate of 4.96 CFS was calculated for the 100-Year Critical Duration Analysis into the IDOT Storm Sewer for the entire onsite development tributary. This peak flow was determined at the 100-Year, 2-Hour Event. OK, conditional upon IDO T approval, 3. If the western depressional area does not overflow to the eastern depressional area (or any other outfall) in the 100 year storm, the tributary acreage must be excluded from fhe allowable release rate. Response: Based on the analysis outlined within the above response (Comment No. 2), the eastern depressional area does not overflow during the critical duration 100-Year Storm Event. Therefore, the tributary acreage shall be excluded from the allowable release rate for the onsite development. Per a phone conversation with Manhard Consulting and HR Green on August 2, 2016, the onsite allowable release rate shall be calculated as follows. o Existing Conditions Tributary Area to Depression (ONSITE ONLY) = 3.06 Ac. o Proposed Conditions Tributary Area = 7,00 Act (TOTAL) o Per H.R. Green, the tributary acreage must be excluded from the allowable release o 7.00 Act ~ 3.06 Act = 3.96 Act (To Calculate Allowable Release Rate) o 3.95 Act x 0,16 CFS r 0.69 CFS Note: Refer to the Existing and Proposed Drainage Condition Exhibits provided within the Preliminary Stormwater Report for clarification. OK 4. The outlet pipes for the surface basins should be set 1' above the invert of the basins to compensate for the existing condition onsite infiltration. The bottom should be treated as a rain garden and the volume may be counted toward the depressional storage requirement. Response. All outlet pipes will be designed during the Final Engineering Phase of development. At that time, all rain gardens and bio4nfiltratlon facilities will be coordinated with the Final Landscape Plans. OK, to be evaluated as part of Final Engineering review. 5. A previous email transmittal regarding this site suggests that there are no offsite areas. We disagree with this conclusion in the following areas: a. There are back yards that appear to be if along the not edge of the property. It appears along the eastern half of the property it would be appropriate to have a swale along the lot line to direct this flow to the Chapel Hill Road right -of --way. HPI_MHIL01 Mr. Martin September 29, 20M Page 9 �x r Response: The Existing Drainage Conditions Exhibit Confirms that the back yards are tributary to the property, and this area has been included in the existing conditions analysis. At this Preliminary Design Phase, the offsite tributary area has been routed through the proposed detention basin as "Offsite Bypass Flow". However, implementation of a bypass swale will be further examined during the Final Design Phase. OK, to be evaluated as part of Final Engineering review. b. Along the western half there is a lower area that is tributary fa the western depressional area and therefore should be considered in the depressional storage calculation and routed to the north detention basin in the proposed condition. Response. An additional topographic survey was performed by Vanderstappen Land Surveying, Inc. (7122116) to better understand the drainage characteristics of the offsite property. The information is depicted on the Existing Condition Drainage Exhibit for further clarification OK, to be further evaluated as part of Final Engineering Review. c. County Lane is indicated by County topography to be a depressional area with an overflow either to Chapel Hill Road or to western backyards described above, or both. Analysis is required to determine the overflow route and if overflow of this depressional area will be tributary to the onsite depressional area. Response: An additional topographic survey was performed by Vanderstappen Land Surveying, Inc. (7122116) to better understand the drainage characteristics of the offsite property. The field information provided confirms that County Lane overflows into the Chapel Hill Road Right -of -Way. This runoff is then collected by a ditch along Chapel Hill Road, and it Is ultimately collected by the IDOT Storm Sewer along IL Route 120. The data and overflow point are depicted on the Existing Condition Drainage Exhibit for further clarification. OK to be further evaluated as part of Final Engineering Review. d. Areas of the IDOT right-of-way maybe tributary to the site in the existing and/or proposed site conditions. Existing tributary area must be included in the depressional storage calculation. Response: Existing tributary areas have been updated with additional Topographic information and analysis. This includes portions of IDOT R.O.W. which are shown on the Existing Condition Drainage Exhibit. The existing conditions analysis is a comprehensive examination of the total tributary area. OK, to be further evaluated as part of Final Engineering Review. 6. The viability of this site is dependent on discharge to the IDOT storm sewer system at the southeast corner of the praperfy. Given the existing depressional storage area on the site, it is expected that the minimum 4" orifice will be used for discharge from the basin to the IDOT system. Approval from IDOT for this connection and discharge to the IDOT system will be required. Submittal to iDOT should be made as soon as possible since this is critical to the design of the stormwa ter system. Response: Manhard Consulting has had several phone conversations with the Illinois Department of Transportation (IDOT) Hydraulics Department to discuss the project. Prior to Final Engineering, a formal pre -application meeting will be conducted with IDOT to better define the design parameters. Mr. Martin September 29, 2016 Pa a 10 fTMi 26 6 HPI.MHIL01 OK, while proposed stormwater management system, for the most part (except as noted above) appears to work with the current design, the lack of County and State review and approval may cause significant changes to the plans and that system. Submittal to IDOT should be made and approval by the County should be provided as soon as possible since this is critical to the design of the stormwater system and the site. Response: Understood. TRAFFIC lMPACi STUDY 1. Trip generation numbers are low for Specialty Retail and Coffee/f7onut Shop. The report should state why different numbers were assumed. Response: This will be addressed in the updated traffic study to be issued upon receipt of comments from IDOT. Information notprovided. Response: 50% of traffic is already accounted for in the convenience store trip generation number by vehicles using both facilities. This is an accepted practice by IDOT. 2. Square footage used for calculafions is lower than that of plans. Response: The additional retail contiguous to the convenience store was not included [n the initial traffic study. The traffic study is being updated to include this retail. The inclusion of this retail will have a de minimis impact on the traffic volumes and levels of service indicated within the report. Information not provided. Response: This has been addressed and Included in the revised Traffic Study. 3. If 120 is an SRA route —IDOT may not approve a left turn lane on IL 920 fora commercial entrance which means more Ien turn vehicles tumr`ng off of Ghapel Hill Road and the development isn't showing any improvements at this entrance along Chapel Hill. Response: We will address this once comments have been received from [DOT. Information not provided. Not adequately addressed. Response: IDOT has preliminarily approved the left turn lane per the IDOT comment letter. 4. Currently, there are no connections shown between commercial businesses. Recommend that fhis be considered for this site and the adjacent existing development. Response: We are providing cross access with the Riverside Chocolate Factory, and the applicant is willing to reasonably accommodate cross access with the property to the west. Not adequately addressed. Plans are showing a gravel strip to remain between the proposed parking tot and the east side of the Riverside Chocolate Factory. Sidewalks are stopped at or near the property line with Riverside Chocolate Factory. Driveways for the Riverside Chocolate Factory do not appear to be moved as requested by the County in their July 28, 2016 letter to KLOA and there is no connection being provided to the west at the west PL. Response: This has been addressed. Mr. Martin September 29, 2016 Pa a 11 C11 Y PUELIC WORKS COMMENTS (DATED JUNE 27, 201 B) 1. can out an road names (i.e. Rt.120, Adams Dr.) Chapel Hif1 Rd., efc...) Response: Road names have been labeled. 2. Plans calf far 8" water main, needs to be 12" Response: Watermain has been updated to 12" 3. Cal1 out WM and Service line material to be installed Response: To be addressed during Final Engineering. 4. No t=ire Hydrants or locations per Gity specifrcations Response: To be addressed during Final Engineering, 5. Na Valve Vaults and size per City Speciticafions Response: To be addressed during Final Engineering. 6. Denofe Wafer and fire service and size, valves, vaults? Response, To be addressed during Final Engineering. 7. Domestic water service and fire service must be separate Response: To be addressed during Final Engineering. 8. Denofe tap tan caffons for domestic and fire services Response: To be addressed during Final Engineering. 9. Denote Boring and casing locations pit to pit and materials to be used Response: To be addressed during Finai Engineering. NPI.MHIL01 10. Denote all fitting locations, i.e. T's, 90's, Taps, etc... Response: To be addressed during Finai Engineering. 9. More detail on connection to existing WM at Adams Dr. (I assume) Possible issue with location? Response: To be addressed during Final Engineering. 92. Denote all possible conflicts with utility installation Response: To be addressed during Final Engineering. 93. include Gffy's Utility Detail Sheets Response: To be addressed during Fina[ Engineering. 14. No Sidewalks shown-(5' walk needed) Response: Sidewalks are proposed. Superintendent Ruzicf<a: No comments Superintendent Schmidt: The landscape plans for Ricky Rocket's need the legend attached. Response: Landscape legend will be provided when specific landscape elements are designed during Final Engineering. ` Mr. Martin September 29, 2016 Page 12 PLANNI1VG.4NL7 ZONING COMMISSION COMMENTS 9. Hedge rows should be added to screen parking andgasoline fueling areas from Route �20 and Chapel Hill Road Response: Hedge rows have been added to the landscape plan to screen parking and gasoline fueling areas from Route 120 and Chapel Hill Road. Should you have any questions or require additional ciariftcation, please do not hesitate to contact us at 630-925-121 & Sincerely, MANHARD CONSULTING, LTD. Steven �11. Shanholtzer, P.E. Project Manager HPl.MHIL01 D 420 North Front Street i Suite 100 i McHenry, IL 60050 Main 815.385.1778 + Fax 815.385.1781 HRGrU H October 10, 2016 Mr. Douglas P. Martin City of McHenry 333 South Green Street McHenry, IL 60050 Re: Heidner Properties Subdivision Preliminary Review No. 3 (86160287) Dear Mr. Martin: i HRGREEN.COM HR Green has completed our review of the preliminary plat submittal for the above mentioned site. At this time, the majority of our comments have either been addressed or will be addressed during final engineering. However, there are a few items that remain a concern, but may be able to be addressed by the Planning and Zoning commission. These items include; IDOT approval of both the access points and storm water drainage; truck movement through the site, as the Auto -turn exhibit appears to show a very tightly laid out site; and the design of the detention basin design having some safety and aesthetic concerns. The following items were received by HR Green Inc. (FIR Green) on October 4, 2016, for our review: ■ Unsigned and unsealed Preliminary Plat of Subdivision (3 sheets) prepared by Vanderstappen Land Surveying, Inc. on September 27, 2016. (FIRST SUBMITTAL) ■ Unsigned and unsealed Engineering Plans (13 sheets) for "Proposed Improvements for Route 120 and Chapel Hill Road — 2172 West Route 120" prepared by Manhard Consulting, Ltd. on June 14, 2016 and last revised on September 29, 2016. ■ Unsigned and Unsealed Traffic Impact Study for Proposed Ricky Rockets Fuel Center prepared by KLOA on September 30, 2016 (Appendix not included). We acknowledge previous receipt of the following: ■ ALTA/Land Title Survey prepared by Vanderstappen Land Surveying, Inc. February 16, 2016. ■ Traffic Impact Study for Proposed Ricky Rockets Fuel Center prepared by KLOA on June 21, 2016. ■ Letter to KLOA from McHenry County Department of Transportation dated July 28, 2016. ■ Unsigned and unsealed Final Plat of Subdivision (1 sheet) prepared by Vanderstappen Land Surveying, Inc. with Surveyor's signature block dated August 4, 2016. ■ Unsigned and unsealed Plat of Survey (2 sheets) prepared by Vanderstappen Land Surveying, Inc. with Surveyor's signature block dated August 8, 2016. (NOT REVIEWED) ■ Unsigned and unsealed Preliminary Stormwater Management Summary prepared by Manhard Consulting, Ltd. on August 2, 2016. ■ USDA NRCS Soils MapMeb Soil Survey dated August 5, 2016. (FOR REFERENCE ONLY) Our original review of the submitted documents was to the level of Preliminary Engineering. During the course of the review by both the City's Public Works Staff and FIR Green, items that would be required during a final engineering submittal were noticed. These comments were included to assist the design engineer as this project progresses. Preliminary Engineering Comments below should be addressed prior to the Planning and Zoning board submittal. Mr. Douglas P. fNartin Heidner Properties Subdivision (86160287) October 10, 2016 HRGreen Our original comments are followed in italics by Manhard Consulting's responses provided in their letter dated to you dated September 29, 2016, unless otherwise indicated. HR Green's disposition of each comment follows each response in bold. New comments are appended to each section and are entirely in bold. PRE�I INARY ENGINEERING MENi These items were missing from the original submittal and are required as part of preliminary engineering plan and plat review per Chapter 3/Section 3.2 of the City Subdivision Control and Development Ordinance: ■ Soils Map and Analysis prepared by McHenry County Soil and Water Conservation District. Response: Soils map was previously provided and NRI application is currently being processed. NRI not provided. ■ Documentation providing evidence that the property to be developed has been inspected by a qualified professional to determine whether or not a wetland or special flood hazard area is present. Response (August 8, 2016): The NWI map and FEMA flood maps do not indicate the presence of wetlands or special flood hazard areas. Wetland vegetation was not identified during site reconnaissance. OK. ■ Copies of all other applications to other agencies having jurisdiction over the development. This would include IDOT and MCDOT. Response: IDOT does not have an application. A copy of the McHenry County DOT application has been provided. Review comments from McHenry County DOT and IDOT have been provided. OK, copy of approved permits are required for project approval. ■ A current title commitment for an owner's title insurance policy. Response: A copy of the title commitment has bene provided. Information not provided to HR Green. ■ A draft of protective covenants, whereby the subdivider proposed to regulate land use or continued maintenance within the subdivision. Response: A copy will be provided to the City under separate cover. Information not provided to HR Green PRELIMIINARY PLAT OF SUBDIVISION 1. Minimum lot width for a C-5 abutting an arterial is 200'. Lot 2 does not meet this requirement. Response: The lot width for Lot 2 is shown as 200'. OK. 2. The configuration of Lot 2 is not standard and includes residential lots. Residential lots need to be rezoned to be used as parking lots. Response: These lots are zoned C-5. OK. 3. The plat submitted does not conform to the form and content requirements for a Preliminary Plat of Subdivision as required by the City's Subdivision Ordinance (Chapter 3/Section 3.2). The following items are required as part of a Preliminary Plat. a. Preparation date, including succeeding revision dates. Response: Preparation date has been provided. OK. b. The name and address of the owner, subdivider or developer. Response: Name and address of the Owner/Subdivider has been provided. OK. c. A small scale drawing of the section(s) in which the subdivision lies, oriented in the same manner as the plat, and showing the location of the subdivision, major roads, impacted schools, existing or Page 2 Mr. Douglas P. Martin Heidner Properties Subdivision (86160287) October 10, 2016 proposed parks, and the nearest bodies of water. Response: This information has been provided. OK. d. The existing and proposed zoning of the subdivision, and the existing zoning of all adjacent property. Response: This information has been provided. OK. e. Location, widths, and names of all existing and platted streets, alleys, or other public ways and easements, railroad and utility rights -of -way, parks, cemeteries, water courses, drainage ditches, permanent buildings, bridges, and other pertinent data as determined by the City, within 300 feet of the proposed subdivision, or property owned or controlled by the subdivider or developer. Response: This information has been provided. OK. f. Location and species of existing trees measuring 10 inches or more in diameter, as measured six inches above grade. (Tree Preservation is required per Section 2440 to 24-50 of the City's Municipal Code.) Response: This information has been provided. Not adequately addressed. Per Section 24-44 of the City's Municipal Code the following information also must be provided: (a) Any person requiring a Tree Removal Permit due to development, redevelopment, subdivision, new construction, expansion, structural alteration, or other improvement to private structures or property shall submit the following information to the. (1) A tree survey which shall consist of a plat of survey indicating the location, size, and botanical and common name of all trees located on the parcel with a six-inch DBH or greater. The tree survey shall also include all proposed structures and impervious areas and identify those trees for removal. (2) A written statement indicating the reasons for removal of tree(s). (3) A tree preservation plan which is the tree survey including a designation in plan form of the trees that are to be preserved and protected The plan should include methods and procedures to be used for tree protection. In addition, per 24=45 of the Code, a replacement schedule shall be provided. g. Building setback lines. Response: This information has been provided. OK. h. Location and area of property proposed to be dedicated for public use or to be reserved by covenant for use of all property owners in the subdivision with the conditions, if any, of such dedication or reservation. Response: This information has been provided. Not adequately addressed. Areas to be used by all property owners in the subdivision do not appear to be dedicated or reserved such as cross access easement or private drainage easement. i. Existing topography of the property and within twenty-five feet of the property, with contour intervals shown for at least every two feet, with reference to USGS datum, or at more frequent intervals for land of unusual topography. Response: This information has been provided. OK. j. A table with the following information: Total acreage of subdivision; total number of lots; acreage of public lands to be dedicated other than streets; and the buildable area of each lot. Response: This information has been provided. Not adequately addressed. Buildable areas as shown are incorrect. Per the City's Zoning Ordinance, "buildable area" is defined as "The area of the lot remaining after the minimum open space and setback requirements of this ordinance have been complied with (see diagram in appendix).(MC-04-847) k. Indication of proposed phases within the subdivision and the order of site development. Response: Project is proposed to be completed in one phase. OK. Page 3 Mr. Douglas P. Martin Heidner Properties Subdivision (86160287) October 10, 2016 HRGreeII I. Lot labeling should be added to clarify as to what part of the Lot is the added area of Lot A. Response. This information has been provided. OK. m. It is unclear what Lot A and the abutting lots are zoned. Response: This information has been provided. OK. n. Per3.2.13.10 of the City Subdivision Ordinance, the name and address of all owners of unsubdivided property adjacent to the subdivision shall be shown. FINAL PLAT OF SUBDIVISION 1. Existing and Proposed Zoning should be provided. Response (August 8, 2016): The plat will be updated accordingly. OK. 2. McHenry County DOT certificate should be added for approval since parcel fronts on Chapel Hill Road. Response: This information will be provided on the final plat. OK, to be provided on final plat. 3. Discussion with IDOT to determine if additional ROW is required along its frontage on IL Route 120 is required. Response: This information will be provided on the final plat. Not adequately addressed. Information not provided. Any IDOT ROW take will significantly impact this project and shall be identified now. 4. Note stating the subdivision will follow zoning requirements/setbacks as described in McHenry Zoning Ordinance or Building setback lines should be added. Response. This information will be provided on the final plat. OK, to be provided on final plat. 5. Lot 2 frontage is less than that required for a C-5 lot abutting an arterial road. Response: Lot 2 is 200' wide. OK. 6. Copies of the easement documents shall be provided for all easements to be vacated. Easements cannot be vacated without approval of the entities to which the easement was granted. Certificate for easement vacations shall be provided for easement owners to sign on plat. Response: This information will be provided on final plat. OK, easement docs and vacation certificates to be provided on final plat. 7. There is an area of 51.0' labeled as "Hereby Dedicated" on Chapel Hill Road. The entity to which this is being dedicated should be added and a certificate of acceptance should be provided. Response: This information will be provided on the final plat. OK, to be provided on final plat. 8. Stormwater Management Easements shall be provided over detention basins and underground vaults along with access to those basins and vaults from Chapel Hill and/or Route 120, Response: This information will be provided on the final plat. OK, to be provided on tinat plat. 9. A Municipal Utility Easement is required over the 12" Watermain. Response: This information will be provided on the final plat. OK, to be provided on final plat. 10. The sanitary sewers are currently shown as mains (going from manhole to manhole) and are required to be within municipal easements. However, if connected via wyes to main, which is required per City's Technical Specifications Manual, they will be considered services and easements will not be needed. Response: This information will be provided on the final plat. OK, to be provided on the final plat. 11. Prior to approval of final plat of subdivision, developer shall provide the following: a. Report from Illinois Historical Preservation Agency b. Proof of compliance with the Illinois Endangered Species Protection Act Page 4 Mr. Douglas P. Martin Heidner Properties Subdivision (86160287) October 10, 2016 HRGnd H c. IEPA NOI d. IEPA Sewer and Water Permits e. Codes, Covenants and Restrictions f. Applicable Easement Documents (if offsite or not included on plat and as applicable) ALTAILAND SURVEY — No comments at this time ENGINEERING CITY PUBLIC WORKS 1. Design engineer shall call out all road names (i.e. Rt.120, Adams Dr., Chapel Hill Rd.,etc....) Response (August 8, 2016): Road names have been clearly labeled on all applicable sheets. OK. 2. Plans call for 8" water main. It needs to be 12. Response: Plans have been updated to call for 12" watermain. OK. HR GREEN 1. Sidewalk should be extended from the west end of the property, north of Route 120, to the intersection of Chapel Hill and Route 120, Response: Sidewalks along Route 120 and Chapel Hill Road now extend and meet at the intersection. Internal sidewalk now extends to the edge of pavement. OK.. 2. Per BA 1 of Chapter VII of the Zoning Ordinance, all uses providing over 25 parking spaces shall provide space and facilities for bicycle parking. This provision is not applicable to properties zoned Business Park or Industrial District classifications. (MC-91-553) Response (August 8, 2016): Bicycle parking areas have been added. OK. 3. Per Table 10: Parking and Loading Dimensions in Section C of Chapter VI of the Zoning Ordinance, the maximum driveway width is 36'. Response (August 8, 2016): Driveways have been designed to adequately accommodate commercial traffic and turning movements. September 29, 2016 Response: Sidewalks are extended through the proposed driveways. Driveways still exceed 36' maximum per ordinance. HR Green has no objections to driveways as currently shown with the exception that sidewalks shall be extended across them; however, widths and configurations will need to be approved by County and IDOT prior to City consideration of approval. 4. Per Table 11, Retail and Service Buildings 5,000 to 10,000 square feet in net floor area shall provide one loading space. (This does not apply to C4 Downtown Commercial District). Response (August 8, 2016): Loading areas for each lot have been added. OK. 5. Per Section B of Chapter VIII of the Zoning Ordinance, a landscaped strip is required including trees and shrubs, which may be combined with a solid fence or wall located along the length of all lot lines (excluding the width of access ways) that abut an adjacent residentially -zoned parcel on a parcel devoted to a more intensive residential, office, commercial, or industrial land use, whether or not an offstreet parking, loading, or refuse area is present. If a solid wall is proposed it shall undulate by a minimum of 2- feet forward and back for each 25-feet in length. Area for side and rear yard screen strip shall be provided per Table 14 of that same section. Response (August 8, 2016): A screening wall has been Page 5 Mr. Douglas P. Martin Heidner Properties Subdivision (86160287) October 10, 2016 HRGreen added along the north property line. September 29, 2016 Response: Landscape plan has been provided, a screening fence is proposed offset 5.5' from the rear property line. Screening for landbanked parking will be in accordance with the City of McHenry standards and will be provided at the time that landscaped parking is installed. Not adequately addressed. Landscape plan for banked parking area should be provided at this time because at the time of final plat approval, HR Green recommends that a letter of credit be provided by the developer covering the cost of the land banked parking lot cost. 6. Per Section B of Chapter VIII, a 10400t landscaped strip which shall consist of densely clustered groups of varying species and size of shrubs and trees, and berming, which may include a solid wall or fence all which shall not exceed 4-feet in height at installation or maturity and shall not be less than 34eet in height or minimum as determined by the Zoning Administrator shall be provided to affectively provide screening form parking lots except for trees which must maintain a minimum 7400t trimmed canopy off the ground as to not obstruct views into and out of the site. This shall be located around the perimeter of the parking lot to screen vehicles and vehicle headlights from adjacent public ways. The clustering of the groups of plants shall allow for plowing and snow storage. A solid row of hedges, one type of plant or solely a solid wall shall not be permitted unless it is determined by the Zoning Administrator that this would be the only way to affectively screen vehicle headlights. The parking screening strip is required for all off-street parking lots containing more than 5 parking spaces and any vehicle or equipment storage lots or vehicle or equipment sales lots. Response: Landscape plan has been provided. A screening fence is proposed offset 5.5' from the rear property line. Screening for landbanked parking will be in accordance with the City of McHenry standards and will be provided at the time that landbanked parking is installed. See Comment 5 above and City to approve screening. 7. Also, per B-3 in Chapter VIII, a landscaped island is an 8 x 15 island in the interior of an off-street parking area is to be provided every 15 parking spaces and at the ends of parking rows. The intent of the parking islands is to provide shade trees on hot summer days, reduce the effects of the urban heat island by reducing paved surfaces and visually breaking up the expanse of asphalt. Response (August 8, 2016): A landscaped island has been added to conform with this requirement. OK, subject to City approval. 8. Detention areas shall be designed per the City's Subdivision Control and Development Ordinance in terms of retaining or detaining water and all engineering requirements. However, it shall be noted that detention areas should be designed to appear as natural as possible per the City Zoning Ordinance (134 of Vh VIII). Landscaping shall be required around the perimeter of all retention and detention basins, which shall consist of trees, shrubs and emergent plantings in a quantity, species and arrangement that will create an aesthetically pleasing and ecologically functional environment. All landscaping shall conform with the approved landscape list. Plantings around basins shall be salt tolerant. Such landscaping shall be in conformance with Best Management Practices as determined by the City. Response: Landscape plan has been provided. Detailed detention landscaping will be prepared during Final Engineering. OK, to be provided at final engineering. 9. Per T-4.7 of the Technical Reference Manual: Dry detention basins shall be designed with side slopes not steeper than five (5) horizontal to one (1) vertical. The basin floor shall have a slope of not less than two (2) percent. In order to prevent soil erosion and weed problems the detention basin shall be landscaped including sodding and/or hydro -seeding of the basin as required. The basin shall also have a Page 6 Mr. Douglas P. Martin Heidner Properties Subdivision (86160287) October 10, 2016 HRUreen low flow underdrain consisting of a minimum ten (10) inch storm sewer or perforated drain tile. Detention basins with permanent ponds shall be graded such that the area one (1) foot above the normal water level to two (2) feet below normal water level has a slope of five (5) horizontal to one (1) vertical. The area from one (1) foot above normal water level to two (2) feet below normal water shall have a shoreline protection consisting of the installation of a woven erosion control fabric with native wetland and prairie plantings. At the point two (2) feet below normal water level a ledge eight (8) feet wide shall be constructed. From the edge of this eight (8) foot ledge the ground shall slope at two (2) horizontal to one (1) vertical for an additional three (3) foot depth. If fish life is to be sustained in the basin an area equal to twenty-five (25) percent of the normal water surface area shall be a minimum of twelve (12) feet deep. The ground above one (1) foot above the normal water elevation shall have a slope not steeper than ten (10) horizontal to one (1) vertical for a minimum horizontal distance of twenty (20) feet. Above this elevation the slopes within the basin shall not be steeper than six (6) horizontal to one (1) vertical for shallower than two (2) percent. Response: The proposed detention pond has been modified to include a safety ledge. The proposed detention basin is designed to have a naturalized wetland style bottom. Not adequately addressed. There is no safety ledge rather the bottom of the basin is only two foot below the NWL. Slopes are steeper than 10:1 one foot above normal water elevation; in fact, the cross-section shows them to be 1:1. This would require a wall is to be constructed down from parking lot to basin. This wall shall be detailed and will require review and approval. Fall protection (such as a guard rail) may be required due to basin configuration. Also, it is not clear how the basin is to maintain a wet bottom with a drain tile system in the bottom. 10. Generally, it is preferable that municipal utilities be placed outside IDOT and County ROW in exclusive easements dedicated to the City. Response: Additional ROWlabels have been added for clarification and dimensions have been added to show that the water main is proposed 10 feet outside the ROW. OK. Easements will be required in final engineering. 11. Plan does not meet the parking requirements without additional parking lot indicated as "banked" on this plan. It is recommended that the banked parking lot be constructed as part of this plat and plan or that a variance to parking requirements of the ordinance be requested by developer and reviewed and approved as part of preliminary approval. Response: A parking variance is being requested by the developer. OK, subject to City approval. 12. Auto -turn analysis should be provided for this site. The truck parking area to the east of the proposed detention basin does not appear viable for traffic and should be angled in the opposite direction. The curb return radius and the sidewalk at the southeast corner of the banked parking lot appear to be subject to rollover by right turning vehicles from the east. Stacking in the drive through lane on the west side of the Lot 2 building is minimal. More stacking is recommended. Auto -turn should check if vehicles will be able to make turns southbound into the "bypass" lane next to the drive through if vehicles stack past the end of the striped lane. Response: Autoturn exhibit has been provided. Not adequately addressed. Autoturn does not show how the truck parking area can be accessed as shown. 13. Plans should be labeled PRELIMINARY. Please note that additional comments will be generated upon final engineering review. STORMWATER MANAGEMENT Page 7 Mr. Douglas P. Martin Heidner Properties Subdivision (86160287) October 10, 2016 HRGreeH 1. With regards to infiltration within the depressional areas: The curve number may be based on the existing vegetated ground condition which itself accounts for normal infiltration into the soil. However, to the extent that water is trapped until it evaporates or is percolated into the ground, this is volume that is not currently seen by the downstream watershed and therefore is an essential component of the depressional volume that must be compensated for. Infiltration may not be used to reduce depressional storage. Response (August 8, 2016): It is understood that infiltration may not be used to reduce depressional storage. Therefore, a composite curve number was calculated with respect to the existing characteristics of the tributary area. All curve number calculations have been identified on the Existing Conditions Drainage Exhibit. OK. 2. With the significant onsite depressional storage areas it must be determined if the existing runoff rate is less than the 0.15 cfs/acre release rate. Response (August 8, 2016): An existing conditions critical duration analysis was analyzed to better understand functionality of the depressional area. Based on the results of this hydrologic model, it is understood that the depressional area does not overflow during the 100-year critical duration analysis. Therefore, the maximum volume within the depressional storage area is achieved during the 100-Year, 240-Hour storm event. A summary of this analysis is provided within the Preliminary Stormwater Report. Furthermore, the existing conditions were examined to understand the peak flow rates into the IDOT Storm Sewer along IL Route 120. It shall be understood that all onsite tributary areas (Sub -Basin 1, 2A, 2B) ultimately discharge into the IDOT Sewer along IL Route 120. Although the depressional area (Sub - Basin No 1) does not overflow, a peak flow rate of 4.96 CFS was calculated fro the 100-Year Critical Duration Analysis into the IDOT Storm Sewer for the entire onsite development tributary. This peak flow as determined at the 100-Year, 2-Hour Event. OK, conditional upon IDOT approval. 3. If the western depressional area does not overflow to the eastern depressional area (or any other outfall) in the 100 year storm, the tributary acreage must be excluded from the allowable release rate. Response (August 8, 2016)1 Based on the analysis outlined within the above response (Comment No. 2), the eastern depressional area does not overflow during the critical duration 100-Year Storm Event. Therefore, the tributary acreage shall be excluded from the allowable release rate for the onsite development. Per a phone conversation with Manhard Consulting and HR Green on August 2, 2016, the onsite allowable release rate shall be calculated as follows: ■ Existing Conditions Tributary Area to Depression (ONSITE ONLY) = 3.05 Ac. ■ Proposed Conditions Tributary Area = 7.00 Ac. (TOTAL) ■ Per H.R. Green, the tributary acreage must be excluded from the allowable release ■ 7.00 Ac. — 3.05 Ac. = 3.95 Ac. (To Calculate Allowable Release Rate) ■ 3.95 Ac, X 0.15 CFS = 0.59 CFS Note: Refer to the Existing and Proposed Drainage Condition Exhibits provided with the Preliminary Stormwater Report for clarification. OK. 4. The outlet pipes for the surface basins should be set 1' above the invert of the basins to compensate for the existing condition onsite infiltration. The bottom should be treated as a rain garden and the volume may be counted toward the depressional storage requirement. Response (August 8, 2016): All outlet pipes will be designed during the Final Engineering Phase of development. At that time, all rain gardens Page 8 Mr. Douglas P. Martin Heidner Properties Subdivision (86160287) October 10, 2016 HRGreen and bio-infiltration facilities will be coordinated with the Final Landscape Plans. OK, to be evaluated as part of Final Engineering review. 5. A previous email transmittal regarding this site suggests that there are no offsite areas. We disagree with this conclusion in the following areas: a. There are back yards that appear to be tributary along the northern edge of the property. It appears along the eastern half of the property it would be appropriate to have a swale along the lot line to direct this flow to the Chapel Hill Road right-of-way. Response (August 8, 2016): The Existing Drainage Conditions Exhibit confirms that the back yards are tributary to the property, and this area has been included in the existing conditions analysis. At this Preliminary Design Phase, the offsite tributary area has been routed through the proposed detention basin as "Offsite Bypass Flow". However, implementation of a bypass swale will be further examined during the Final Design Phase. OK, to be evaluated as part of Final Engineering review. b. Along the western half there is a lower area that is tributary to the western depressional area and therefore should be considered in the depressional storage calculation and routed to the north detention basin in the proposed condition. Response (August 8, 2016): An additional topographic survey was performed by Vanderstappen Land Surveying, Inc. (7/22/2016) to better understand the drainage characteristics of the offsite property. The information is depicted on the Existing Condition Drainage Exhibit for further clarification. OK, to be further evaluated as part of Final Engineering review. c. County Lane is indicated by County topography to be a depressional area with an overflow either to Chapel Hill Road or to western back yards described above, or both. Analysis is required to determine the overflow route and if overflow of this depressional area will be tributary to the onsite depressional area. Response (August 8, 2016): An additional topographic survey was performed by Vanderstappen Land Surveying, Inc. (712212016) to better understand the drainage characteristics of the offsite property. The filed information provided confirms that County Lane overflows into the Chapel Hill Road Right -of -Way. This runoff is then collected by a ditch along Chapel Hill Road, and it is ultimately collected by the IDOT Storm Sewer along IL Route 120. The data and overflow point are depicted on the Existing Condition Drainage Exhibit for further clarification. OK, to be further evaluated as part of Final Engineering review. d. Areas of the IDOT right-of-way may be tributary to the site in the existing and/or proposed site conditions. Existing tributary area must be included in the depressional storage calculation. Response (August 8, 2016): Existing tributary areas have been updated with additional topographic information and analysis. This includes portions of IDOT R.O.W. which are shown on the Existing Condition Drainage Exhibit. The existing conditions analysis is a comprehensive examination of the total tributary area. OK, to be further evaluated as part of Final Engineering review. 6. The viability of this site is dependent on discharge to the IDOT storm sewer system at the southeast corner of the property. Given the existing depressional storage area on the site, it is expected that the minimum 4" orifice will be used for discharge from the basin to the IDOT system. Approval from IDOT for this connection and discharge to the IDOT system will be required. Submittal to [DOT should be made as soon as possible since this is critical to the design of the stormwater system. Response (August 8, 2016): Manhard Consulting has had several phone conversations with the Illinois Department of Transportation (IDOT) Hydraulics Department to discuss the project. Prior to Final Engineering, a formal pre -application meeting will be conducted with IDOT to better define the design parameters. OK, while proposed Page 9 Mr. Douglas P. Martin Heidner Properties Subdivision (86160287) October 10, 2016 HHUIOn I stormwater management system, for the most part (except as noted above) appears to work with the current design, the lack of County and State review and approval may cause significant changes to the plans and that system. Submittal to MOT should be made and approval by the County should be provided as soon as possible since this is critical to the design of the stormwater system and the site. TRAFFIC IMPACT STUDY 1. Trip generation numbers are low for Specialty Retail and Coffee/Donut Shop. The report should state why different numbers were assumed. Response: 50% of traffic is already accounted for in the convenience store trip generation number by vehicles using both facilities. This is an accepted practice by IDOT. OK, subject to IDOT approval. 2. Square footage used for calculations is lower than that of plans. Response: This has been addressed and included in the revised Traffic Study. OK, subject to IDOT approval. 3. IL 120 is an SRA route —IDOT may not approve a left turn lane on IL 120 for a commercial entrance which means more left turn vehicles turning off of Chapel Hill Road and the development isn't showing any improvements at this entrance along Chapel Hill, Response: IDOT has preliminarily approved the left turn lane per the IDOT comment letter. OK. 4. Currently, there are no connections shown between commercial businesses. Recommend that this be considered for this site and the adjacent existing development. Response: This has been addressed. . OK, upon approval of Riverside Chocolate Factory and IDOT. All previously listed Final Engineering comments have been omitted from this letter as the developer's engineer's responses indicated that they will only be addressed during Final Engineering Phase. HR Green's reviews are to determine compliance with the municipal Subdivision Ordinance, Zoning Ordinance and State Statute and in a manner consistent with that degree of care and skill ordinarily exercised by Engineers and Surveyors currently practicing under similar circumstances. HR Green's review did not include an examination of submitted documents as to their overall style or presentation, field verification of existing conditions, elevation grades and topography as shown on the plans, and verification of the submittal or the issuance of permits from any other governmental regulatory agency. HR Green disclaims responsibility for any errors or omissions by the design engineer. The developer, their engineer and their surveyor are not relieved of any responsibility for the correctness of the existing field conditions and design of public or private improvements because of our review, or subsequent approval of the plans and specifications by the municipality. The Owner/Developer shall revise plans and resubmit with response letter addressing all of our comments above and include any missing items. I would be happy to meet with any responsible parties to discuss these comments prior to a resubmittal. Page 10 HRGreeIi If you have any comments or questions, you can reach me at 815-579-8346. Sincerely, HR GREEN, INC. Chad J. Pieper, P.E. City Engineer CJP/cmc/ cc: Mr. Jon Schmitt, City of McHenry Mr. Ross Polerecky, City of McHenry Mr. Steve Shanholtzer, P.E., Manhard Consulting Mr. Ralph Stark, HR Green, Inc. Mr. Mike Fischer, HR Green, Inc. Uhrgmhnasldata1861602871DesignlCorrlExternallltr-100616-Rev3_cjp.docx Mr. Douglas P. Martin Heidner Properties Subdivision (86160287) October 10, 2016 Page 11 Traffic Impact Study Proposed Ricky Rockets Fuel Center McHenry, Illinois 1 Prepared For Prepared By F1UA �<e::rg,Lr.dgr.: n,U i-1c„�,i,L•oona,lnr.. I� ' June 21, 2016 Introduction This report summarizes the methodologies, results, and findings of a traffic impact study conducted by Kerug, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) for a proposed Ricky Rockets Fuel Center to be located in McHenry, Illinois. The site, which is currently vacant, is located in the northwest quadrant of the intersection of IL 120 (Elm Street) and Chapel Hill Road. As proposed, the development is to consist of the following: • Fourteen passenger vehicle fiieling positions • Three commercial vehicle fueling positions • A car wash • A convenience store • A 1,200 square -foot coffee/donut store with drive -through facility • 7,200 square feet of commercial space Access to the development will be provided via one firll access drive and one restricted riglrt- in/right-out access drive on IL 120 and one fiill access drive on Chapel Hill Road. The development will include parking for approximately 86 passenger vehicles and four trucks. Cross access is proposed to be provided from the development to the Riverside Chocolate Factory located in the northwest corner of the IL 120/Chapel Hill Road intersection. In addition, the northern Chapel Hill Rill access drive serving the Riverside Chocolate Factory will be eliminated. Figure 1 shows the location of the site in relation to the area roadway system. Figure L shows an aerial view of the site area. A copy of the development plan is provided in the Appendix. The purpose of this study was to examine Uackground traffic conditions, assess the impact that the proposed development will have on traffic conditions in the area, and determine if any roadway or access improvements are necessary to acconmiodate traffic generated by development. The sections of this report present the following: • Existing roadway conditions • A description of the proposed development • Directional distribution of the development -generated traffic C Vehicle trip generation for the proposed development • Future traffic conditions including access to the development • Traffic analyses for the weekday morning, weekday evening, and Saturday midday peak hours • Recommendations with respect to adequacy of the development access system and adjacent roadway network Ricky Rockets Fuel Center 1 ALICHenty, Illinois K �:p,und E ,o aFsa nnoon,tr t \� Pskway 4vc Di Or hMM1�(r/ Ln , LirpGa Rt/ SITE L -4=n Rd Iy c: kdaa Of =L r .�,`� iy .Lfar�S �r ShZR t• G ^ II �, C'nuL'CTF V _ m 14ttl u G. Df Sl"w # Or Uv4cJs Zr yt?rcion, Cr c NflmFic'R P✓at`M To: nlrcay Ortrim a �Crco Ln ., "rc f :n Site Location �.'lfinCT�L Ricky Rockets Fuel Center McHenry, Illinois Pan Narrnc Pak I,it Fiwre 1 /DLO Konlg,Lin dg ren,0'Hara,Aboona,Inc. Aerial View of Site Locatiom Ricky Rockets Fuel Center McHenry, Illinois 3 Y Figure 2 Konig,Ll ndoron,o'Hara,Aboono.inc. �. Existing COIIUILIOJIS Existing transportation conditions in the vicinity of the site were documented based on field visits conducted by KLOA, Inc. in order to obtain a database for projecting future conditions. The following provides a description of the geographical location of the site, physical characteristics of the area roadway system including lane usage and traffic control devices, and existing peak hour traffic volumes. Site Location The site is located in the northwest quadrant of the intersection of IL 120 with Chapel Hill Roach and is currently occupied by a vacant lot. Land uses in the immediate vicinity of the site include a mixture of residential and commercial uses. The site is bounded by the Riverside Chocolate Factory to the east and south, a retail center to the west, Chapel Hill Tire & Automotive to the south, and residential uses to the north. A vacant parcel is located to the south and east. Existing Roadway System Clxaracteristics The characteristics of the existing roadways near the site are described below and shown in Figure 3. IL 120 is generally an east -west, arterial roadway that has two through lanes ur each direction divided by a mountable median. At its signalized intersection with Chapel Hill Road, IL 120 provides an exclusive left -turn lane, a through lane, and a combined through/right-turn lane on both approaches. IL 120 is under the jurisdiction of the Illinois Department of Transportation (IDOT), has a daily traffic volume of 18,500 vehicles west of Chapel Hill Road and 22,800 vehicles east of Chapel Hill Road, is classified as a Strategic Regional Arterial (SRA) route, and has a posted speed limit of 40 miles per hour west of Chapel Hill Road and 45 miles per hour east of Chapel Hill Road. Chapel Hill Road is generally anorth-south arterial roadway that has one through lane in each dlreetr011. At its signalized urtersection with IL 120, Chapel Hill Road provides an exclusive turn lane lane and a shared through/rightAurn lane on the southbound approach and an exclusive left - turn lane, a through lane, and an exclusive rigllt-turn lane on the northbound approach. At its signalized intersection with Lincoln Road, Chapel Hill Road provides an exclusive lefmurn lane, a through lane, and an exclusive right -turn lane on both the northbound and southbound approaches. At its unsignalized intersection with River Road, Chapel Hill Road provides a through lane and an exclusive right -turn lane on the southbound approach and an exclusive left -turn lane and a through lane on the northbound approach. Chapel Hill Road is classified as a principal arterial south of IL 120 and as a minor arterial north of IL 120. Chapel Hill Road is under the jurisdiction of the McHenry County Division of Transportation, carries a daily volume of 11,700 vehicles, and has a posted speed limit of 40 miles per hour north of IL 120 and 55 miles per hour south of IL 120. Ricky Rockets Fttel Center McHenry, Illinois � �� 1� - - --�(emgt'ndgreme+lare,Aboonrin� N 45 NOT TO SCALE .1 �. .s. 20 :— LINCOLN -Q - - ROAD r �t� 45 m LEGEND -► -TRAVEL LANE - TRAFFIC SIGNAL - STOP SIGN XX - SPEED LIMIT ZD - SCHOOL SPEED LIMIT SIGN PROJECT: TITLE: �` /UOA has Station Existing Roadway Characteristics Job No: 16.062 McHenry, Illinois Figure: 3 Lincoln Road is an east -west roadway that has one lane in each direction. At its signalized intersection with Chapel Hill Road, Lincoln Road provides an exclusive left -turn lane and a combined through/right-turn lane on both the eastbound and westbound approaches. Lincoln Road is classified as a minor arterial west of Chapel Hill Road and as a major collector east of Chapel Hill Road. Lincoln Road has a daily volume of 6,500 vehicles and a posted speed limit of 40 miles per hour west of Chapel Hill Road and 45 miles per hour east of Chapel Hill Road. River Road is generally a souutheast-to-northwest in arterial roadway that has one through lane in each direction. At its unsignalized intersection with Chapel Hill Road, River Road provides an exclusive left -turn lane and an exclusive right -turn lane that are under stop sign control. River Road has a daily volume of 8,500 vehicles and a posted speed limit of 35 miles per hour. Existing Traffic Volumes h order to determine current traffic conditions in the vicinity of the site, KLOA, Inc, conducted peak period traffic counts at the following intersections. IL 120 with Chapel Hill Road Chapel Hill Road with River Road e Chapel Hill Road with Lincoln Road The traffic counts were conducted on Wednesday, March 2, 2016 during the morning (6:00 to 9,00 A.M.) and evening (3:00 to 6400 P.M.) peak periods and on Saturday, February 27, 2016 during the midday (11:00 A.M. to 2:00 P.M.) peak period. The results of the traffic counts showed that the weekday morning peak hour of traffic occurs from 7:00 to 8:00 A.M., the weekday evening peak hour of traffic occurs from 4:45 to 5945 P.M., and the Saturday midday peak hour of traffic occurs from 12:00 to 1:00 P.M. Figure 4 illustrates the existing peak hour traffic volumes and summaries of the traffic counts are provided in the Appendix. Ricky Rockets Friel Center li�IcHenry, Illinois -- - - 6 Kenig,L6idgren.0'Hara,A600na,lnc,., PROJECT: Gas Station McHenry, Illinois TITLE: N •N• T �o OOOMW alb 113 (92) [831 --► 83 (28) 1511 M r-� Q C5 N� � •N• u u h- O ty lP O CON `^ 00 co CDP QI NI 7972 �139) �47 '1181 .A 10 1381 1g? Z N NOT TO SCALE �-3(101[21 r— 100 (111) (1151 214 (157) [1041 COLN SAD LEGEND 00 - AM PEAK HOUR (7:00-8:00 AM) (00) - PM PEAK HOUR (4:45-5:45 PM) [001 - SATURDAY MIDDAY PEAK HOUR (12:00-1:00 PM) /KLOW Existing Traffic Volumes Job No: 16-062 Figure: 4 7 Traffic Characteristics of the Proposed Development In order to properly evaluate fiihlre traffic conditions in the surrounding area, it was necessary to determine the traffic characteristics of the proposed development, including the directional distribution and volumes of traffic that it will generate. Proposed Development Plan As proposed, the plans call for developing the site to provide a filel center with 14 passenger vehicle fueling positions, three commercial vehicle Rieling positons, a car wash, a convenience store, a 1,200 square -foot coffee/donut store with drive -through facility, and 7,200 square feet of commercial space. Parking will be provided for 86 passenger vehicles and four trucks. Access to the development will be provided via the following three access drives. • The IL 120 full access drive is proposed to be located on the north side of the road approximately 750 feet west of Chapel Hill Road. This access drive will provide one inbound lane and two outbound lanes striped for an exclusive left -turn lane and an exclusive right -turn lane. The outbound movements will be under stop sign control. The access drive has been designed to acconmiodate turning buck traffic. Inbound left -turn movements to the development are proposed to occur via a proposed left -morn lane to be provided within the IL 120 median. o The IL 120 right-inn/right-out access drive is proposed to be located on the north side of the road approximately 400 feet west of Chapel Hill Road. This access drive will provide one inbound lane and one outbound lane that will be channelized via a median to prohibit left - turn movements, The outbound lane will be under stop sign control and the appropriate signage and striping should be provided indicating that left -turn movements are prohibited. • The Chapel Hill Road access drive is proposed to be located on the west side of the road approximately 450 feet north of IL 120 and will provide fiill access to the development, This access drive will provide one inbound lane and two outbound lanes that will be striped for an exclusive left -turn lane and an exclusive right -turn lane. The outbound lanes will be under stop sign control. Cross access is proposed to be provided between the development and the Riverside Chocolate Factory located in the northwest corner of the IL 120/Chapel Hill Road intersection. In addition, the northern Chapel Hill Road frill access drive serving the Riverside Chocolate Factory will be eliminated. Directional Distribution of Site Traffic The directions fi•onn which vehicles will approach and depart the development were estimated based on the existing travel patterns, as determined from the traffic counts. I+'ignu•e 5 and Table 1 illustrate the directional distribution. _ _Ricky Rockets Fttel Cef�ter• - li�IcHe»ty, Illinois aKenl9,Lindgren,0'Hara,Ahoona,inc. 30% �� O .--� NOT TO SCALE 5% ..---► i �� S��E i ' � _. CHA�OAD lLL 5% ~` LINCOLN i -� - --- —ROAD -J .-, � LEGEND 00% -PERCENT DISTRIBUTION 00' -DISTANCE IN FEET PROJECT: TITLE: �� Gas Station ��1;� �stimatecJ Directional Distribution Job No: 16-062 McHenry, Illinois Figure: 5 Table 1 DIRECTIONAL DISTRIBUTION Direction Percent To and from the north on Chapel Hill Road 20% To and from the east on IL 120 30% To and from the south on Chapel Hill Road 20% To and from the west on IL 120 30% Total 100% Estimated Development Traffic Generation The number of passenger vehicle peak hour trips estimated to be generated by the proposed development was based on the rates contained in Trip Generation 1Vlanual, 9"' Edition, published by the Institute of Transportation Engineers (ITE). Given the limited traffic generation data available for fuel stations specific to trucks, the number of truck peak hour trips estimated to be generated by the commercial vehicle fueling positions was based on previous data from other gas stations with commercial vehicle fueling positions throughout Illinois. It is important to note that surveys conducted by ITE have shown that approximately 60 percent of trips made to gas stations are diverted from the existing traffic on the roadway system, Such diverted trips are referred to as pass -by traffic. As a result, a 60 percent pass -by reduction was applied to the trip generation estimates for the fueling center. Table 2 illustrates the peak hour traffic estimated to be generated by the development. Ricky Rockets Ftrel Center 1LIcHenry, Illinois 10 Kenig,Lindgran,O'Hara,Aboona,inc. a,VLA Table 2 DEVELOPMENT -GENERATED TRAFFIC VOLUMES ITE Weekday Morning Weekday Evening Saturday Midday Land- Peak Hour Peak Hour Peak Hour Use Type/Size In Out Total In Out Total In Out Total Code 946 Gasoline/Service Station with Convenience Market and Car Wash 85 81 166 99 95 194 136 133 269 (14 fueling positions) Commercial Vehicle Fueling Stations 12 12 24 12 12 ?4 12 12 24 (three stations) Subtotal 97 93 190 111 107 218 148 145 293 Pass -By Trip Reduction (60 percent) �57 -57 414 -65 -65 -13048 Fuel Center Total 40 36 76 46 42 88 60 57 117 826 Specialty Retail (7,200 s.f.) 3 3 6 16 20 36 14 14 28 936 Coffee/Donut Storer (1,200 s.f.) 33 32_ fi5 1_1 1_l 26 J 9 2� 40 Total New Development Trips Generated 76 71 147 75 75 150 93 92 185 Ricky Rockets Fuel Center McHenry, Illinois 11 Development Traffic Assignment The estimated new peak hour trips that will be generated by the proposed development were assigned to the roadway system in accordance with the previously described directional distribution. Figure 6 illustrates the new peak hour traffic assignment. Figure 7 shows the pass - by traffic assignunent. Regional Traffic Growth To account for the increase in existing traffic related to regional grotivth in the area (i.e. not attributable to any particular planned development) for Year 2022 conditions, the existing traffic volumes were increased by a total of 12 percent. Projections provided by the Chicago Metropolitan Agency for Planning (CMAP) ui a letter dated April 27, 2016 indicated that the area roadways are oj prected to experience less than a one percent per year growth in traffic. However, to provide a conservative, worst -case analysis, a two percent per year growth factor was assumed for this study. A copy of this letter is included in the Appendix of this report. Total Projected Traffic Volumes The background traffic volumes were combined with the development -generated traffic volumes to obtain projected Year 2022 total traffic volumes, illustrated in Figure 8. RickyRockets Fttel Center• McHenry, Illinois Kenlg,Lindgren,O'Hara,Aboona,lnc. L 12 - - _ - - - 3 c4I [5l -�. oQ i.. N pp M .M. M � h M i L IB I101 [12] � � 23 t22► [29] � '�'� «21 lql�`�� IB �� h'ti 1p'1 �,`1ti�, �` O ,� ' �� e � _ � r-i .--. . u u u� i SITE ��,�rRi �. — —ROAD io �1�1�2j -� 11 tlq� � N NOT TO SCALE r LINCOLN ---- -- --- --- ROAD t alma, Q M GOM �I 9 '.� R/ ti 9J ,� �� 4 I v _� LEGEND _, n. -PROPOSED STOP SIGN 00 - AM PEAK HOUR (7:00-8:00 AM) (00) - PM PEAK' HOUR (4:45-5:45 PM) [007 - SATURDAY MIDDAY PEAK HOUR (12:00-1:00 PM) PROJECT: Gas Station McHenry, Illinois TITLE: >�� Estimated Site -Generated Traffic Volumes Job No: 16-062 Figure: 6 13 l� �� u u .... � .- i � � t--- 25 tl8) [23] 41 (4U t551 -�' 1018 1761) [8961 - PROJECT: V `� Hr� -'1 ' �'� t is �381 tgB1 _,�1 C9p9I '`�'Q 'h1 a�ti1 �� tti� �o /j99jrs�`� �''�� ,! �' �� Gas Station McHenry, Illinois p N 1� M u u �`° m r- m TITLE: 4l t931 [73l -} 96 t351 [62] �, CHP_-P�-OAD ILL.. NOT TO SCALE t--� 3 111) [2] 4— 112 I1241 [1291 ,F— 243 t180) [1221 __ LINCOLN ROAD �rr� r..-, u M .�-. � ti � � V1 CV �o� N "" 'V' Mu u � N � m N a0 4��1,1 21 t25) [32] � `� t 18 l21) [28] --� M � N" u ti �ti t0 � �, Q' t� 9 i � �! 8�� 25�'t�� 2� Bpi ?j NTQ +n_ n_ Q � t`- � � N N N tt7 � N � LEGEND -PROPOSED STOP SIGN 00 - AM PEAK HOUR (7:00-8:00 AM) t00) - PM PEAK HOUR (4:45-5:45 PM) [00] - SATURDAY MIDDAY PEAK HOUR (12:00-1:00 PM) �.-� Year 2022 Total Projected �®�~��` Traffic Volumes Job No: 16-062 Figure: 8 l� Traffic Analysis Roadway and adjacent or nearby intersection analyses were performed for the weekday morning, weekday everting, and Saturday midday peak hours for the existing (Year 2016) and total projected Year 2022) traffic volumes. The traffic analyses were performed using the methodologies outlined in the Transportation Research Board's Highivay Capacity Manual (HU11), 2010 and analyzed using the HCS 2010 software. The analysis for the traffic -signal controlled intersections were accomplished using actual cycle lengths, phasmgs, and offsets to determine the average overall vehicle delay and levels of service, The analyses for the unsignalized intersections determine the average control delay to vehicles at an intersection, Control delay is the elapsed time from a vehicle joining the queue at a stop. sign (includes the time required to decelerate to a stop) until its departure from the stop sign and resumption of free flow speed. The methodology analyzes each intersection approach controlled by a stop sign and considers traffic volumes on all approaches and lane characteristics. The ability of an intersection to accommodate traffic flow is expressed in terms of level of service, which is assigned a letter from A to F based on the average control delay experienced by vehicles passing through the intersection. The HCA/I definitions for levels of service and the corresponding control delay for signalized intersections and unsignalized intersections are included in the Appendix of this report. Summaries of the traffic analysis results showing the level of service and overall intersection delay (measured in seconds) for the existing and projected Year 2022 total traffic volumes are presented in Tables 3 and 4, respectively. In addition, summaries of the 95"' percentile queues for the existing and projected Year 2022 total traffic volumes are provided in Tables 5 and 6, respectively. A discussion of the intersections follows, Summary sheets for the capacity analyses are included in the Appendix. Ricky Rockets Fuel Centel• lYIcFlenry, Illinois 10 Kenig,Lindgren,O Plara,Aboone,lnc, 1--- Table 3 CAPACITY ANALYSIS RESULTS - EXISTING CONDITIONS Weekday Weekday Saturday Morning Evening Midday Peak Hour Peak Hour Peak Hour Intersection LOS Delay LOS Delay LOS Delay IL 120 with Chapel Hill Road' • Overall • Eastbound Approach • Westbound Approach • Northbound Approach • Southbound Approach Chapel Hill Road with Lincoln Road' • Overall • Eastbound Approach e Westbound Approach • Northbound Approach • Southbound Approach Chapel Hill Road with River Road2 • Eastbound Approach • Northbound Lefts LOS = Level of Service Delay is measured in seconds. 1 - Signalized Intersection 2. Unsignalized Intersection C 32.9 D 37.9 C 25.0 C 34.1 C 26.0 B 16.8 C 23.9 D 42.7 B 18.2 C 31.9 D 40.6 D 40.0 D 40A C 34.2 D 37.5 C 21.3 B 17.6 B 16.0 C 32.3 C 24.8 C 25.8 C 22.7 C 28.0 C 24.5 B 14.6 B 14.5 B 11.6 B 20.7 B 1195 B 11.7 C 15.1 B 14.1 B 12.5 A 9.3 A 9.1 A 8.6 R�,i�cky Rockets Fuel Center• _ _ _- 1V11, 2i17 y1Y1013 17 Kenig,Lindgro n,0'Hara,Aboona,lnc. Table 4 CAPACITY ANALYSIS RESULTS - YEAR 2022 PROJECTED CONDITIONS Weekday Weekday Saturday Morning Evening Midday Peak Hour Peak Hour Peak Hour r T nc nAnv T.n.q Delav LOS Delay IL 120 with Chapel Hill Road' • Overall D 4205 D 47.1 C 26.5 Eastbound Approach D 53,5 C 34.5 C 2099 Westbound Approach C 29.2 D 52A C 2562 • Northbound Approach C 3147 D 47.6 C 26.5 Southbound Approach D 4802 D 46.8 D 39.6 Chapel Hill Road with Lincoln Road' • Overall C 25.1 B 19.7 B 16.8 e Eastbound Approach C 34.1 C 25.8 C 26.5 • Westbound Approach C 22.9 C 34.1 C 25.2 Northbound Approach B 16.8 B 16,0 B 12.4 • Southbound Approach C 29.3 B 1291 B 12.6 Chapel Hill Road with River Road2 • Eastbound Approach C 17.3 C 17.5 B 14.2 o Northbound Lefts A 9.7 A 997 A 8.9 IL 120 with Full Access Drivel • Southbound Approach C 18.3 E 46.2 D 27.5 ® Eastbound Lefts A 9.2 B 14,1 B 10,8 IL 120 with Right-Ii-/Right-Out Access Drivel Southbound Approach B 10.6 C 16.1 B 12,5 Chapel Hill Road with Access Drivel • Northbound Lefts A 9,8 A 8.6 A 8.7 ® Eastbound Approach C 24,9 D 27.5 C 2043 LOS = Level of Service; Delay is measured in seconds. l - Signalized Intersection 2 - Unsignalized Intersection Ricky Rockets Fuel Center McHenry, Illinois 18 Kenlg,Lindgren,0'Haia,A600na,lnc. Table 5 95T11 PERCENTILE QUEUE LENGTHS — EXISTING CONDITIONS. Operating Conditions by Approach Intersection Peak Hour Eastbound Westbound Northbound Southbound L T R L T R L T R L T R IL 120 and Chapel Hill Road AM 53 382 370 126 218 205 16 235 165 159 542 PM 103 222 214 137r60 669 42 453 199 86 325 SAT 58 205 204 63 258 25 262 161 106 311 Chapel Hill Road and Lincoln Road AM 21 166 133 37 92 66 3 245 40 PM 46 78 38 20 229 81 2 83 23 SAT 34 88 56 72 16 122 48 1 38 27 Chapel Hill Road and River Road AM 0 18 8 PM 3 25 15 SAT 3 23 13 Queue length measured in feet. L = LeftJurn Lane T = Through Lane R = Right -Turn Lane or Through/Right-Turn Lane Ricky Rockets Ftrel Center• _- �IcHei�ry, Illinois Kenig,Lindgren,O'Hara,Aboona,lne. t'_1 Table 6 QS rH nFu rFNTTf .F. OT IF.r 1F. T.RNCTTNS — PROJECTED CONDITIONS Intersection Peak Hour Operating Conditions by Approach Eastbound Westbound Northbound Southbound L T R L T R L T R L T R IL 120 and Chapel Hill Road AM 67 539 520 167 267 251 24 271 1183 175 669 PM 201 256 245 147 852 847 55 565 J217 121 392 SAT 54 203 201 52 274 265 18 196 94 57 296 Chapel Hill Road and Lincoln Road AM 23 195 154 64 46 117 83 4 330 50 PM 52 93 82 89 24 271 104 2 99 26 SAT 39 104 68 81 20 148 57 1 119 32 Chapel Hill Road and River Road AM 3 25 10 PM 8 35 1 18 SAT 8 30 15 Access Drive and Chapel Hill Road AM 13 5 3 PM 18 3 3 SAT 15 5 3 Full Access Drive and IL 120 AM 3 18 3 PM 8 48 3 SAT 8 35 3 Right-In/Right- Out Access Drive and IL 120 AM 3 PM 8 SAT 5 Queue length measured in feet. L = Left -Turn Lane T = Through Lane R = Right -Turn Lane or Through/Right-Turn Lane Rrcky Rockets F1tel Center McHenf y, Illinois 20 Kenig,Lindgren,0'Hara,Aboona,lnc.. Discussion and Recommendations The following summarizes how the intersections are projected to operate and identifies any roadway and traffic control improvements necessary to accommodate the development traffic. IL 120 iviilt C/lapel Hill Rorrd The results of Lite capacity analysis indicate that this signalized intersection currently operates at an overall Level of Service (LOS) C during the weekday morning and Saturday midday peak hours and a LOS D during the weekday evening peak hour. Assuming the projected Year 2022 traffic volumes, the overall intersection is projected to operate at a LOS D during the weekday morning and evening peak hours and a LOS C during the Saturday midday peak hour. Furthermore, all of the intersection approaches currently and are projected to continue to operate at an acceptable level of service during the peak hours. The 9511' percentile queues for the eastbound approach at this intersection are projected to be a maximum of approximately 520 feet which will not extend to the proposed IL 120 full access drive. Further, the projected 95"' percentile queues for the left4urn movements will not exceed the existing left -turn lanes. As such, the intersection has sufficient reserve capacity to accommodate the total projected Year 2022 total traffic volumes. Chapel Hill Roarl with Lirrcolr: Road The results of the capacity analysis indicate that this signalized intersection currently operates at an overall LOS C during the weekday morning and evening peak hours and a LOS B during the Saturday midday peak hour. Assuming the projected Year 2022 total traffic volumes, the overall intersection is projected to continue operating at a LOS C during the weekday morning and evening peak hours and a LOS B during the Saturday midday peak hour. Furthermore, all of the intersection approaches currently and are projected to continue to operate at an acceptable level of service during the peak hours. As such, the intersection has sufficient reserve capacity to accommodate the projected Year 2022 total traffic volumes. Chapel Hill Road and River Road The results of the capacity analysis indicate that the critical approaches and movements at this stop sign controlled intersection currently operate at a LOS C or better during the weekday morning peak hour and a LOS B or better during the weekday evening and Saturday midday peak hours. Assuming the projected Year 2022 traffic volumes, the critical approaches and movements are projected to continue to operate at an acceptable level of service during the peak hours. As such, the intersection has sufficient reserve capacity to accommodate the projected Year 2022 total traffic volumes. Ricky Rockets I'r�el Centel• 11�IcHenty, Illinois 21 Ken ig,Lin d9ren,00Hara,Aboona. Inc. IL lzu with Proposed FttllAccess Drive The IL 120 frill access drive is proposed to be located 750 feet west of Chapel Hill Road and will provide one inbound lane. and two outbound lanes striped for an exclusive right -turn lane and an exclusive left -turn lane. The outbound movements will be under stop sign control. As part of the development, the IL 120 median is proposed to be modified to provide an approximate 185-foot eastbound left -turn lane and 20046ot taper serving the proposed access drive. A sight distance study conducted along IL 120 and provided in the Appendix shows that the location of the full access drive exceeds the intersection sight distance requirements for passenger vehicles, single ,unit trucks, and seini-trailers. The results of the capacity analysis indicate that the access drive approach is projected to operate at a LOS C during the morning peak hour, at a LOS E during the weekday evening peak hour, and at a LOS D during the Saturday midday peak hour. The outbound left -turn movement is projected to operate at a poor level of service during the peak hours. This is due to the higher volume of traffic on IL 120 and the reduced number of gaps. The traffic will be able to exit onto IL 120 but may experience some additional delay. This is conu-non. for stop sign controlled intersections along major roadways. IL 120 uvitk Proposed Rigl:t-I�t/Right-OtttAccess Drive The IL 120 right-in/right-out access drive is proposed to be located 400 feet west of Chapel Hill Road and will provide one inbound lane and one outbound lane with outbound movements under stop sign control. The access drive will permit inbound and outbound right -turn movements only via a channelized median and appropriate signage and striping. The results of the capacity analysis indicate that the outbound lane is projected to operate at a LOS B during the weekday morning and Saturday midday peak hours and LOS C during the weekday evening peak hour. Cltapel Hill Rorrrl tviik Proposed Access Drive The Chapel Hill Road access drive is proposed to be located 450 feet north of IL 120 and will provide one inbound lane and two outbound Ianes that will be striped for an exclusive left -turn lane and an exclusive right -tun lane with outbound movements under stop sign control. The results of the capacity analysis indicate that the proposed access drive approach is projected to operate at a LOS C during the weekday morning and Saturday midday peak hours and LOS D during the ,veekday evening peak hour. Further, the inbound left -turn movement is projected to operate at a LOS A with a 95"' percentile queue of one vehicle. Ricky Rackets Fuel Center McHetvy, Illinois 22 Kenig,Lindgren,0'Hara,Aboana,lnc. i -1 No separate left-tur n lane is proposed to be provided on Chapel Hill Road serving the access drive. However, the taper and approach median for the southbound leftAurn lane on Chapel Hill Road at IL 120 extends past the location of the access drive and can accommodate one to two passenger vehicles. The results of the capacity analysis have shown that the projected queue of the inbound left -turn movement is one vehicle. As such, the existing median should be sufficient to accommodate the unbound leftAurn movements. Nevertheless, the southbound left -turn lane on Chapel Hill Road at IL 120 is approximately 210 feet long with a 180400t taper. The results of the capacity analysis show that the left -turn lane is projected to have a 95`1' percentile queue of 175 feet, As such, consideration should be given to reducing the left lane and/or taper by approximately 25 to 30 feet so that the median in front of the proposed access drive can be extended to accommodate an additional vehicle. Ricky Rockets Fuel Center �t�fc.Henr y, Illinois 23 Kenig,Lindgren,0'Hara,AboonaoilI e—i Conclusion Based on the proposed development plans and the preceding traffic study, the following conclusions are made: The total number of trips generated by the development will be reduced as a large percentage of trips generated by fueling centers are pass -by trips. All of the intersections are currently and projected to continue to operate at acceptable levels of service under future conditions taking into account background growth and the proposed development traffic. As such, these intersections have sufficient reserve capacity to acconunodate the development -generated traffic. The IL 120 fill access drive is proposed to be located 750 feet west of Chapel Hill Road and will provide one inbound lane and two outbound lanes striped for an exclusive riglit- turn lane and an exclusive left -turn lane. As part of the development, the IL 120 median is proposed to be modified to provide an approximate 185400t eastbound left -turn lane and 200400t taper serving the proposed access drive. A sight distance study conducted along IL 120 shows that the location of the access drive exceeds the intersection sight distance requirements for passenger vehicles, single tunit trucks, and semi -trailers. The movements to/from the IL 120 frill access drive are projected to generally operate at a good level of service. o The IL 120 right-in/righi-ouY access drive is proposed to be located 400 feet west of Chapel Hill Road and will provide one inbound lane and one outbound lane with outbound movements under stop sign control. The access drive will permit inbound and outbound right -turn movements only via a chrannelized median and appropriate signage and striping. The outbound movement from this access drive is projected to operate at a good level of service. The Chapel Hill Road access drive is proposed to be located 450 feet north of IL 120 and will provide one inbound lane and two outbound lanes that will be striped for an exclusive left -turn lane and an exclusive right -turn lane. The outbound movements will be under stop sign control. The critical movements from this access drive are generally projected to operate at a good level of service. The taper and approach median for the soutlrbound left - turn lane on Chapel Hill Road at IL 120 extends past the location of the access drive and can acconunodate one to two passenger vehicles waiting to make a left turn into the site. With a projected maximum queue of one vehicle, the existing median should be sufficient to accommodate the inbound left -turn movements. Nevertheless, consideration should be given to reducing the left lane and/or taper by approximately 25 to 30 feet so that the median in front of the proposed access drive can be extended to accommodate an additional vehicle. KLAMRicky Rockets Fuel Center a McHenry, .Illinois 24 Kenig,Lindgren,0'Nara,Aboona,Inc. L� Cl!/.IAP Traffic Projections 'Traffic Count Summary Sheets Site Plan Level of Service Criteria Capacity Analysis Summary Sheets Sight Distance Study � � �' r ' �: _ - - � - _- �s L`•, 6°Hera atbnr�na Ina. - - 1��sni�, Ltndpren, , , 4S7� t�Ves�. �iia�?ns Zead. Buie 4CC ; ?cseironi, Illinois �C0:3 c: 0<<7•� ; 3-9440 � f: 'u<<7 •� l u-S4t3'7 April 2bt1i, 2016 Mr. Jose Rodriguez Senior Pla►uier, Research &Analysis Attn: Traffic Projections Chicago Metropolitan Agency for Pla>uiing (CMAP) 233 South Wacker Drive, Suite 800 Chicago, IL 60606 Re: Year 2022 Traffic Projections, IL 120 and Chapel Hill Road, McHeiu•y, Illinois Dear Mr. Rodriguez: Kemg, Lindgren, O'Hara, Aboona, Inc. (KLOA, hic.) respectfizlly requests Year 2022 traff c projections for the following intersections in Chicago, Illinois. a Chapel Hill Road with: o Lincoln Road o IL 120 (Elm Street) o River Road Based on information provided on IDOT's website, the ADT is as follows: e Chapel Hill Road—11,700 • Lincoln Road — 6,500 IL 120 — East of Chapel Hill: 18,500 West of Chapel Hill: 22,800 • River Road — 8,500 This information is for a traffic shady we are conducting for a gas station in the northwest quadrant of the IL 120 and Chapel Hill Road intersection in McHeiuy, Illinois. If you have any questions about this request, please do not hesitate to call me or e-mail the at nbutler@kloainc.coni. Thank you! Sincerely, �� Nicholas J. Butler Consultant Ki.flA. Tnr. -'.a,��r•�,�::..,, : nri ?^r'c:�,c ''nn-ina !'n,:4 nn e Chicago Metropolitan Agency for Planning Nicholas Butler Consultant Kenig, Lindgren, O'Hare, and Aboona, Inc. 9575 West Higgins Road Suite 400 Rosemont, IL 60018 Subject: C'Itapel Hill Road frost Litrco(tr Road to Rivet• Road IDOT Dear Mr. Butler: 233 out Wacker Drive Suite 800 Chicago. Illinois 60606 312 454 0400 wv+w.cmap.illinois.gov April 27, 2016 In response to a request made on your behalf and dated Apri126, 2016, we have developed year 2022 average daily traffic (ADT) projections for the subject location. ROAD SEGMENT Year 2040 ADT Chapel Hill Rd from Lincohi Rd to River Rd Liucohi Rd 123900 63900 IL 120 west of Chapel Hill Rd IL 120 east of Chapel Hill Rd 25,400 225300 River Rd 85700 Traffic projections are developed using existing ADT data provided in the request letter and the results from the March 2016 CMAP Travel Demand Analysis. The regional travel model uses CMAP 2040 socioeconomic projections and assumes the implementation of the GO TO 2040 Comprehensive Regional Plan for the Northeastern Illinois area. If you have any questions, please call me at (312) 386-8806. Sincerely, Jose Rodriguez, PTP, AICP Senior Plainer, Research & Analysis cc: Fortmann QDO"[) S:\AdminGroupsUtesearchAnalysis\SmallArea rraftSeForeeasts_CYt 6�IvicHenry�mc-06-161mc-06-16.docs EASTWOOD MANOR r17� e UNIT No. 2 TI i i —, TI I I I L J I I L J LJ I I —LAND-- r —BANKED. I L J ❑ PARKING ' I I u I I II { J p i LIE RETAIL CENTER 8,400 SF 111,173 + Sq.Ft. O 7 7 O PROPOSED SIGN — REFERS TO SIGNAGE PLAN (TYP.) i \ EASTWOOD MANOR UNIT No. 1 L / 22#,788t Sq.Ft. 5.1E ACRES h 1r I I L— r---1 �-j \ L—L III icyV Cp N B4po S STORP —_-- __--_---_—__— PROPOSED LEFT TURN LANE_ -- -- 1 -- -_ -- imammaim 0 PARKING DATA REQUIRED PARKING STALLS PROVIDED STALLS LOT (FUELING STATION) RO CAR WASH 1 PER EMPLOYEE ®2 EMPLOYEES = 2.0 \�` '�o•C 7RO RIGNr� CONVENIENCE STORE 4 PER 1000 S.F. ® 8,400 (0.85)" S.F. = 26.6 �a `� \�, _�� RN �Ne RETAIL (RESTAURANT) 25 PER 1000 S.F. ® 1,800 (0.85) S.F. = 38.3 �.� �,\ LOT 1 TOTAL = 69 86'N \ \ ` o \ jOp„ LOT 2 (RETAIL CENTER) BUILDING DATA \\ \� �� RIGHT rb RETAIL 4 PER 1000 S.F. ® 3,300 (0,85) S.F. = 11.2 EAT W RESTAURANT 1 25 PER 1000 S.F. ®2,100 (0.85) S.F. = 44.6 RETAIL CENTER (WEST) 8,400 S.F. \ ~�C EAT IN RESTAURANT 2 25 PER 1000 S.F. 01,200 (0.85) S.F. = 25.5 RETAIL (EAST) 1,800 S.F. �\ DRIVE IN RESTAURANT 15 PER 1000 S.F. ® 1,800 (0.85) S.F. = 23.0 CONVENIENCE S70RE 8,400 S.F. " .�\�1114 " �i CAR WASH 4,900 S.F.S�M1 SUB TOTAL = 105 59 N \ �� a LANDBANKED PARKING FOR LOT 2 DRIVE IN RESTAURANT 47'n S LOT 2 TOTAL = 105 FLOOR AREA IS CALCULATED AS 859 OF GROSS AREA TOTAL SITE = 174 INCLUDES TWO STALLS FOR EACH GASOLINE FUENNG ISLAND am 4m (14 TOTAL) FACTORS IN 4 SPACES REMOVED FOR LANDBANIKED PARKING DRIVEWAY INCLUDES 8 HG STALLS — ODES NOT IUCl l,nr A i iiry cre„ c SITE 1 \ \\ EXI6\TING 4 RIVERR$$IOE FHOCOpATE `AvT�RY 106 DATA GRAPHIC SCALE ' SITE AREA 335,967 S.F. (7.71 ACRES) 192L"' LOT 1 AREA 224,788 S.F. (5.16 ACRES) LOT 2 AREA 111,179 S.F. (2.55 ACRES) � E%ISTING ZONING 0-5 ( w FEM) \ L n 40 n. SIGN` REF9R TO PLAIN (TYF u �\of - \ \ \ \ ��' '+ \ l_ --- — -- ---- \\�\ + / O O I + II bF OF FIF IF mm IF O OF OOFF O WF IF O > > r r r r rFr O'• j r ;i N ")��., —T / + W\ o o ® + �_. Y Eveig2en h b O__ OmameMel� ss typ "- QDeciduous sh b; typ. _ _ Pallo Area / / _ O + / \ / / 4 o e yiy tI _ — / J.' 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M Route u Wq oaa Imorm m " cat HIS Root Rtrt acmm to a fiam Mew IY Xlybeq bitter o•.bnmmMb Potmtl mob-ce IhI my anw and wentaa mot umrmit be am,ed note mahro,'my a past of u2lvuy C meby paler made to mY a� Immance. d frwn U• CwnlY FngNeer N HInHwAYNoiE: m aQada,ae NM rnapta 5os, Mt S s•auen g—nsa of M• wnm• xlg:my teas, n b valaural ra am perm m canawat a n,a.• m b• amewataa aay dalloge foGlity rot Uc purpme of defenMon err retention of rota MUM a Anfmce •f 10 feet pat+• ales •led me hdf tlmea Me depM of my dr•n•g• f•di,ysadp0 M eI gh ay mil my of having W61k hign no Me p the highway, bn err Me person atUmity ct, o yn•dcMon me Me puhge y auoy. n •e uN•xN far try person to wnbarm l mice to be mncwcted M eorMm bnm arch Uof m foe or high bem: WI he nema Iha: mi feat to the 'gfil-of-my of hriag) hdidim off MetheMe publk Algheof: Thb�t�m han opprored by Me pMoo Oeperhnnt of Tim adallon •IM yaavmt M Ptrcycpl 2 of'M Ml to raxm W im .e4 ao naY aaem A Pm Mat mob Me reytrnmM embned �e• OR°dmm!'e'Pa'Iry m Permna M I+ws Ihfm^oP MIe Wgh•%i • rgai•a nr m. grpadmat ryaly WeM of Hyheop °rsgkn m•rngnaa m>m.e � gaei Mew av ai°ua�� r s� ere°� io baan,n.a m w pat a. •a•moaer ummo,p,t im•mnr m m°a ael""m R.pa,�. ma mr.+•. no.. n. de�tm m .mumme awn .ere m,m�ml ere mr M,.. r� au`R��• �,F.� m M°v a�•,b, u=erormr.r �,°•m,t Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: October 17, 2016 Regular City Council Meeting RE: Development and Economic Incentive Agreement between the City of McHenry Bluestone Single Tenant Properties LLC ATT: 1. Ordinance authorizing the Mayor's execution of a Development and Economic Incentive Agreement between the City of McHenry and Bluestone Single Tenant Properties LLC 2. Development and Economic Incentive Agreement between the City of McHenry and Bluestone Single Tenant Properties LLC 3. Letter from Mike Mackinnon dated September 26, 2016 outlining Extraordinary Development Costs 4. Heidner Properties Development Revenue Projections Spreadsheet AGENDA ITEM SUMMARY: The City Council is being asked to consider a Development and Economic Incentive Agreement with Bluestone Single Tennant Properties LLC to partially offset extraordinary development expenses for the development of a projected $15,000,000 fueling center and retail development, including the extension of the City's watermain approximately one-half mile, for a property generally located at the northwest corner of Chapel Hill Road and Illinois Route 120. BACKGROUND: Bluestone Properties has submitted a letter (attached) detailing their proposed extraordinary development expenses for the northwest corner of Chapel Hill Road and Illinois Route 120. Bluestone recently bid a similar project in Midlothian, Illinois and the total cost was approximately $15 million. The developer is requesting $1.5 million in sales tax incentives/rebates over a 20-year term. The development will include an approximately 8,400 square -foot convenience store and fueling center, state-of-the-art car wash (approximately $2,500,000 construction cost) and an fil Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us additional 10,600 square -feet of in -line space for retail and restaurant tenants with associated drive-in establishment. ANALYSIS: An extremely critical component of the project and a future economic development driver for the City is the extension of the City's watermain approximately one-half mile from Adams Drive to Chapel Hill Road. This has been a past development impediment and will be a significant economic development enhancement on east Route 120 and serve as a major catalyst to foster business and residential growth east of Chapel Hill Road. Anticipated annual revenue to the City in 2017 is estimated at $302,800, growing to an estimated $426,437 in 2036 (see attached spreadsheet). The developer is requesting three liquor licenses which are part of the agreement, one for the convenience store (packaged) and two for the retail building (one each for two separate businesses). They are proposing a restaurant which would include video gaming as well as a video gaming cafe adjacent in the freestanding retail building. In addition, this site would meet the state statute's definition of a "truck stop" (definition below) allowing the developer to offer video gaming within the convenience center without the need for a liquor license. Importantly, the video gaming component is significant to the developer, in large part to underwrite and obtain conventional financing for the development and construct the entire project at one time. It allows the developer to include unique amenities. There is one other location, utilizing this development concept located in Hoffman Estates on the east side of Barrington Road, south of I-90 and north of Illinois Route 72. The Hoffman Estates location sits on 1.7 acres; has a 5,800 square -foot C-Store with a 5,300 square -foot retail center adjacent to it. "Licensed truck stop establishment" Definition per State Statute A facility (i) that is at least a 3-acre facility with a convenience store, (ii) with separate diesel islands for fueling commercial motor vehicles, (iii) that sells at retail more than 10,000 gallons of diesel or biodiesel fuel per month, and (iv) with parking spaces for commercial motor vehicles. "Commercial motor vehicles" has the same meaning as defined in Section 18b-101 of the Illinois Vehicle Code. The requirement of item (iii) of this paragraph may be met by showing that estimated future sales or past sales average at least 10,000 gallons per month. (Source: P.A. 97-333, eff. 8-1241; 98-31, eff. 6-24-13; 98-582, eff. 8-27-13; 98-587, eff. 8-27-13; 98-756, eff. 7-1644.) 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us The site at Chapel Hill and 120 is 7.45 acres and the developer also worked with Riverside Chocolate Factory to allow their customers to park on their lot, and the developer is spending approximately $100,000 towards improving the parking for Riverside Chocolate Factory as part of this development. While the Developer's request for incentive is $1,500,000, staff is recommending a maximum incentive of $1,000,000 over a twenty-year term. The developer has agreed to waive any recapture from the installation of the water main, which will allow businesses on the Aqua System to connect to the City's system if they choose to do so, and the developer has also agreed to front the cost, up to $20,000, towards a new City of McHenry "gateway' or entryway sign to be reimbursed as part of the proposed development/incentive agreement. A schedule of projected total revenues from all sources is provided at the end of this supplement for review. The City Council adopted an Economic Development Strategy in 2011 and below is the evaluation criteria set forth in that policy by which requests such as sales tax rebates should be evaluated. Evaluation Criteria Each request shall be generally evaluated based upon the following criteria: 1. Consistency with the City's Economic Development Plan and Economic Development Strategy. 2. Revenue benefit to the City. 3. Level of circumstances with the property characteristics that create challenges or practical difficulties regarding the development of the site. 4. Number and quality of jobs produced. 5. Strong public benefit to the City. 6. The ability of the development to spur additional economic development in the area. 7. The impact of a proposed development on the existing businesses within the City. 8. Level of applicant's creditworthiness and financial strength. 9. Level of compliance with approved design guidelines and development standards. Staff believes the proposed agreement is justified due to the extraordinary circumstances surrounding the proposed redevelopment. The revenue enhancement detailed above is certainly a large part of this development, however the Developer's willingness to pay the upfront expense to extend the City's watermain one-half mile, $20,000 towards a new City of 3 WN H¢ RT Of VNE FOX n M 9 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us McHenry gateway sign and working with Riverside Chocolate Factory, constructing a very aesthetically -pleasing cohesive center, providing a service need for drivers which traverse along Route 120 and Chapel Hill Road, including diesel users and working with a business which has been in the community for 30 years are very significant factors to be considered as part of this request. Rebates should be considered very closely and on a case by case basis which has been the policy of the City Council. Staff believes the proposed rebate is not excessive and the positive impacts the redevelopment will have, both financially, aesthetically and also to City residents and businesses far exceed the requested financial incentive. RECOMMENDATION: Therefore, if the City Council concurs it is recommended that a motion be made to approve the attached Ordinance authorizing the Mayor's execution of a Development and Economic Incentive Agreement between the City of McHenry and Bluestone Single Tenant Properties LLC. 0 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO. 16- AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF AN ECONOMIC INCENTIVE AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MCHENRY AND BLUESTONE SINGLE TENANT PROPERTIES LLC WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTION 1: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to the Development and Economic Incentive Agreement, bearing the date of October 17, 2016 between the City of McHenry and Bluestone Single Tenant Properties .LC is attached to this ordinance and incorporated herein by reference as Exhibit "A". SECTION 2: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided bylaw. PASSED THIS DAY OF AYES: NAYS: ABSTAINED: ABSENT: 2016 5 OEM CART Oi' TR6 X RNIIH� NOT VOTING: APPROVED THIS ATTEST: CITY CLERK DAY OF MAYOR Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 2016 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A to Ordinance 16- Incentive Development and Economic Agreement between the City of McHenry and Bluestone Single Tenant Properties LLC 7 end Econoi of McHenry and B Ince reement ne Single Tenant P Draft October 12, 2016 en �erties �� This Economic Incentive Agreement ("Agreement") is made and entered into this 1/ day of October, 2016 ("Effective Date"), by and between the City of McHenry, 333 S. Green Street, McHenry County, Illinois, an Illinois home rule municipality ("City") and Bluestone Single Tenant Properties, LLC, Wrigley North Tower 410 N Michigan Avenue, Suite 850, Chicago, Illinois 60611 ("Contract Purchaser') and any successors and assigns. Recitals A. The property which is the subject of this Agreement consists of 7.45 acres, more or less, and is located at the northwest corner of Illinois Route 120 and Chapel Hill Road ("Subject Property"), excluding the Riverside Chocolate Factory parcel and consists of with associated PINS: 09-36-200-028, 09-25-479-041, and 09-25479-016, legally described as follows: PART OF THE SOUTHEAST QUARTER OF SECTION 25 AND THE NORTHEAST QUARTER OF SECTION 36, ALL IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS. B. The City is a home rule municipality and as such has the authority, pursuant to Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970, to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs. C. In recognition of the importance to sustaining ahigh-quality of life for businesses and residents, it's the City's desire to facilitate a successful business environment and assist in enhancing the long-term viability of existing and proposed businesses. The Contract Purchaser intends to invest a capital cost exceeding $15,000,000 and is proposing to construct an approximately 8,400 square -foot convenience store and fueling center, state-of-the-art car wash (approximately $2,500,000 construction cost) and an additional 10,600 square -feet of in - line space for retail and restaurant tenants with associated drive-in establishment. The anticipated annual revenue to the City in 2017 is $302,800 and $426,437 in 2036. D. The Contract Purchaser is also proposing to 1) extend the City's water main more than one-half mile from its current terminus on Adams Drive east to Chapel Hill Road; 2) install underground detention vaults and retaining walls to detain stormwater on the Subject Property in order to accommodate as much retail, service and restaurant uses on the Subject Property as possible; 3) construct deceleration lanes on Illinois Route 120 and Chapel Hill Road; 4) finance the improvement and locating parking improvements on the Subject Property for Riverside Chocolate Factory (approximately $100,000 construction cost); and 5) purchase and install a new City of McHenry Gateway Sign in an amount not -to -exceed $20,000 which may include any combination of design, purchase of material and/or installation costs of a new City of McHenry Gateway Sign at a mutually agreeable location. ("Site Improvements"). The site Improvements are detailed and attached hereto and incorporated herein as Exhibit "A." E. Included as part of the Site Improvements the Contract Purchaser is required to undertake extensive on and off -site infrastructure improvements specified in numbers 1-3 of recital D, above, with an estimated total construction cost of $1,751,000 ("Extraordinary Development Costs ). The Extraordinary Development Costs are outlined and described on a letter from Troy Paionk, P.E. Project Manager with Manhard Consulting, LTD. dated September „„ 26, 2016 to Mike MacKinnon attached hereto and incorporated herein as Exhibit B . T e Contract Purchaser has indicated to the City that, but for the commitment and agreement of the City being made herein, they cannot undertake the Site Improvements and Extraordinary Development Costs to the Subject Property. F. It is essential to the economic and social welfare of the City that it promotes the eCOnomIC Vltallty Ot the community py assunn� uNNuit,uii��ica ivi ucvc�.,N��...�� u,.w redevelopment and sound and stable commercial growth within the corporate limits of the City. G. In order to make it economically feasible for the Contract Purchaser to agree to successfully accomplish the Site Improvements, including $1,751,020 in Extraordinary Development Costs, to the Subject Property the City agrees to share with the Contract Purchaser a portion of the Base Sales Tax and Home Rule Sales Tax generated by the Contract Purchaser at the Subject Property in an amount not -to -exceed $1,000,000. H. Definitions. The following definitions shall apply to terms used in this Agreement: "Base Sales Taxes" means the retailers occupation taxes and service occupation taxes received by the City, generated solely at the Subject Property and by the Contract Purchaser, from the State of Illinois pursuant to the Service Tax Act (35 ILCS 115/1 et seq.), the Retailers Occupation Tax Act (35 ILCS 120/1 et seq.), and the State Finance Act (30 ILCS 105/6z-18) (as amended), and any taxes that are enacted and imposed as replacements thereto. "Home Rule Sales Tax" means the home rule retailers occupation taxes received by the City, generated solely at the Subject Property and by Contract Purchaser, from the State of Illinois pursuant to the Home rule Municipal Retailers' Occupation Tax Act (65 ILCS 5/8-11-1.1) (as said Act may be amended), and any taxes that may be enacted and imposed as replacements thereto. "City's Payment Obligation" means the City's Obligation to pay Contract Purchaser Base Sales Tax and Home Rule Sales Tax as set forth in herein. "The Commencement Date" means December 31 following the Contract Purchaser receiving a Certificate of Occupancy (full or temporary certificate of 2 occupancy) for any portion of the Subject Property and is the first date the City shall pay a Sales Tax Incentive Annual Payment, as defined herein, to the Contract Purchaser in accordance with the terms of this Agreement. "Event of Default" means a default under this Agreement which remains uncured. "Gross Receipts" means as defined in the Retailer's Occupation Tax Act (35 ILCS 120/1 et seq.). "IDOR"means the Illinois Department of Revenue. "Maximum Total Payment Obligation" shall mean the maximum total amount payable by the City hereunder not -to -exceed $1,000,000. "Permanent Closure" shall mean the proposed fueling station proposed to be located on Lot 1 of the Subject Property remains either vacant or unoccupied for a period of twelve (12) or more consecutive months after Contract Purchaser completes the Site Improvements ("Permanent Closure"). "Sales Tax Incentive" means the payment by the City set forth in this Agreement. "Sales Tax Incentive Annual Payment" expressed as a percentage of Base Sales Tax and Home Rule Sales Tax generated by the Contract Purchaser at the Subject Property. "Sales Tax Incentive Year" means the preceding twelve -months of the calendar year. "Table One" includes the sales tax incentive year and sales tax incentive annual payment as defined herein. I. The parties agree that the Base Sales Tax and Home Rule Sales Tax being shared hereunder shall only be that Base Sales Tax and Home Rule Sales Tax generated in the future by the Contract Purchaser not -to -exceed the Maximum Total Payment Obligation. Now therefore, in consideration of the promises and agreements made herein, the adequacy and sufficiency of which is acknowledged by the parties hereto, it is agreed as follows: 1. Authority. This Agreement is made and entered into pursuant to the City's home rule powers and functions as granted in the Constitution of the State of Illinois. 2. Agreement to Pay. The City agrees to pay a Sales Tax Incentive to the Contract Purchaser in an amount outlined in Table One below. The City's Payment Obligation shall 3 continue for so long as the Contract Purchaser is generating and the City is receiving Base Sales Taxes and Home Rules Sales Taxes as defined herein. The Contract Purchaser also acknowledges the Sales Tax Incentive shall be utilized solely for reimbursement for actual costs incurred for equipment, material and labor costs directly associated with construction of the Site Improvements. The City's Payment Obligation shall not exceed the Maximum Total Payment Obligation. 3. Waiver of Recapture from Extension of City Watermain. The Contract Purchaser hereby waives any and all right or claim to recapture for any expense associated with the Site Improvements from any benefitted property owner. 4. Evidence of Equipment, Material Cost and/or Labor Expenditure. The Contract Purchaser acknowledges that, prior to any Sales Tax Incentive payment distribution, the Contract purchaser shall provide the City evidence of the expenditure for which reimbursement is being sought including the following information: Paid invoice(s), which includes an itemization of each equipment, material and/or labor expenditure to the extent reasonably available to the Contract Purchaser; date when labor, equipment and/or material purchase was completed and/or purchased; company from which labor, equipment and/or material purchase was completed and/or purchased including name, address and federal tax identification number, a reference on the paid invoices) indicating the location of the Subject Property and a sworn affidavit from Contract Purchaser detailing the equipment, material and/or labor costs incurred. 5. Limitation of City Responsibilities. Other than the Sales Tax Incentive agreed to be made pursuant to this Agreement, the City shall have no obligation to incur any expenses or share any revenue associated with the Contract Purchaser. 6. Sales Tax Incentive. Commencing on The Commencement Date and on the anniversary of December 31 every year thereafter, not -to -exceed the Maximum Total Payment Obligation, the City shall pay a Sales Tax Annual Incentive, in the form of a Sales Tax Rebate, to the Contract Purchaser. The Sales Tax Incentive Annual Payment shall be 50% of the Base Sales Tax and Home Rule Sales Tax collected by the City relating to the Subject Property during any payment period. The Sales Tax Incentive payment shall be paid by the City to the Contract Purchaser following calculation of the amount due but not later than sixty (60) days after the Contract Purchaser produces to the City the Contract Purchaser's Annual Sales Tax Reports. Provided, however, no Sales Tax Incentive Annual Payment shall be paid to the Contract Purchaser until such time the Contract Purchaser fully completes all of the Site Improvements, and a certificate of occupancy permit is issued ("Occupancy Permit") to the Contract Purchaser. 7. Sales Tax Reports/Accounting. Within ninety (90) days after The Commencement Date and ninety (90) days following each subsequent Sales Tax Incentive Year, the Contract Purchaser shall provide the City with a statement, accompanied by a summary of the Gross Receipts for such Sales Tax Incentive Year, in a form reasonably acceptable to the City, signed by one of its officers, which shall set forth the dollar amount of Sales Tax generated by the Subject Property and paid to the State of Illinois for the benefit of the City during the �' prior Sales Tax Incentive Year. This information will be used by the City in calculating the Sales Fax Incentive Annual Payment due hereunder. The term "Gross Receipts," as used herein, shall have the same meaning as that which is ascribed to it in the Retailer's Occupation Tax Act, The Contract Purchaser shall maintain and have available for inspection by the City copies of any all sales tax return, sales tax reports, amendments, proof of payment or any other Sales Tax Information filed with the State of Illinois or other appropriate governmental entity, which documents are being held available for the City for purposes of identifying Sales Tax Revenue collected pursuant to this Agreement. The City shall use its best efforts to obtain such Sales Tax Information directly from the IDOR or the State of Illinois. 8. Confidentiality of Financial Information. To the extent permitted by law, the City shall endeavor to maintain the confidentiality of the information contained in any financial reports submitted by the Contract Purchaser, the Sales Tax information received by the City, but shall be permitted to disclose such information and documents to employees and consultants of the City as the City in its sole discretion, deems appropriate in order to monitor compliance and audit this Agreement. The Contract Purchaser understands and agrees that the provisions of this Agreement and any and all payments to the Contract Purchaser pursuant to this Agreement are public records. The Contract Purchaser also agrees to execute any consent form requested by the City and furnish such additional consent, powers of attorney or waivers as may be required by the IDOR to allow the IDOR to furnish to the City Sales Tax Information transacted by the Contract Purchaser at the Subject Property. The City agrees to utilize Sales Tax Information obtained by it pursuant to the terms of this Agreement solely for the purpose of effectuating the provisions of this Agreement. To the extent permitted by the Illinois Freedom of Information Act and any other relevant laws, the City shall endeavor to keep such information confidential. The foregoing, however, shall not preclude the City from disclosing such information to the extent it is mandated to do so by court order or to the extent it makes a good faith determination such disclosure is required by law. 9. Provisions Concerning Limitation on Debt. The receipt, or anticipated receipt, of Sales Tax Revenue, either directly or indirectly, from the Contract Purchaser's Site Improvements on the Subject Property, as provided earlier in this Agreement, shall be a condition precedent to any obligation of the City to rebate money to the Contract Purchaser. 10. Prevailing Wages to be Paid. Pursuant to 820 ILCS 130/0.01 et seq., not less that the prevailing rate of wages as found by the City or determined by a court on review shall be paid to all laborers, workers and mechanics performing work under the contract relating to the Site Improvements on the Subject Property. Note that the prevailing rate of wages is revised by the Illinois Department of Labor and are available on the Department's official website. 11. Issuance of Liquor Licenses. Subject to compliance with all applicable City ordinances, following approval of this Agreement, the City shall issue three liquor licenses for the Subject Property. Each liquor license shall be of a class of class which qualifies the Purchaser, from a liquor license standpoint, to apply for State video gaming licenses. 12. No Interest; Limited Obligations. No interest shall be due on the obligations set forth in this Agreement. The Contract Purchaser acknowledges that: (a) the City shall not be required to make any payments of the Sales Tax Incentive to the Contract Purchaser unless they have then been delivered, to the City the IDOR form Authorization to Release Sales Tax Information to Local Governments that is needed to facilitate the City's Payment Obligation; (b) the City's Payment Obligation is a limited obligation of the City payable solely out of the Base Sales Tax and Home Rule Sales Tax the City receives from the IDOR which are attributable to the gross sales generated at the Subject Property after the completion of the Site Improvements by the Contract Purchaser; (c) the sole source of the Contract Purchaser's entitlement to payment of the Sales Tax Incentive shall be the aforesaid Base Sales Tax and Home Rule Sales Tax; (d) the City's Payment Obligation shall not be construed as general obligation of the City; and (e) the Contract Purchaser bears all risk of non-payment resulting from the permanent closure of the Contract Purchaser's business operation at the Subject Property. 13. Term. This Agreement shall be in full force and effect for a Term commencing on the Effective Date of this Agreement and ending on the earlier to occur of: (a) the City's payment to the Contract Purchaser of the Maximum Total Payment Obligation; (b) the Permanent Closure of the fueling station prior to the City's payment to the Contract Purchaser of the Maximum Total Payment Obligation of the City; (c) the end of the 2Oth Sales Tax Incentive Year outlined in Table One or (d) Site Improvements to the Subject Property are not completed and a certificate of occupancy issued by December 31, 2018. This Agreement shall remain in effect for enforcement and accounting purposes following the expiration of the Term. 14. Miscellaneous. This Agreement shall be binding upon and inure to the benefit of the Parties. Any notices required or contemplated by this Agreement shall be sent by certified mail orvia anationally-recognized private carrier (such as Fed Ex or UPS), as follows: If to Contract Purchaser: Bluestone Single Tenant Properties, LLC Wrigley Building -North Tower 410 N. Michigan Avenue Suite 850 Chicago, IL 60611 Attention: Rick Claes If to the City: City of McHenry 333 S. Green Street McHenry, IL 60050 Attention: City Administrator With a copy to: David W. McArdle Zukowski, Rogers, Flood &McArdle 50 Virginia Street Crystal Lake, Illinois 60014 15. Default. In the event of a claimed default under this Agreement, the non - defaulting party shall provide notice of default to the defaulting party. No legal action may be commenced with respect to a claimed default until thirty (30) days after said notice has passed, during which time the claimed defaulting party may cure the claimed default. This Agreement shall be governed by Illinois law without regard to its rules regarding conflicts of law. 16. Enforcement. Any action to enforce this Agreement shall only be filed in the Twenty -Second Judicial Circuit, McHenry County, Illinois. The party who prevails in any such action shall be entitled to recover its reasonable attorney's fees from the other party. 17. Only Agreement. This Agreement sets forth all the promises, inducements, agreements, conditions and understandings between the Contract Purchaser and the City relative to the Sales Tax Incentive and there are no other promises, agreements, conditions or understandings, oral or written, express or implied, between them relative thereto. This Agreement may only be amended by way of a written instrument that is signed by both Parties. City of McHenry By: Susan E. Low, Mayor Date Attest: Janice C. Jones City Clerk Z:\M\McHenryCityof\EconomiclncentiveAgmtRickyRockets.doc Contract Purchaser Bluestone Single Tenant Properties, LLC By: Attest: Rick Claes, Managing Member Draft October 12, 2016 Exhibit "A" Site Improvements Exhibit "Es Extraordinary Development Costs September 26, 2016 Doug Martin Director of Economic Development City of McHenry 333 S Green Street McHenry, IL 60050 Re: Extraordinary Development Costs NWC IL Route 120 & Chapel Hill Road Mr. Martin: I am writing to follow up on our recent conversation regarding my firm's request for an economic incentive from the City of McHenry. Bluestone Single Tenant Properties (BSTP) engaged our civil engineering firm, Manhard Consultants, to summarize the extraordinary development costs associated with the development of the seven -acre parcel on the northwest corner of Illinois Route 120 and Chapel Hill Road. The "extraordinary" development costs that are above and beyond a typical retail development include: - Half mile water main extension from Adams Street to Chapel Hill Road - Underground detention vaults and retaining walls to detain for depressional storage Deceleration lanes on Illinois Route 120 and Chapel Hill Road The total extraordinary costs for this development are $1,751,020. As you are aware, our development includes an 8,400 square foot convenience store and fuel center, state-of-the-art car wash, and an additional 10,600 square feet of in -line space for retail and restaurant tenants. The total capital investment for this project will exceed $15,000,000, which includes the costs to locate Riverside Chocolate Factory's parking on our property. The enhanced architectural features of Ricky Rockets' convenience store include 120 lineal feet of storefront curtain wall and 20' high open ceilings, features not typically found in other new small format retail developments. BSTP is willing to advance the extraordinary costs with no upfront costs to the City. We are requesting a sales tax sharing agreement to reimburse BSTP for these costs over several years from the sales taxes generated by our development. We are proposing a 50%/50% sharing of the sales taxes between BSTP and the City of McHenry for the first 20 years after occupancy, with a maximum reimbursement to BSTP of $1,500,000. It is anticipated that the maximum incentive cap of $1,500,000 will be achieved much earlier than the 20-year term of the agreement. More than half of our incentive request is for the extension of public infrastructure that, in addition to serving our property, will serve other properties along the corridor. Our retail development, coupled with this water main extension, will spur economic growth on the east side of the community. As part of the development agreement for this property, we are also seeking a commitment for one liquor license for the convenience store, and two pouring liquor licenses for the remainder of the BLUESTONE SINGLE TENANT PROPERTIES, LLC WRIGL[Y BUILDING -NORTH TOWER 410 N, MICHIGAN AVENUE. SUITE 8501 CHICAGO, IL GOGI l TE L 13121 5 19-7100 1 FAX 13121 878-4860 Economic Incentive Request September 26, 2016 Page 2 of 2 development. The liquor licenses will be utilized by the Steak N Egger restaurant (or other restaurant user) and a gaming cafe in the retail center on the western portion of the property. Having a video gaming cafe is a critical component to this development. The developer utilizes the video gaming revenue to offset the enhanced building architecture of the entire development. No other convenience retailer in the Chicago market is currently building this type of upscale facility. The video gaming cafe is an integral component of the profit model for the project. We understand that there may be some consternation regarding video gaming cafes in the City; however, the video gaming occupies only 20 feet of frontage in a development that has 800 feet of frontage on Illinois Route 120. After you have had a chance to review, I'd be glad to discuss any of the foregoing with you in further detail. We would be happy to schedule a meeting with the Mayor and members of the City Council to discuss our request in further detail in advance of the public meetings in October should they so desire. Respectfu I ly, Michael J. Mac Vice President Enclosure nnon, P.E. Hanhard. CONSULTING L�I� September 20, 2016 Mike MacKinnon Bluestone Single Tenant Properties, LLC 410 N. Michigan Avenue, Suite 850 Chicago, IL 60611 Re: Extraordinary Development Costs NWC Route 120 and Chapel Hill Road McHenry, Illinois Civil Engineering Surveying Water Resources Management Water &Wastewater Engineering Construction Management Environmental Sciences Landscape Architecture Land Planning Dear Mr. MacKinnon: ll Below is an analysis 120deceleration f the costs associated lanes, undergr am nd stow ter detentionmChapel l vaults,ad the Road and Route stormwater detention basin retaining walls. WATERMAIN EXTENSION Assumptions Pipe is 12" Ductile Iron Pipe outh side of Route 120 from Adams Street to the east The watermain extension is along the s side of the Heidner Properties Subdivision The existing watermain system has sufficient pressure to accommodate the proposed extension Service connections are not included The watermain easement has been secured by the City of McHenry Unit cost for installation of 12" Ductile Iron Watermain is $160/LF (includes auger and jack, hydrants, valves, and vaults Permitting Fees are not included Engineering Design Fees (8% of construction cost) and Construction Observation Fees (9% of construction cost) are included Estimated BudaetarV Costs Watermain extension from Adams Street to west property line of Heidner Properties Subdivision consists of approximately 2150 LF of 12" Ductile Iron Pipe. 402 480 Watermain extension from the west property line of the Heidner Properties Subdivision to the east side of the Heidner Property Subdivision consist of approximately 860 LF of 12" Ductile Iron Pipe. 16$ 0,290 Estimated total cost for the installation of a 12" Ductile Iron Watermain along the south side of Route 120 from Adams Street to the east side of the Heidner Properties Subdivision is 1562 770. TI Assumptions Improvements will be in accordance with Illinois Department of Transportation (IDOT) and McHenry County Division of Transportation (MCDOT) standards Chapel Hill Road deceleration lane will consist of a 200' taper and a 185' turn lane Route 120 deceleration lane will consist of a 120' taper and a 470' turn lane Associated costs for storm sewer and structures for the deceleration lanes are included 9 • Permitting Fees are not included • Engineering Design Fees (8% of construction cost) and Construction Observation Fees (9% of construction cost) are included Estimated BudpetaN Costs Estimated total cost for the installation of the deceleration lane for Chapel Hill Road is $110,000, Estimated total cost for the installation of the deceleration lane for Route 120 is 230 000. UNDERGROUND STORMWATER DETENTION VAULTS Assumptions • Stormwater design will be in accordance with the McHenry County and IDOT standards Unit cost for underground stormwater detention vaults is $300,000 per acre-ft of volume Total volume provided in the vaults is 2.0 acre-ft Permitting Fees are not included Engineering Design Fees (8% of construction cost) and Construction Observation Fees (9% of construction cost) are included Estimated Budpetary Costs Estimated total cost for the installation of the underground stormwater detention vaults is 702 000. STORMWATER DETENTION BASIN RETAINING WALLS Assumptions Stormwater design will be in accordance with the McHenry County and IDOT standards Unit cost for the installation of the retaining walls is $25 per SF face of wall Total SF face of retaining wall is 5,000 SF Permitting Fees are not included Engineering Design Fees (8% of construction cost) and Construction Observation Fees (9% of construction cost) are included Estimated Budpetary Costs Estimated total cost for the installation of the detention pond retaining walls is 146 250. Should you have any questions or require additional clarification, please do not hesitate to contact us at 630-925-1033. Sincerely, MANHARD CONSULTING, LTD. Troy'Paionk, PE Project Manager Heldner Properties Oevetopment Revenue Projection McHenry, Illinois Convenience Storel $2,400,000 1i5%of Sales $36,000 $36,360 $36,724 $37,091 $37,462 $37,836 $38,215 $38,597 $36,983 $39,373 $39,766 $40,164 $40,566 $40,971 $41,381 $41,795 $42,213 $42,635 $43,061 $437192 Gasoline Sales" $11,7D0,0W 80%of5alesat1.5% $140,400 $1410804 $143,222 $144,654 $146,101 $147,562 $149,037 $150,528 $152,033 $153,553 $155,089 $156,640 $158,206 $159,788 $161,386 $163AW $164,630 $166,276 $1670939 $169,618 Diesel Salesm $6,825,000 50%of5alesat1,5% $0 $0 $510188 $51,699 $S2,216 $52,739 $53,266 $53,799 $54,337 $54,880 $55p29 $55,983 $56,543 $57,108 $57,679 $5%256 $58,839 $59,427 $60,021 $60,622 Retall Centers $21700,000 1.5%of Sales $4%500 $40,905 $41,314 $41,727 $42,144 $42,566 $42,992 $43A21 $431856 $44,294 $44,737 $45,185 $45,636 $46,093 $46,554 $47,019 $47,489 $47,964 $48,444 $48,928 Gamingit $1,OB0,000 5%of Revenue $54,000 $54,540 $55,085 $55,636 $56J93 $56,755 $571322 $57,895 $58,474 $59,059 $S%650 $6%246 $6%849 $61,457 $62,072 $62r692 $63,319 $63,952 $64,592 $65,238 Inflation 1.0% pssumottau '$zp0000mxnmNreye '325,000 monthlygallons at$3A0 per pJWL 80% drrasaMe sales sub,'txt tosales tas. '175,000"htly diesel galWA at $3.25 pet gallon aebdieset exempted Gam state sales to through 2018. Assumes 50M of dlesel sales subject to sales in Ihereart u, '$300 retall sales per Kum foot 3$3 ,auo revenue per loeatb per month Assumes suro lkemes two haw ik<nses plus onelkemeln cmvenleme store) *dry has a 0.5%tame rate tax RIVER EAST PUBLIC 0.31% $11,367 LIBRARY MCHENRY COUNTY 1.08% $39,600 SCHOOL DIST 15 5.95% $218,%7 MCHENRYCOCONSV 0,28% $10,267 MCHENRY FIRE DIST 0.63% $23,100 MCHENRYTWPRD& 035% $12,833 BR MCHENRY 0.20% $7,333 MCHENRYCITY 0,87% $31,900 COLLEGE DISTRICT 0,43% %%767 S28 MCC SCHOOL DIST 156 2.94% $307,800