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HomeMy WebLinkAboutPacket - 05/04/2020 - City CouncilThe 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. AGENDA REGULAR CITY COUNCIL MEETING Monday, May 4, 2020, 7:00 p.m. In light of the current COVID-19 public health emergency, this meeting will be held remotely only. The public can observe by connecting online at: https://cityofmchenry.zoom.us/j/94404646985 The public can also call in to the following number: +1 312 626 6799, Meeting ID = 944 0464 6985 1. Call to Order. 2. Roll Call. 3. Public Comments: If you wish to submit any public comment, please email: dmorefield@cityofmchenry.org in advance of the meeting. The City will attempt to read such public comments during the public commentary portion of the meeting. Any comments received during the meeting will be provided in writing to the Council members after the meeting. 4. Consent Agenda: Motion to Approve the Following Consent Agenda Items: A. FY20/21 Board and Commission Appointments; B. Ordinance waiving the requirement of advertising for competitive bid set forth in 65 ILCS 5/8- 9-1 and the required competitive bidding called for within the City’s Purchasing Policies for the Phase 2 Police Department renovation project; C. Award the bid to Peter Baker and Son Company of Lake Bluff, Illinois for the 2020 Hot Mix Asphalt (FOB) Materials Contract in the amount of $46.00/ton for HMA Surface Mixture and $42.00/ton for HMA Binder Mixture; D. April 20, 2020, City Council Meeting Minutes; E. Issuance of Checks in the amount of $85,410.20. 5. Individual Action Item Agenda. A. Motion to approve the Third Continuation of Effective Dates of the March 11, 2020 Proclamation by the Mayor of Local Disaster Emergency in the City of McHenry, Illinois to June 1, 2020. B. Motion to adopt an Ordinance granting a minor Variance to allow a rear yard setback of 11 feet in lieu of the required 25 feet to accommodate the expansion of the existing garage at the property commonly known as 5313 W. Shore Drive. C. Motion to adopt an Ordinance granting a minor Variance to allow a front yard setback of 11 feet in lieu of the required 25 feet to accommodate the expansion of the existing garage at the property commonly known as 1610 N. Court Street. D. Motion to approve an Ordinance granting a Conditional Use Permit operate an assisted living and memory care facility on a vacant 5.33-acre parcel located west of the intersection of Blake Boulevard and N. Richmond Road. E. Motion to approve an Ordinance granting a Conditional Use Permit to operate an adult-use cannabis craft-grow, infusion, transportation, and dispensary business at the property commonly known as 4610 Prime Parkway. F. Motion to approve an Ordinance to make Text Amendment(s) to the City of McHenry Zoning Ordinance Including but not limited to Chapter 13: Landscaping and Screening and Chapter 19: Variances. G. Motion to award a unit price contract for the 2020 Road Program to Peter Baker & Son, Co. in the amount estimated to be $374,885.33. H. Motion to approve Final Contract Change Orders 1 & 2 in the amount of $421,129.63 for the Wastewater Treatment Plant Construction Project. 6. Discussion Items. 7. Mayor’s Report. 8. City Council Comments. 9. Executive Session if Needed. 10 . Adjourn. The complete City Council packet is available for review online via the City website at www.cityofmchenry.org. For further information, please contact the Office of the City Administrator at 815-363-2108. NOTICE: In compliance with the Americans with Disabilities Act (ADA), this and all other City Council meetings are located in facilities that are physically accessible to those who have disabilities. If additional accommodations are needed, please call the Office of the City Administrator at 815-363-2108 at least 72 hours prior to any meeting so that accommodations can be made. Wayne S. Jett, Mayor McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 CONSENT AGENDA SUPPLEMENT DATE: May 4, 2020 TO: City Council FROM: Wayne Jett, Mayor RE: 20/21 Annual Appointments ATT: Appointments Recommendations Attached is the list of board, commission, committee or staff appointments for the period May 1, 2020 through April 30, 2021. For the board and commission appointments, all individuals have been contacted by either me or a staff member to confirm their interest and intent to serve. For City Council appointments, I believe the configurations worked well for last year and am recommending the same for the upcoming year, with Alderman Harding in place of Alderwoman Baehne. Again, only individuals with terms that expired April 30, 2020 are on this list. Therefore, if Council concurs, it is recommended that a motion be made to approve the appointments as presented. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. FY20/21 BOARDS, COMMISSIONS, APPOINTMENTS Administration Finance Director/City Treasurer Public Works Director Deputy City Clerk Municipal Consulting Firms as of May 4, 2020 Name Carolyn Lynch Troy Strange Monte Johnson Expiration 04/30/21 04/30/21 04/30/21 Corporate Attorney Zukowski, Rogers, Flood & McArdle 04/30/21 Labor Attorney Ottosen, Britz, Kelly, Cooper & Gilbert, Ltd 04/30/21 Traffic Court Attorney Patrick J. McAndrews 04/30/21 Administrative Adjudication Officer Harry Semrow 04/30/21 Boards and Commissions Planning and Zoning Commission Joe Doherty 04/30/21 (1-year term) Art Gurda 04/30/21 Mike Lehman 04/30/21 Mike Sobotta 04/30/21 Shawn Strach, Chair 04/30/21 Roger Thacker, Vice Chair 04/30/21 Jim Walsh 04/30/21 Landmark Commission James Scholtz 04/30/23 (3-year term) Beth Nall 04/30/23 Board of Police Commissioners Michael Roberts 04/30/23 (3-year term) Police Pension Board of Trustees Cheryl Kranz 04/30/22 Economic Development Nick Bionda 04/30/21 Commission Dawn Bremer 04/30/21 (1-year term) Rob Jessup, Chair 04/30/21 Wayne Jett, Mayor 04/30/21 Mike Mracheck 04/30/21 Emergency Services & Disaster (1-year term) Ethics Commission Standing Committees of the Council Darius Pfeifer 04/30/21 Jeff Schaefer, Alderman 04/30/21 Jason Sterwerf 04/30/21 Sam Tenuto 04/30/21 MTFPD Chief 04/20/21 Police Commander 04/30/21 Public Works Director 04/30/21 Commercial Building Inspector 04/30/21 Susan Meyer 08/19/21 Community Development Committee Finance & Personnel Committee Parks & Recreation Committee Public Works Committee Alderman Pat Devine (Chair) Alderwoman Sue Miller Alderman Ryan Harding Alderman Chad Mihevc (Chair) Alderwoman Sue Miller Alderman Jeff Schaefer Alderman Jeff Schaefer (Chair) Alderman Pat Devine Alderman Ryan Harding Alderman Vic Santi (Chair) Alderman Andy Glab Alderman Chad Mihevc MCI---ienr John R. Birk, Chief of Police McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 jbirk@cityofmchenry.org CONSENT AGENDA SUPPLEMENT DATE: May 41h, 2020 TO: Mayor and City Council FROM: John R. Birk, Chief of Police RE: Adoption of an Ordinance to Advertising and Competitive Bidding for the Police Department Renovation — Phase 2 ATT: Ordinance Item Summary: Staff is seeking Council's approval of an Ordinance that waives the requirement of advertising for competitive bids set forth in 65 ILCS 5/8-9-1 and the required competitive bidding called for within the City's Purchasing Policies for the Phase 2 Police Department Renovation Project. Background: In October of 2019, the Council approved the Professional Services Agreement between the City and FGM to design the Police Department second floor buildout. In December staff completed the demolition of the second floor area in-house with no cost other than the use of the dumpsters. In early February, we received FGM's completed design/bid plans for the project. With the help of Director Polerecky and his staff, a full review of the plans were conducted with approval in February, 2020. In October, the City indicated it would proceed with this project utilizing an alternative to the traditional design, bid, build contracting method in order to maximize most fiscally responsible use of the limited funds we have to complete the project. We are proposing a multiple prime contracting method in which the City, as Owner, will hold separate "prime contracts" with contractors of various key trades, specifically, plumbing, sprinkler, electrical, HV/AC, IT and carpentry. The prime carpentry contractor may utilize smaller subcontracts for work such as drywall, carpet, ceiling tiles, etc. The City staff (Chief Birk & Director Polerecky) will manage the overall schedule, inspection, and budget during the entire construction phase. The following is our list of trade/categories: General Carpentry: This category includes basically everything but electrical, plumbing, sprinkler and HVAC. This should include but not be limited to: walls, drywall, paint, baseboards, door and frames, locks, ceilings, insulation, cabinetry for kitchenette, tile for bathrooms and carpet. In this category I am assuming that we will have a carpentry company bid the job but it will include sub -contracting smaller components like The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. cabinetry, carpet, paint and locks. It is also the goal of the City to potentially purchase as much of the general carpentry material as possible (drywall, tape, mud, screws, door frames, ceiling grid supplies, etc.) to reduce the cost as well and prevent any markups. We currently have the ability to make an order like this through Director Polerecky' s Department. 2. Electric: This includes all AC work and low voltage / AV (computer, monitor door access controller) wiring. 3. Plumbing: All plumbing demo/relocating, new rough plumbing and all finish work installing fixtures. 4. Sprinkler System: All reconfiguration and additions to meet code. 5. HVAC: All demo work, rough in, finishing and startup. Analysis: The use of a multi -prime contracting method should result in lower cost to the City (e.g., it avoids the compounded profit and overhead margins that are common to the single contract method), allows for the work to be divided into smaller packages which permit more local small firms to participate, and allows for more City control over the project procurement and construction schedule, since the Owner/City sets the schedule. For example, if an initial phase of construction is delayed, the City may reduce liability for delays by postponing the letting or commencement of follow-on work. Another advantage of this system is that the City could realize savings by directly procuring major material items, thereby avoiding contractor mark-ups. There will be an additional savings by working with the City Attorney, rather than FGM, to draft the contracts with each trade/discipline. The role of FGM will remain that of design professional, but we anticipate that it will have no role in the letting phase and will only be involved on a case by case basis during construction. Police Administrative staff will be responsible for most of the traditional architect construction letting and administration duties (change order, pay estimate review, etc.) and all of the typical general contractor administrative duties (e.g., scheduling, coordination, inspections, etc.) will be conducted by Director Polerecky and his staff. Competitive Bidding. With regard to competitive bidding required by state law on public works projects exceeding $25,000, state law (65 ILCS 5/8-9-1); the City's status as a home rule municipality, permits the City to waive the competitive bidding requirements for labor and materials (or just materials) by a two-thirds vote of the city council members. In addition to State law requirements, the City's own purchasing policy requires competitive bidding for budgeted items over $20,000, thus, to vary from this requirement, approval by ordinance adopted by the Mayor and City Council members would be required. To maintain competitive pricing without the formality of seeking sealed and advertised competitive bids, we propose to obtain a minimum of two quotes per prime contractor trade/discipline in order to provide council with cost references. Once all quotes are collected, we will select the prime contractors and prepare contracts for each. These contracts will then be brought before the full City Council for review, consideration and hopefully, approval. Because multi -prime contracting is not the City's traditional contractor process, staff would work directly with Attorney McArdle to ensure the City follows all legal requirements. In light of the COVID-19 crisis, in procuring the trade work, our goal will also be to focus our efforts on obtaining quotes from local area businesses so that money spent on this project can be pumped back into our local economy. If this method is approved our goal is to bring contracts for consideration during the months of May and June. I am highly confident this method will allow for significant cost savings and opportunities for local business participation, in keeping with the Council's past advice. As a reminder the funds allocated for this project our separate from the general fund and have been previously secured through police seizure funds and through a grant reimbursement on the dispatch center construction, all of which were encumbered on the FY 19/20 budget and with the remaining costs carried over to the FY 20/21 budget. Finally, in addition to the previously accepted justification for this renovation staff would be remiss if we did not mention the issues the police department has faced as it relates to workspace and COVID-19. Since the COVID-19 pandemic, it has become significantly difficult to utilize our current police facility given the required safety precautions and social distancing requirements. Due to the lack of space, we have had to limit our Sergeants' use of their shared offices to one at a time, alter Detective hours of work so they do not have to be in the same work space together, cancelled all Patrol roll calls, limited access to the locker rooms to only two people at a time, limited access to the squad room to only one officer at a time, and limited the jail area to only one officer at a time. The impact of these COVID-19 responses on our ability to perform at our peak has highlighted the need for this project to move forward as soon as possible. Recommendation: Therefore, if Council concurs, it is recommended that a motion be made to adopt the attached ordinance thereby waiving the requirement of advertising for competitive bid set forth in 65 ILCS 5/8-9-1 and the required competitive bidding called for within the City's Purchasing Policies for the Phase 2 Police Department renovation project. ORDINANCE NO. An Ordinance Authorizing Renovation of City Hall for Police Department Purposes waiving Advertising for Bids and Waiving Certain City Purchasing Policies 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. WHEREAS, in October of 2019, the City Council approved the Professional Services Agreement between the City and FGM to design the City Hall -Police Department second floor buildout ("Project"). WHEREAS, in early February 2020, the City received completed design/bid plans for the project and the projected cost of the Project exceeds $25,000. WHEREAS, in October, the City Council indicated it would proceed with this project utilizing an alternative to the traditional design, bid, build contracting method in order to maximize the most fiscally responsible use of the limited funds we have to complete the project. The City staff is proposing a multiple prime contracting method in which the City, as Owner, will hold separate "prime contracts" with contractors of various key trades, specifically, plumbing, sprinkler, electrical, IT and carpentry. The prime carpentry contractor may utilize smaller subcontracts for work such as drywall, carpet, ceiling tiles, etc. The City staff will manage the overall schedule, inspection, and budget during the entire construction phase. WHERAS, the City has determined there it is in the City's best interest to proceed with multi -prime contracts after receiving pricing quotes from the various trade contractors necessary to construct the Project. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: In order to allow the City to move forward with the Project using multi -prime contracts, the City hereby waives the requirement of advertising for competitive bids set forth in 65 ILCS 5/8-9-1 and the required competitive bidding called for within the City's Purchasing Policies. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed this 4th day of May, 2020. Alderman Devine Alderman Glab Alderman Harding Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Ayes Nays Absent Abstain Monte Johnson, Deputy Clerk CERTIFICATION I, Monte Johnson, do hereby certify that I am the duly appointed, acting and qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the 41' day of May, 2020, the foregoing Ordinance entitled An Ordinance Authorizing Renovation of City Hallfor Police DepartmentPurposes waivingAdvertisingfor Bids and Waiving Certain City Purchasing Policies was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. , including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the 5th day of May 2020, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this 5th day of May 2020. Monte Johnson, Deputy Clerk City of McHenry, McHenry County, Illinois (SEAL) Department of Public Works Troy Strange, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org CONSENT AGENDA SUPPLEMENT DATE: May 4, 2020 TO: Mayor and City Council FROM: Troy Strange, Director of Public Works RE: 2020 Hot Mix Asphalt (FOB) Materials Contract Award ATT: Bid Tabulation AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding the bid to Peter Baker and Son Company of Lake Bluff, Illinois for the 2020 Hot Mix Asphalt FOB Materials Contract. BACKGROUND: On an annual basis the Public Works Street Division Materials and Supplies budget includes project materials such as hot mix asphalt, portland cement concrete, and aggregates necessary for street repair projects. These materials are procured through local material suppliers and are hauled by City Public Works staff to individual jobsites where they are utilized to complete repair projects such as patching. On an annual basis Street Division crews use up to 2000 tons of hot mix asphalt for which the Public Works Department is billed the public "drive up" price. On March 12, 2020 four (4) bids were received for the 2020 Hot Mix Asphalt (FOB) Materials Contract. All of the bids were provided by contractors meeting prequalification requirements established bythe Illinois Department of Transportation (IDOT). The bids ranged from $46.00/ton to $59.50/ton for HMA Surface Mixture and from $42.00/ton to $54.00/ton for HMA Binder Mixture, a haul differential factor of $0.50/ton/mile was added to each per ton unit price to account for fuel and trucking costs for hauling materials from each plant location. ANALYSIS: Staff has analyzed and checked the bids for accuracy and recommends awarding the contract to Peter Baker and Son Company of Lake Bluff, Illinois. This is a unit price contract and the final contract cost will be based on actual final quantities. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. RECOMMENDATION: Therefore, if Council concurs, it is recommended to award the bid to Peter Baker and Son Company of Lake Bluff, Illinois for the 2020 Hot Mix Asphalt (FOB) Materials Contract in the amount of $46.00/ton for HMA Surface Mixture and $42.00/ton for HMA Binder Mixture. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. ®Illinois TranspDepartment of ortation Local Public Agency: City of McHenry Date: 3/12/2020 County: McHenry Time: 10:00 AM Section: 21-nnn00-W-aM Anor Estimate?pdabon: 102.000.00 Attended By: See Attached Attendance Sheet HMA SC, IL 9.6. NW HMA BC, IL 19.0, NW TON w0 TON 1000 Tabulation of Bids (Base Bid) Name of Bidder: Address of Bidder. PETER BAKER & SON CO. CURRAN CONTRACTING COMPANY ARROW ROAD CONSTRUCTION CO. GESKE & SONS, ING. 32245 N. Fox Lake Road 6005 Meyer Drive 33W760 Bob, Road 4020 Northwest Hwy. Lakemoor, IL 60050 McHenry, IL 60050 Algonquin, IL 00102 Crystal Lake, IL 60014 Proposal Guarantee: Terms: Bid Bond Bid Bond Cashier's Check Bid Bond Approved Engineers Estimate Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 50.0000 $ 50,000.00 46.0000 5 48,000.00 45.5000 S 45,500.00 53.2500 $ 53,250.W 59., $ 59,500.00 52.0000 $ 52.000.00 42.001 $ 42,000.00 47.50W $ 47-SM 00 49.7500 $ 49,750.00 54.0000 $ 54,oc000 $ $ a $ $ $ s s a $ As Read 66,D00.00 93,000.00 10sDD0.00 113,5DDoD To a Bid: As Celaleled: 6a,t1W.00 93,000.00 103,000.00 173,500.00 McHenry City Council Meeting Minutes 4.20.20 MINUTES REGULAR CITY COUNCIL MEETING Remote Meeting via Zoom Monday, April 20, 2020, 7:00 p.m. Call to Order: The City Council of the City of McHenry, Illinois, met in regular session on Monday, April 20, 2020, at 7:00 p.m. The meeting was held remotely via Zoom in compliance with the Open Meetings Act per the State of Illinois Executive Order 2020-07. Roll Call: City Clerk Trisha Ramel called the roll. Members present: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller, and Mayor Jett. Others present: Attorney McArdle, Administrator Morefield, Director of Public Works Strange, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Development Martin, Chief of Police Birk, and City Clerk Ramel. Public Hearing: Mayor Jett opened the Public Hearing at 7:01 p.m. for the proposed Fiscal Year 2020/2021 Budget. There were no comments from the public. A motion was made by Alderman Santi and seconded by Alderman Harding to close the public hearing at 7:02 p.m. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Harding, Alderman Glab, Alderman Schaefer, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays; 0-abstained. Motion carried. Motion to adopt the Fiscal Year 2020/2021 Budget: A motion was made by Alderman Mihevc and seconded by Alderwoman Miller to adopt the Fiscal Year 2020/2021 Budget as presented. Alderman Glab stated that he is certain that the budget will be adjusted in the next couple of months with sales tax revenues and other incomes dropping. There are so many unknowns as nobody has been through this situation before. He believes the staff has done the best they can in preparing the budget. Roll Call: Vote: 7-ayes: Alderman Mihevc, Alderwoman Miller, Alderman Santi, Alderman Harding, Alderman Glab, Alderman Schaefer, Alderman Devine. 0- nays; 0-abstained. Motion carried. Clerk’s note: City Clerk Trisha Ramel was disconnected from the remote meeting due to internet connectivity issues. Deputy Clerk Monte Johnson assumed the duties of the Clerk for the remainder of the meeting. Public Comments: There were no comments from the public. Motion to Approve the Following Consent Agenda Items: City of McHenry Council Meeting Minutes 3.16.20 A. Approve Authorization #1 & Final to Trees R Us, Inc. of Wauconda, Illinois, for the 2019-2020 City Trimming and Pruning Contract in the amount of 13,043.50; B. Approve and award bid for the expansion of the washroom building in Veterans Memorial Park to S.H. Freund and Sons for $168,646.58 as presented; C. April 6. 2020, City Council Meeting Minutes; D. Issuance of Checks in the amount of $167,645.63; E. Issuance of As Needed Checks in the amount of $165,250.31. A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve the Consent Agenda items as presented. Alderman Santi asked in regards to item 6.B. if this was something we were going to consider doing in late spring or summer months. Director Hobson explained that the Parks Developer Donation Fund was being used and had been planned for. There are unknowns regarding the summer events schedule. If the work gets completed sooner than later, the facility will be open and ready to go when things get back to normal. It is estimated to take about a month or six weeks to complete depending on the weather. Alderwoman Miller asked how construction will affect the current sidewalks, the slopes, and how it comes together in the back. Director Hobson explained that they will work to flatten the area and how it will slope up to the storage closet. There will probably be a step instead of a slope to the storage closet, but the restrooms will be handicap accessible. Roll Call: Vote: 7-ayes: Alderman Santi, Alderwoman Miller, Alderman Schaefer, Alderman Harding, Alderman Glab, Alderman Mihevc, Alderman Devine. 0-nays, 0-abstained. Motion carried. Motion to approve the 2020/21 Liquor License Renewals and to pass an Ordinance amending the number of Class A, B, and C licenses in force at any time. A motion was made by Alderman Schaefer and seconded by Alderman Santi to approve the 2020/21 Liquor License Renewals and to pass an Ordinance amending the number of Class A, B, and C licenses in force at any time. Alderman Schaefer asked if there have been any changes to the list of businesses that have not yet submitted their paperwork. Deputy Clerk Johnson explained that there have been some businesses that have turned in renewals in the past week. He will email updated lists to the Council following the meeting. Alderman Schaefer wanted to make sure those people that got loans approved from the City did turn in their liquor applications. Roll Call: Vote: 7-ayes: Alderman Schaefer, Alderman Santi, Alderwoman Miller, Alderman Harding, Alderman Glab, Alderman Mihevc, Alderman Devine. 0-nays, 0-abstained. Motion carried. Motion to approve the 2020/21 Video Gaming License Renewals City of McHenry Council Meeting Minutes 3.16.20 Alderwoman Miller asked if more businesses have submitted their applications in the last week and Deputy Clerk Johnson will get an updated Video Gaming list to Council following the meeting. Alderman Santi asked what the process would be if a business wants to increase their number of terminals in the middle of a fiscal year. He noticed that Main Street Station went from two to four terminals the previous year. It was agreed that if any business requested additional terminals in the middle of the year, the issue would be brought before Council for approval. Deputy Clerk Johnson will research the issue with Main Street Station and what process they went through to increase from two to four terminals. Alderman Schaefer asked where each business stood in regards to the new video gaming development agreements that are now required. City Administrator Morefield explained that he visited each business and has met with each establishment owner to go over their requirements and agreements. All but four of the license holders have complied with their new agreements and are complaint. The four remaining businesses still have some construction that must be done and they have been given another month to complete the requirements because of issues with the COVID-19 situation. A motion was made by Alderman Santi and seconded by Alderman Schaefer to approve the 2020/21 Video Gaming Renewals as presented. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Schaefer, Alderwoman Miller, Alderman Harding, Alderman Glab, Alderman Mihevc, Alderman Devine. 0-nays, 0-abstained. Motion carried. Mayor’s Report: Mayor Jett reported the passing of Mark Amore and announced his services will be on Tuesday and Wednesday. He explained that he was a true leader and a mentor to many in the community. This is a tragic loss and his prayers are with the family, the firefighters, and first responders that knew him. Staff Reports: Alderman Glab stated there was a discussion at the last meeting about Lafarge and possibly letting the company split the payments owed to the City. He feels that the City should collect payments as stated in the agreement because the City has budgeting issues that will need to be dealt with. Alderman Schaefer stated that if they have a true hardship, and if the City has a cash flow situation, it might make sense to have them make monthly payments. City Administrator Morefield explained that he already sent a letter to Lafarge requesting full payment as stated in the agreement. Due to budgeting concerns of the City and with the fiscal year starting May 1st, it helps in planning to know that the City has the full amount already in an account instead of waiting for the money. Alderman Glab asked if the City has any authority in businesses regarding requiring employees to wear masks. Some constituents have expressed concern that they and fellow employees aren’t required to wear masks at work, and it appears that everybody feels safer when people wear protective equipment. Chief Birk explained that this issue has been discussed internally for over a week. City of McHenry staff is required to wear masks when they are in the building even though it is not open to the public. Workers need to be able to protect themselves from each other. City of McHenry Council Meeting Minutes 3.16.20 The Governor’s Executive Order as it stands now does not require the use of personal protective equipment (PPE) for employees at work or for citizens out in the public. Each store could create its own policy. Chief Birk has been monitoring other municipalities that have put restrictions in place. The Mayor could pass an Executive Order to require PPE within the corporate limits of the City of McHenry, although it could be difficult to regulate and it could be tricky how to word such an order. The Governor is also expected to give a new order and may alter the stay-at-home order. The use of PPE may be included in the State’s order. There are three routes that the City could take at this point: 1) don’t change anything and let each business form its own PPE policy, 2) have Mayor Jett give a new Executive Order with wording that includes the use of PPE, or 3) follow the State’s lead, as they are expected to come out with wording that would take care of the situation. If the State does not come up with an order that includes the use of PPE, the City could then enact one. Educating the public would be very important. Another issue would be that not everybody has access to PPE. Alderman Glab asked about the timing of a proposed City wide trash pickup. Considering the stance that Prairieland is taking with bulk items, he believes it would be best to delay the event. Director Strange will be having discussions with Prairieland about the timing of an event, and the City would not want to have a trash pickup day with the current restrictions in place. Director Strange will keep the Council informed of any plans moving forward. A motion was made Alderman Glab and seconded by Alderwoman Santi to adjourn the meeting at 7:41 p.m. Roll Call: Vote:7-ayes: Alderman Glab, Alderman Santi, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nay, 0-abstained. Motion carried. Wayne Jett, Mayor Monte Johnson, Deputy Clerk Expense Approval Register McHenry, IL List of Bills Council Meeting - 5-4-2020 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: AMB SHEETMETAL AMB SHEETMETAL INV0009859 04/30/2020 OVERPAID PERMIT FEE 100-00-3410 25.00 Vendor AMB SHEETMETAL Total: 25.00 Vendor: COMED COMED INV0009899 04/30/2020 UTIL 100-33-5520 17.62 COMED INV0009900 04/30/2020 UTIL 510-31-5510 1,982.48 COMED INV0009901 04/30/2020 UTIL 100-33-5520 28.44 COMED INV0009901 04/30/2020 UTIL 100-45-5510 78.55 COMED INV0009901 04/30/2020 UTIL 400-00-5510 1,962.33 COMED INV0009902 04/30/2020 UTIL 510-31-5510 3,944.20 COMED INV0009902 04/30/2020 UTIL 510-32-5510 7,541.48 Vendor COMED Total: 15,555.10 Vendor: EBY GRAPHICS INC EBY GRAPHICS INC 6368 04/30/2020 VEHICLE GRAPHIC 100-22-8300 475.00 Vendor EBY GRAPHICS INC Total: 475.00 Vendor: FOX VALLEY FIRE & SAFETY FOX VALLEY FIRE & SAFETY IN00348645 04/30/2020 MUNICIPAL RADIO MAINT 225-00-5110 1,371.50 Vendor FOX VALLEY FIRE & SAFETY Total: 1,371.50 Vendor: HLR HLR 20200530 04/30/2020 BV PHASE I BIKE PATH 440-00-8900 1,060.00 HLR 20200532 04/30/2020 BARREVILLE RD WING WALL 100-01-8900 8,136.25 Vendor HLR Total: 9,196.25 Vendor: HRGREEN HRGREEN 132329 04/30/2020 WATER TOWE MARINA STORM 740-00-5220 490.00 Vendor HRGREEN Total: 490.00 Vendor: ILLINOIS TITLE LOANS ILLINOIS TITLE LOANS P2003030 04/30/2020 TERMPORARY SIGN PERMIT 100-00-3410 30.00 Vendor ILLINOIS TITLE LOANS Total: 30.00 Vendor: NICOR GAS NICOR GAS INV0009903 04/30/2020 UTIL 100-42-5510 692.74 NICOR GAS INV0009903 04/30/2020 UTIL 100-43-5510 148.36 NICOR GAS INV0009903 04/30/2020 UTIL 100-45-5510 308.94 NICOR GAS INV0009903 04/30/2020 UTIL 100-46-5510 60.88 NICOR GAS INV0009904 04/30/2020 UTIL 510-31-5510 909.61 NICOR GAS INV0009904 04/30/2020 UTIL 510-32-5510 6,941.46 Vendor NICOR GAS Total: 9,061.99 Vendor: SCHILLER, KATHRYN SCHILLER, KATHRYN 265031 04/30/2020 PGM CXL 100-41-3636 80.00 Vendor SCHILLER, KATHRYN Total: 80.00 Vendor: US BANK EQUIPMENT FINANCE US BANK EQUIPMENT FINANCE 412310583 04/30/2020 RICOH PW 620-00-6210 336.21 Vendor US BANK EQUIPMENT FINANCE Total: 336.21 Vendor: WESTON, ANGELA WESTON, ANGELA 265095 04/30/2020 REF 100-41-3636 30.00 Vendor WESTON, ANGELA Total: 30.00 Grand Total: 36,651.05 4/29/2020 2:02:46 PM Expense Approval Register Packet: APPKT01803 - 5-4-2020 AP CKS Fund Summary Fund Expense Amount 100 - GENERAL FUND 10,111.78 225 - ALARM BOARD FUND 1,371.50 400 - RECREATION CENTER FUND 1,962.33 440 - CAPITAL IMPROVEMENTS FUND 1,060.00 510 - WATER/SEWER FUND 21,319.23 620 - INFORMATION TECHNOLOGY FUND 336.21 740 - RETAINED PERSONNEL ESCROW 490.00 Grand Total: 36,651.05 4/29/2020 2:02:46 PM Expense Approval Register McHenry, IL #2 List of Bills Council Meeting 5-4-20 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: A-ABLE ALARM SERVICE INC A-ABLE ALARM SERVICE INC 66700 04/30/2020 KEYS 100-03-5120 105.00 Vendor A-ABLE ALARM SERVICE INC Total: 105.00 Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, R A S023423 04/30/2020 hitch plate 100-33-5370 18.14 Vendor ADAMS ENTERPRISES INC, R A Total: 18.14 Vendor: ADAMS STEEL SERVICE & SUPPLY, INC ADAMS STEEL SERVICE & 361931 04/30/2020 Dryer-Nitrogen bottle materials 510-32-5375 46.40 Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total: 46.40 Vendor: ARAMARK ARAMARK 22315495 04/30/2020 Ron Barta Clothing Allowance 100-33-4510 122.15 Vendor ARAMARK Total: 122.15 Vendor: AT&T AT&T 9662 04/30/2020 AT&T IPFlex 620-00-5320 929.82 Vendor AT&T Total: 929.82 Vendor: BIG SKY COMMUNICATIONS, INC BIG SKY COMMUNICATIONS, 80591 04/30/2020 HEADSET PARTS 100-23-6110 135.00 Vendor BIG SKY COMMUNICATIONS, INC Total: 135.00 Vendor: DIRECT FITNESS SOLUTIONS DIRECT FITNESS SOLUTIONS 0558394-IN 04/30/2020 Direct Fitness Solutions - Bikes 400-40-5375 175.00 Vendor DIRECT FITNESS SOLUTIONS Total: 175.00 Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS I151271 04/30/2020 Post Aeration Pulley 510-32-5375 84.73 Vendor DREISILKER ELECTRIC MOTORS INC Total: 84.73 Vendor: GALLS LLC GALLS LLC 015416719 04/30/2020 UNIFORM ORDER - VASQUEZ 100-23-4510 243.00 GALLS LLC 015416736 04/30/2020 UNIFORM ORDER - COX 100-23-4510 35.63 GALLS LLC 015425971 04/30/2020 UNIFORM ORDER - SEXTON 100-22-4510 585.57 GALLS LLC 015471896 05/04/2020 UNIFORM ORDER - SPOHN 100-22-4510 333.65 GALLS LLC 015480983 04/30/2020 UNIFORM ORDER - FUNK 100-22-4510 90.51 GALLS LLC 015490996 04/30/2020 UNIFORM ORDER - SPOHN 100-22-4510 94.72 GALLS LLC 015491958 04/30/2020 UNIFORM ORDER - SPOHN 100-22-4510 35.02 GALLS LLC 015503269 04/30/2020 UNIFORM ORDER - DURBAND 100-23-4510 44.97 Vendor GALLS LLC Total: 1,463.07 Vendor: HARM'S FARM HARM'S FARM 28030 04/30/2020 Landscape Supplies 100-45-6110 6,476.00 Vendor HARM'S FARM Total: 6,476.00 Vendor: IN-PIPE TECHNOLOGY COMPANY INC IN-PIPE TECHNOLOGY 1711 04/30/2020 Monthly service fee 510-32-5110 7,750.00 Vendor IN-PIPE TECHNOLOGY COMPANY INC Total: 7,750.00 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 7886541 05/04/2020 corona spray 100-33-5370 96.96 KIMBALL MIDWEST 7886981 04/30/2020 stock 100-33-5370 309.07 Vendor KIMBALL MIDWEST Total: 406.03 Vendor: KIWANIS CLUB OF MCHENRY KIWANIS CLUB OF MCHENRY 10015 04/30/2020 Kiwanis - Meetings 100-46-6110 60.00 Vendor KIWANIS CLUB OF MCHENRY Total: 60.00 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC P03992 04/30/2020 keys 448 100-33-5370 13.00 Vendor MCCANN INDUSTRIES INC Total: 13.00 4/29/2020 2:15:56 PM Expense Approval Register Packet: APPKT01807 - 5-4-20 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: MIDCO MIDCO 343709 04/30/2020 Midco - Phone System 620-00-5110 120.00 MIDCO 343710 04/30/2020 Midco - Phone Sytem 620-00-5110 80.00 Vendor MIDCO Total: 200.00 Vendor: MIDWEST METER INC MIDWEST METER INC 0120246-IN 04/30/2020 Inv#120246(54) M25 Meter 510-31-6110 3,671.75 Vendor MIDWEST METER INC Total: 3,671.75 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 94055 04/30/2020 Blank Water Bills for CCR 510-31-5310 630.88 MINUTEMAN PRESS OF MCH 94077 04/30/2020 fleet repair forms 100-33-6210 112.61 Vendor MINUTEMAN PRESS OF MCH Total: 743.49 Vendor: MOTOROLA SOLUTIONS - STARCOM21 NETWORK MOTOROLA SOLUTIONS - 8280948211 04/30/2020 BATTERIES 100-22-6210 197.10 Vendor MOTOROLA SOLUTIONS - STARCOM21 NETWORK Total: 197.10 Vendor: PETROCHOICE LLC PETROCHOICE LLC 11267120 04/30/2020 FUEL 11267120 100-22-6250 1,786.66 PETROCHOICE LLC 11289797 05/04/2020 Fuel - WW - 11289797 510-32-6250 240.98 PETROCHOICE LLC 11289798 04/30/2020 Fuel - WTR - 11289798 510-31-6250 66.25 PETROCHOICE LLC 11289800 04/30/2020 FUEL 11289800 100-22-6250 1,399.87 Vendor PETROCHOICE LLC Total: 3,493.76 Vendor: RED ARROW SALES RED ARROW SALES 11177 04/30/2020 FACE MASKS 100-22-6110 1,875.00 Vendor RED ARROW SALES Total: 1,875.00 Vendor: SCHOPEN PEST SOLUTIONS INC SCHOPEN PEST SOLUTIONS INC 176954 04/30/2020 Recreation Center Pest Control 400-00-5110 75.00 SCHOPEN PEST SOLUTIONS INC 202828 04/30/2020 Recreation Center Pest Control 400-00-5110 80.00 Vendor SCHOPEN PEST SOLUTIONS INC Total: 155.00 Vendor: SENCOMMUNICATIONS INC SENCOMMUNICATIONS INC IN0969852 04/30/2020 HEADSET REPAIR 100-23-6110 25.00 Vendor SENCOMMUNICATIONS INC Total: 25.00 Vendor: STANS LPS MIDWEST STANS LPS MIDWEST 352555 04/30/2020 Monthly Page Count (HP9000 - 620-00-6210 27.64 Vendor STANS LPS MIDWEST Total: 27.64 Vendor: TEAM REIL INC TEAM REIL INC 22199 05/04/2020 Park Playground 400-00-8800 14,625.00 Vendor TEAM REIL INC Total: 14,625.00 Vendor: TREDROC TIRE/ANTIOCH 002 TREDROC TIRE/ANTIOCH 002 7020034290 04/30/2020 flat repair 448 100-33-5370 529.95 TREDROC TIRE/ANTIOCH 002 7020034406 04/30/2020 409 100-33-5370 515.20 Vendor TREDROC TIRE/ANTIOCH 002 Total: 1,045.15 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 077227 04/30/2020 INSTALL EQUIPMENT 314 100-22-8300 2,448.17 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 2,448.17 Vendor: VERIZON WIRELESS VERIZON WIRELESS 9851784730 04/30/2020 Verizon Cell Phones 620-00-5320 2,467.75 Vendor VERIZON WIRELESS Total: 2,467.75 Grand Total: 48,759.15 4/29/2020 2:15:56 PM Expense Approval Register Packet: APPKT01807 - 5-4-20 RECT INVOICE Fund Summary Fund Expense Amount 100 - GENERAL FUND 17,687.95 400 - RECREATION CENTER FUND 14,955.00 510 - WATER/SEWER FUND 12,490.99 620 - INFORMATION TECHNOLOGY FUND 3,625.21 Grand Total: 48,759.15 State of Illinois County of McHenry City of McHenry SECOND CONTINUATION OF DECLARATION OF LOCAL STATE OF EMERGENCY IN THE CITY OF MCHENRY, ILLINOIS On March 16, 2020 and April 6, 2020, I, Wayne S. Jett, the Mayor of the City of McHenry declared a Local State of Emergency in the City of McHenry in response to the Coronavirus disease 2019 (COVID-19) with the most recent declaration in effect until May 4, 2020. Pursuant to the authority vested in the office of Mayor by the Illinois Municipal Code in Section 5/11-1-6, the Illinois Emergency Management Agency Act in Section 3305/11, and the Municipal Code of the City of McHenry in Section 6-1-15, I, Wayne S. Jett, the Mayor of City of McHenry do hereby declare that a Local State of Emergency still exists as of this date, May 4, 2020, and shall continue until June 1, 2020. I find that an emergency, as defined in Section 6-1-15 of the Municipal Code of the City of McHenry, still exists in that there is a pandemic of the Coronavirus disease 2019 (COVID-19). The following facts substantiate such a finding: • Coronavirus disease 2019 (COVID-19) is a potentially severe acute respiratory infection caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV- 2). The virus was first identified as the cause of an outbreak of pneumonia of unknown cause in Wuhan City, Hubei Province, China, in December 2019; and • On March 9, 2020, Governor J.B. Pritzker declared all counties in the State of Illinois as a disaster area; and • On March 11, 2020, the World Health Organization characterized the COVID-19 outbreak as a pandemic; and • On March 11, 2020, McHenry County Board Chair Jack D. Franks proclaimed that a disaster emergency exists for the County of McHenry; and • Following these actions, Mayor Wayne S. Jett issued a Proclamation of Local Disaster Emergency for the City of McHenry on March 11, 2020; and • Governor Pritzker has issued 32 Executive Orders relating to COVID-19, including Executive Order 2020-10 (COVID-19 Executive Order No. 8), Executive Order 2020-18 (COVID-19 Executive Order No. 16), and Executive Order No. 2020-32 (COVID-19 Executive Order No. 30) issuing a stay at home order for state residents, restricting the operations of non-essential businesses, and mandating that all public and private gatherings in the State of Illinois of ten people or more are prohibited, effective through May 30, 2020. The nature of the emergency is to control the current outbreak of the Coronavirus disease 2019 (COVID-19). During the existence of the Local State of Emergency, the Mayor shall execute such authority as provided under the Illinois Municipal Code, the Illinois Emergency Management Agency Act, and Section 6-1-15 of the Municipal Code of the City of McHenry. This Declaration of Local State of Emergency shall be filed with the City Clerk as soon as practicable. I, Wayne S. Jett, whose name is signed to this instrument, being first duly sworn, signed and executed the instrument as the Declaration of Local State of Emergency, and that I signed willingly, and that I executed it as my free and voluntary act for the purposes therein expressed. Date: May 4, 2020 By: ________________________________ Mayor Wayne S. Jett Cc: City Clerk Monte Johnson NOTARY ACKNOWLEDGMENT On May 4, 2020, personally appeared the above-named Wayne S. Jett and acknowledged the foregoing to be his free act and deed, before me. ________________________ Notary Public (Seal) Print ____________________ My Commission Expires: ________________ Z:\M\McHenryCityof\COVID-19\Cont Declaration of State of Emergency 2nd.docx THIRD CONTINUATION OF EFFECTIVE DATES OF THE MARCH 11, 2020 PROCLAMATION BY THE MAYOR OF LOCAL DISASTER EMERGENCY IN THE CITY OF McHENRY, ILLINOIS On March 11, 2020, the Mayor of the City of McHenry issued a Proclamation of Local Disaster Emergency in response to the well-publicized Coronavirus disease 2019 (COVID-19) for a limited timeframe of seven (7) days. On March 16, 2020 and April 6, 2020, the Mayor of the City of McHenry and the City Council continued the Proclamation with the most recent Proclamation in effect until May 4, 2020. In accordance with the Illinois Emergency Management Act, 20 ILCS 3305/1, et seq., and the Municipal Code, City of McHenry, Illinois, Section 6-1-14, Declaration of Local Emergency, we, Wayne S. Jett, Mayor of the City of McHenry, and the City Council do hereby proclaim that a local disaster emergency still exists in the City of McHenry due to ongoing Coronavirus disease 2019 (COVID-19) concerns in the City of McHenry and McHenry County. The purpose is to activate the response and recovery aspects of any and all applicable local or interjurisdictional disaster emergency plans, to authorize the furnishing of aid and assistance thereunder, and to bring this to as quick of a conclusion as possible. The City of McHenry’s emergency operations plans are hereby activated for the best interest of the residents of the City of McHenry. This Proclamation is effective on May 4, 2020 and shall continue to June 1, 2020. Voting Aye: Voting Nay: Absent: Abstain: APPROVED: Mayor Wayne S. Jett (SEAL) ATTEST: City Clerk Monte Johnson Passed: Approved: Z:\M\McHenryCityof\COVID-19\Coronavirus 3rd Cont Proclamation of Disaster City Council.docx Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FOR: May 4, 2020 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Z-960 — Minor Variance to allow a rear yard setback of 11 feet. ATT: 1. Location Map 2. Unapproved Planning and Zoning Commission Minutes dated April 15, 2020 3. Ordinance granting a Minor Variation to allow a rear yard setback of 11 feet in lieu of the required 25 feet. 5. Application Packet AGENDA ITEM SUMMARY: The owner of the property is requesting approval of a minor variation to allow a rear yard setback of 11 feet in lieu of the required 25 feet to accommodate an expansion of the existing attached garage located at 5313 W. Shore Drive McHenry, IL 60050. BACKGROUND: The owner of the property is requesting approval of a minor variation to allow a rear yard setback of 11 feet in lieu of the required 25 feet to accommodate an 18'x24' expansion of the existing attached garage. The Zoning Ordinance defines the front lot line of corner lots as the shortest street line. The space between the east lot line and house would be considered the subject property's rear yard as defined by §11-3-1 of the Zoning Ordinance. ANALYSIS: The subject property is located on a corner lot. Section 11-3-1 of the Zoning Ordinance defines the front lot line of corner lots as the shortest street line. Although the single-family residence fronts to the north, the Zoning Ordinance defines the subject property's front yard to be the west property line which is the shortest length. Property owners of corner lots with houses that front the corner -side street lot line often experience setback issues during plan review. Property owners assume it is their interior side yard which allows for a structure within 10 feet of the property line. Staff believes property owners in these situations have an inherent hardship. Staff Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org did not receive any objections from neighboring residents. The Planning and Zoning Commission unanimously recommended approval on April 15, 2020. RECOMMENDATION: Therefore, if the City Council concurs it is recommended the attached ordinances granting a minor variance for the property at 5313 W. Shore Drive be approved (Mayor and City Council vote -simple majority). Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org LOCATION MAP: 5313 W. Shore Drive MCQ lJLL(7[1 ;l'..- 61aA I it+ Kwa, PLANDERS ROAD Occ YO N RSf COURT WOODLAND DRIVER Y < ff O O ? o HIGHLAND DRIVE H Q c` WONDERO; 3 LAKE z a < HILLSIDE DRIVE ? r� m .0i eEACh AVEAluf z ORCHARDWAY DRIVE PUUSIf! ROAD AD p EUCLID DRIVE s z O W WEST SHORE DRIVE a W CLEVELAND DRIVE SHERMAN ROAD W s it (� w RRITfANY DRIVE z Q+DiVE s w s o QOG� MCHENRY O SHERMAN DRIVE w < PARKLAND N w z Y i SCHOOL O PRAIRIE AVENUE HILL STREET ac WILLOW LANE i... i+.= _ ` 2 Copyright County of McHenry 2020. ° All information is provided 'as -is' with ` " a t guarantee of accuracy, completeness, or c rency. EiMST p McHf NRf1 1N E*5OR1 H z = OME L, AyEh'DE Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Unapproved Planning and Zoning Commission Minutes dated April 15, 2020 Public Hearing: Paul Reding Z-960 5313 W Shore Dr. Minor Variance to Allow a Rear Yard Setback Variance to accommodate an 18'x24' expansion of the existing attached garage Chairman Strach called the Public Hearing to order at 7:30 p.m. regarding File No. Z-960 an application for a minor variation to allow a rear yard setback of 11 feet in lieu of the required 25 feet to accommodate an 18'x24' expansion of the existing attached garage at 5313 W. Shore Dr. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and 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. Paul Reding, 5313 Shore Dr., property owner, stating he is asking for a minor variance for his property. City Planner Sheriff gave the Staff Report stating the applicants are requesting minor variation to allow a rear yard setback of 11 feet in lieu of the required 25 feet to accommodate expansion of the existing attached garage on the subject property. The subject property is currently zoned RS-3 Medium -High Density Single -Family Residential. The subject property is located on a corner lot. Property owners of corner lots with houses that front the corner -side street lot line often experience setback issues during plan review. Property owners assume it is their interior side yard which allows for a structure within 10 feet of the property line. Staff believes property owners in these situations have an inherent hardship. Staff does not object to the applicant's request and recommends approval of a minor variation to allow a rear yard setback distance of 11 feet in lieu of the required 25 feet to accommodate the expansion of the existing garage and Staff believes all Zoning Variance Approval Criteria are met. �-�"•� Department of Community Development ,r McHenry Municipal Center 333 Green Street v .r+ McHenry, Illinois 60050 _ Phone: (815) 363-2170 McHenrwww.cityofmchenry.org Fax: (815) 363-2173 Chairman Strach invited questions and/or comments from the Commission. There were no questions from the Commissioners. 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 7:45 p.m. Motion by Doherty seconded by Lehman to recommend to the City Council with regard to File No. Z-960, approval of a minor variation to allow a rear yard setback distance of 11 feet in lieu of the required 25 feet to accommodate the expansion of the existing garage and that all Zoning Variance Approval Criteria are met. Commissioner Sobotta lost connection from the Zoom meeting. Roll Call: Vote: 5-ayes: Commissioners Doherty, Lehman, Strach, Walsh, and Thacker. 0-nay, 0- abstained, 2-absent: Gurda, Sobotta. Motion Carried. Chairman Strach closed the Public Hearing regarding File No. Z-960 at 7:50 pm. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 20- AN ORDINANCE GRANTING A MINOR VARIANCE TO ALLOW A REAR YARD SETBACK OF 11 FEET IN LIEU OF THE REQUIRED 25 FEET TO ACCOMMODATE THE EXPANSION OF THE EXISTING GARAGE AT THE PROPERTY COMMONLY KNOWN AS 5313 W. SHORE DRIVE, MCHENRY, IL 60050. 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 Paul Reding (Owner of Record), requesting a Minor Variance to allow a rear yard setback of 11 feet in lieu of the required 25 feet to accommodate the expansion of the existing garage for the property located at 5313 W. Shore Drive and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on April 15, 2020 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Minor Variance; 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 Minor Variance 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 Minor Variance from §11- 813-1: Table 1; Residential Districts Requirements from the City of McHenry Zoning Ordinance to allow a rear yard setback of 11 feet in lieu of the required 25 feet to accommodate the expansion of the existing garage. SECTION 2: In granting said Minor Variance, the City Council finds that the Approval Criteria for Variances identified in §11-19-5 of the City of McHenry Zoning Ordinance have been met. may Department of Community Development McHenry Municipal Center 333 Green Street �^ McHenry, Illinois 60050 Phone: (815) 363-2170 McHenrwww.cityofmchenry.org Fax: (815) 363-2173 SECTION 7: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 8: 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 9: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF 2020 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF 2020 MAYOR ATTEST: CITY CLERK Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Exhibit A Legal Description of the Subject Property LOT 88 IN BRITTANY PARK, A SUBDIVISION OF LOT 7 OF THE COUNTY CLERK'S PLAT OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 13, 1976 AS DOCUMENT NUMBER 671850, IN MCHENRY COUNTY, ILLINOIS. Commonly known as: 5313 W. Shore Drive, McHenry, IL 60050 FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number �CA � c) 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 1. Name of Applicant "Gic { Tel Address _ J 3I -3 LJ .. 5'Aioxe,n'1 c. �1 tir �� Fax 2. Name of Property Owner Tel (If other than Applicant) Address Fax 3. Name of Engineer Tel (If represented) Address Fax 4. Name of Attorney Tel (If represented) Address Fax 5. Common Address or Location of Property A 9e,, v-,t r t- C,005-0 6. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) --,/Zoning Variance - Minor Conditional Use Permit — Zoning Text Amendment Zoning Variance — Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: o/-1 4 tit' FORM A Pagel of 3 7. Current Use of Property ---- `4� i !1 cl �C�.M i �� f�Y'�/i t✓` 2/L �l N 8. Current Zoning Classification of Property, Including Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: Rt.C.') South: l� 5 ' `� n�� C — ���,1 �l R���(.@ e� �; �c• East: 11 S `I �Ji 1�� � 7"tyyV� ��ct +6f A'kicO West: IDS �� 5;1�,1P M���l RP'C7 C/1 �►G 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. Y1. Application Fee (amount) $ L —2. Narrative Description of Request 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application 5. FORM C — Conditional Use Application �_6. FORM D — Zoning Variance Application 7. FORM E — Use Variance Application _K8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit _9. Plat of Survey with Legal Description __�Z_10. List of Owners of all Adjoining Properties _11. Public Hearing Notice _12. Sign (Provided by the City, to be posted by the Applicant) _13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis 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. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) FORM A Page 3 of 3 �Illl llllllliflll8!I!IIIIIII0IIIIIiIItlIIIRllllllllllllll II'III MAIL TO: �w a �. 6 _j(1) 16 1/16 h SPE L WARRANTY DEED t­� (CORPORATION TO INDIVIDUAL) ) ILLINOIS MCHENRY COUNTY RECORDER PHYLLIS K. 0LTERS 2008R0001713 01/10!2008 02:31PH PAGES 3 RECORDING FEE 32.00 COUNTY STAMP FEE 72.50 STATE STAMP FEE 145.00 RHSPS HOUSING FEE 10.00 THIS INDENTURE, made this 3�_th day of L-)�C,CV1,kR , 2007., between U.S. Bank, National Association, as Trustee under Pooling and Servicing Agreement dtd as of 11/1/05 Mastr Asset -Backed Securities Trust 2005-FRE1 Mortgage Pass -Through Certificates, Series 2005-FRE1, a corporation created and existing under and by virtue of the laws of the State of 5� CC�andPaul and duly authorized to transact business in the State of ILLINOIS, party of the first part, R. Reding, party of the second part, WITNESSETH, that the party of the first part, for and in consideration of the sum of $10.00 (Ten dollars and no/100s) in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, and pursuant to authority of the Board of Directors of said corporation, by these presents does REMISE, RELEASE, ALIEN AND CONVEY unto the party of the second part, and to their heirs and assigns, FOREVER, all the following described real estate, situated in the County of Mehenry and the State of Illinois known and described as follows, to wit: SEE ATTACHED EXHIBIT A SUBJECT TO ANY AND ALL COVENANTS, CONDITIONS, EASEMENTS, RESTRICTIONS AND ANY OTHER MATTERS OF RECORD. Together with all and sipgular the hereditament and appurtenances thereunder belonging, or in otherwise appertaining, and the reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim or demand whatsoever, of the party of the first part, either in law or equity, of, in and to the above described premises, with the hereditament and appurtenances: TO HAVE AND HOLD the said premises as above described, with the appurtenances, unto the part of the second part, their heirs and assigns forever. The Grantor promises or covenants to defend title to the property from and against all lawful claims and demands of all persons claiming by, through or under Grantor and none other. PERMANENT REAL ESTATE INDEX NUMBER(S): 09-28-227-009 PROPERTY ADDRESS(ES): 5313 Shore Drive, McHenry, IL, 60050 IT WITNESS WHEREOF, said party of the first part has caused by its President and (% Secretary, the day and year first above written. A (. � r _! 7 N I� ram, I L I l« 1 11_� i PLACE CORPORATE U.S. Bank, National Association, as Trustee under Pooling and Servicing Agreement dtd as of 1111105 Mastr Asset - Backed Securities Trust 2005-FRET Mortgage Pass -Through Certificates, Series 2005-FRE1 '�Z4r ,�✓142X/!.a/�444 B a n s 011'1 is c S h ii C n By: Barclays Capital Real Estate Inc., a Delaware Corporation, dba HomEq Servicing as Attorney in Fact SEAL HERE STATE OFAQR•.W\ tdot�_ 1 COUNTY OF ) a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that g n i d l i 1r W a S_h h kl r n , personally known to me to be thep%W�President for U.S. Bank, National Association, as Trustee under Pooling and Servicing Agreement dtd as of 11/1/05 Mastr Asset -Backed Securities Trust 2005-FRE1 Mortgage Pass -Through Certificates, Series 2005-FREI, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as the CO;:� \/[CQ President, he signed and delivered the said instrument their free and voluntary act, and as the free and voluntary act and deed for the uses and purposes therein set forth. GIVEN under my hand and official seal this � t day of , 2007. J112, Ao f f I U /I ' /l, NOTARY PUBLIC My commission expires: ®aoq°®4aeATS®0,vf e gg>A,�® This Instrument was prepared by PIERCE & ASSOCIATES, P.C., my G'Tm I North Dearborn, Suite 1300, Chicago, IL 60602 Juiy 10, 2012 BY:� Meeghan Holly Aes� � PLEASE SEND S ASEQUENT. TA B�L S,TO: �® cofirpolol"(" <®®®° st' - /.�f � e 0 0 44/0 l� 64 EXHIBIT A LOT 88 IN BRITTANY PARK, A SUBDMSION OF LOT 7 OF THE COUNTY CLERK'S PLAT OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 13, 1976 AS DOCUMENT NUMBER 671850, IN MCHENRY COUNTY, ILLINOIS. Commonly known as: 5313 Shore Drive, McHenry, IL 60050 11 FORM D File Number Welai.ce I lall K I.coy Planning and Zoning Commission City of McHenry 333 South Green Street o McHenry, IL 60050 - Tel: (815) 363-2170 - Fax: (815) 363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your quest. 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 tomake it reasonably practical to provide a general regulation to cover them. Oc?"V4, 14 l/C,,4r—d ,f.�1 -A r•r^"v��r le-" C Y'�tiFI—'- nS51 2. Circumstances Relate to Property Only Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property. e— -7 4i` o.. FORM D Pagel of 3 3. Not Resultingfrom om 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. 1 c� ('kyut.e- 17`cc� t7•GJr��/ C: c�V�s t ., n 9YY JC,S r,,�. bii � �� s i T �. "ro h� c,o� S ► �r V G-d 4. Unnecessary Hardship The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upoJnl the applicant, as distinguished from a mere inconvenience. A ram n q J -e r G � S � � � b �� \ � � s i'-f e✓ c'� �^ D c c p,,44 �/ 5. Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. I -y 4 15 4 L, 4 U - Coii1 C "t m c .-, v. t'� tocz d X-C, 0 -, �1 0 rn c - to ho V e-- ��. 3 �•c- n c�•c��-��; o �. � U.. c. �, �, �. i i, t 5 0 moo" � �et, oo.r k; -.�, ci �►� r ir,� 14, 1e 6. Necessa► y 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. FORM D Page 2 of 3 7. Not Alter Local Character The granting of a variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. `-� _ k'JUI Ld- 1 S °�c�r n �dl Zinn �, � C-y.�l` ci'T7 Gti �p � �jd`c•R�.L. S i I G ll'cw > 1 u 4. 1 In Po 5 C- C. U r Y`•zn �D �ve t)t i j =✓L..�Y1 E?rl -T �li:�•S /1 e•` S u G \ �l y S C Ae T4 ( S ✓ V C " 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. 5,• v— i s co ii P I,c--i-E ii I,-tv eAnol dv,v--,x.-z e-- 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. FORM D Page 3 of 3 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FOR: May 4, 2020 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Z-962 — Minor Variance to allow a front yard setback of 11 feet. ATT: 1. Location Map 2. Unapproved Planning and Zoning Commission Minutes dated April 15, 2020 3. Ordinance granting a Minor Variation to allow a front yard setback of 11 feet in lieu of the required 25 feet. 5. Application Packet AGENDA ITEM SUMMARY: The owner of the property is requesting approval of a minor variation to allow a front yard setback of 11 feet in lieu of the required 25 feet to accommodate the expansion of the existing garage at the property commonly known as 1610 N. Court Street, McHenry, IL 60050. BACKGROUND: The applicant is requesting approval of a minor variation to allow a front yard setback of 11 feet in lieu of the required 25 feet to accommodate a 10'x21' expansion of the existing attached garage. The expansion also includes an expansion of a bedroom. ANALYSIS: The northwest property line sits back approximately 40 feet from the roadway pavement line giving the appearance that the front yard is much larger. Staff does not believe approval of the requests will have any adverse impacts on neighboring properties. The primary concern for residents is primarily aesthetics. With the house sitting approximately 55 feet away from the street pavement line, staff does not believe the expansion will negatively impact the character of the neighborhood. Staff received no objections from the general public. The Planning & Zoning Commission unanimously recommended approval. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org If the City Council concurs it is recommended the attached ordinances granting a minor variance for the property at 1610 N. Court Street be approved (Mayor and City Council vote - simple majority). Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org LOCATION MAP: 1610 N. Court Street w Qw p ryESTREEt h 2 z L4tEfI,ORve 3RD AVENUE w w s ti `^ 1ND AVENUE z w w O z ISI AVENUE SAINT WHENRY AT TCKS ERY CORP 1Vqs h,NO T oN S(RFf! MAPLE AVENUE: 0 a 0 o � GRANS HOOT P 6�4) BRO4DST w=� REEr�ew MCHEN y 4 2 h J� O p(q,( 5(RFET h}� Cop County of McHenry 2020. ; rXcri+ Allr plpp4on is provided 'as -is' with no ,�7 4 q�jantee of accuracy, completeness, or curgency. `.t�Bk �ti'M SY RFFr Sa: LINE Fox ftar �9R tiF =W 'EGG F F 2 O WnSetrti �G PW% A% Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Unapproved Planning and Zoning Commission Minutes dated April 15, 2020 Public Hearing: Richard Meyers Z-962 1610 Court Street Minor Variance to Allow a Rear Yard Setback Setback Variance to accommodate a 10'x21' expansion of the existing attached garage which includes an expansion of a bedroom. Chairman Strach called the Public Hearing to order at 7:30 p.m. regarding File No. Z-962 an application for a minor variation to allow a rear yard setback of 11 feet in lieu of the required 25 feet to accommodate a 10'x21' expansion of the existing attached garage which includes an expansion of a bedroom at 1610 N. Court Street. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and 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 Richard Meyers, 3610 Grand Avenue, McHenry, property owner, stating he needs a variance to expand his garage to fit a regular size vehicle in it. City Planner Sheriff gave the Staff Report stating the applicant is requesting minor variation to allow a rear yard setback of 11 feet in lieu of the required 25 feet to accommodate expansion of the existing attached garage, which includes expansion of a bedroom, on the subject property. The subject property is currently zoned RS-4 High Density Single -Family Residential. The northwest property line sits back approximately 40 feet from the roadway pavement line giving the appearance that the front yard is much larger. Planner Sheriff states staff does not believe approval of the requests will have any adverse impacts on neighboring properties. The primary concern for residents is primarily aesthetics. With the house sitting approximately 55 feet away from the street pavement line, staff does not believe the expansion will negatively impact the character of the neighborhood and staff believes all Zoning Variance Approval criteria are met. Commissioner Sobotta returned to the Zoom meeting. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Chairman Strach invited questions and/or comments from the Commission. There were no questions from the Commissioners. Commissioner Thacker said this request is in line with the latitude we have extended other applicants with similar requests. 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 8:00 p.m. Motion by Doherty, seconded by Thacker to recommend to the City Council with regard to File No. Z-962, approval of a minor variation to allow a rear yard setback of 11 feet in lieu of the required 25 feet to accommodate an expansion of the existing attached garage which includes an expansion of a bedroom and that all Zoning Variance Approval Criteria are met. Roll Call: Vote: 6-ayes: Commissioners Doherty, Lehman, Sobotta, Strach, Walsh, and Thacker. 0-nay, 0-abstained, 1-absent: Gurda. Motion Carried. Chairman Strach closed the Public Hearing regarding File No. Z-962 at 7:55 pm. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 20- AN ORDINANCE GRANTING A MINOR VARIANCE TO ALLOW A FRONT YARD SETBACK OF 11 FEET IN LIEU OF THE REQUIRED 25 FEET TO ACCOMMODATE THE EXPANSION OF THE EXISTING GARAGE AT THE PROPERTY COMMONLY KNOWN AS 1610 N. COURT STREET, MCHENRY, IL 60050. 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 Richard Meyers (Owner of Record), requesting a Minor Variance to allow a front yard setback of 11 feet in lieu of the required 25 feet to accommodate the expansion of the existing garage for the property located at 1610 N. Court Street and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on April 15, 2020 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Minor Variance; 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 Minor Variance 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 Minor Variance from §11- 8D-1: Table 1; Residential Districts Requirements of the City of McHenry Zoning Ordinance to allow a front yard setback of 11 feet in lieu of the required 25 feet to accommodate the expansion of the existing garage. SECTION 2: In granting said Minor Variance, the City Council finds that the Approval Criteria for Variances identified in §11-19-5 of the City of McHenry Zoning Ordinance have been met. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org SECTION 7: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 8: 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 9: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF 2020 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF 12020 1711/�l' em ATTEST: CITY CLERK Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Exhibit A Legal Description of the Subject Property LOT 2 IN BLOCK 4 OF THE ORIGINAL PLAT OF THE VILLAGE (NOW CITY) OF MCHENRY, ON THE WEST SIDE OF THE FOX RIVER, ACCORDING TO THE PLAT THEREOF RECORDED IN THE RECORDER'S OFFICE OF MCHENRY COUNTY, ILLINOIS, IN BOOK'B' OF DEEDS, ON PAGE 160, SAID PREMISES BEING LOCATED IN AND BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS. Commonly known as: 1610 N. Court St., McHenry, IL 60050 FORM A File Number_ PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street a McHenry, IL 60050 - Tel: (815) 363-2170 - Fax: (815) 363-2173 1. Name of Applicant Tel el s 3 U % 27 Y r6 L z� L Address 3C/6 Ce f.AJ,Q 111k2C Fax 2. Name of Property Owner -Pt �,/!K U 7f Ju 0 Tel (If other than Applicant) _ Address Ph -Yak-S , R X 7 A� �r / Fax 3. Name of Engineer Ih of K+'l % , jf, )) HAX-7- Tel (If represented) Address 8l S- 3 Fax 4. Name of Attorney Tel (If represented) Address Fax 5. Common Address or Location of Property /4 / 0 co L) A-r- S Y 6. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) 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, or the new zoning classification that is requested: `i o a o)-/ 76o,�T o ya vs c- /t2 .vo �k�� k,✓ c �� FORM A Page 1 of 3 7. Current Use of Property kGs /ot-Y,—NL 8. Current Zoning Classification of Property, Including Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: RS-4, Vacant South: East: RS-4, Single -Family Residential RS-4, Single -Family Residential West: RS-4, Single -Family Residential 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. I. Application Fee (amount) $ 2. Narrative Description of Request 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application 5. FORM C — Conditional Use Application 6. FORM D — Zoning Variance Application 7. FORM E — Use Variance Application 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis 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. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) FORM A Page 3 of 3 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FOR: May 4, 2020 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Z-964 Conditional Use Permit to operate an assisted living and memory care facility. ATT: 1. Location Map 2. Unapproved Planning and Zoning Commission Minutes dated April 15, 2020 3. Ordinance granting a Conditional Use Permit to operate an assisted living and memory care facility. 5. Application Packet AGENDA ITEM SUMMARY: The applicants Dover Development, LLC ("Contract Purchaser") and Meijer Stores Ltd Partnership of 2929 Walker Avenue NW, Grand Rapids, MI 49544 ("Owner of Record") are requesting approval of a conditional use permit operate an assisted living and memory care facility on a vacant 5.33-acre parcel located west of the intersection of Blake Boulevard and N. Richmond Road ("Subject Property"). BACKGROUND: The applicant, Dover Development, LLC., is requesting approval of a conditional use permit to operate an assisted living and memory care facility on a 5.33-acre vacant parcel zoned C-5 Highway Commercial District. The two-story facility will feature a total of 83 apartments — primarily reserved for assisted living services and a small portion focused on memory care. Other features include restaurant -style dining room, movie theater, spa, salon, physical therapy center, and two open-air private courtyards. ANALYSIS: The applicant's request for a conditional use permit to operate an assisted living and memory care facility is in substantial conformance with the City of McHenry Zoning Ordinance. The proposed development is in substantial conformance with the City's Landscaping and Screening Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Standards as well as the City's Off -Street Parking and Loading requirements. Assisted Living and Memory Care Service Uses are an allowed conditional use in the C-5 Highway Commercial District. The proposed use is harmonious with the surrounding commercial properties. Staff are recommending the installation of sidewalk along the north property line of the subject property in addition to an appropriately signed crosswalk that connects to the Meijer site on the northwest corner of the subject property. The developer will need to pay an estimated fee of $28,000 in lieu of installing sidewalks or seek a waiver from City Council. See attached Staff Engineer's Memorandum for more information. The Planning & Zoning Commission unanimously recommended approval subject to the following conditions: 1. The property owner shall install sidewalk the entire length of the north property line. 2. The property owner shall install an appropriately signed crosswalk on the northwest corner of the property that connects to the sidewalk on the north side of Blake Boulevard. 3. All improvements including, but not limited to, those listed in the memorandum dated April 7, 2020 shall be approved by the Staff Engineer or Director of Public Works. 4. The development shall be in substantial conformance with the site plan dated January 13, 2020. 5. All other federal, state, and local laws shall be met. This item was considered by the Planning & Zoning Commission on April 15, 2020 and recommended for approval to Council by a 6-0 vote. Minutes of this meeting are attached. RECOMMENDATION: Therefore, if the City Council concurs, it is recommended the attached ordinance granting a Conditional Use Permit for the operation of an assisted living and memory care facility on the subject property. (City Council vote -simple majority required -zoning ordinance). Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org LOCATION MAP: PIN #09-23-376-009 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Unapproved Planning and Zoning Commission Minutes dated April 15, 2020 Public Hearing: Dover Development, LLC Z-964 Vacant Lot West of Blake Boulevard and N. Richmond Rd., South of Meijer Conditional Use Permit to Operate an Assisted Living and Memory Care Facility Chairman Strach called the Public Hearing to order at 8:25 p.m. regarding File No. Z-964 an application for a conditional use permit to operate an Assisted Living and Memory Care Facility at the subject property which consists of 5.33 acres and is located 770' west of the intersection of Blake Boulevard and N. Richmond Road, south of the Meijer grocery store. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and 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 Nick Dwyer, Development Manager, Dover Development, 300 Hunter Ave., Suite 200, St. Louis, MO. Mr. Dwyer gave a presentation regarding the proposed development which is proposed on a piece of property just south of the Meijer grocery store across Blake Boulevard. City Planner Sheriff gave the Staff Report stating the applicants are requesting approval of a conditional use permit to operate an assisted living and memory care facility on the subject property. The two-story facility will feature a total of 83 apartments — primarily reserved for assisted living services and a small portion focused on memory care. Other features include restaurant -style dining room, movie theater, spa, salon, physical therapy center, and two open- air private courtyards. The subject property is currently zoned C-5 Highway Commercial District. Planner Sheriff stated the applicant's request for a conditional use permit to operate an assisted living and memory care facility is in substantial conformance with the City of McHenry Zoning Ordinance as well as the City's Landscaping and Screening Standards and the City's Off - Street Parking and Loading requirements. Assisted Living and Memory Care Service Uses are an allowed conditional use in the C-5 Highway Commercial District. The proposed use is harmonious with the surrounding commercial properties. He noted there are no pedestrian accommodations to access the site but the City's Municipal Code requires the installation of sidewalks as part of a commercial development. Staff is recommending the installation of sidewalk along the north property line of the subject property in addition to an appropriately Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org signed crosswalk that connects to the Meijer site on the northwest corner of the subject property. The developer would need to pay an estimated fee of $28,000 in lieu of installing sidewalks or seek a waiver from City Council. Staff is also in the process of looking into obtaining easements to accommodate future sidewalk installations on the parcels east of the subject property extending the entire length of Blake Boulevard to North Richmond Road. Developers have expressed interest in the parcel directly west of the subject property for high -density residential development. Planner Sheriff stated Staff does not object to the applicants' request for Approval of a Conditional Use Permit for the operation of an Assisted Living and Memory Care Facility subject to conditions as presented and Staff believes all Conditional Use Permit Approval Criteria have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Doherty opined this is a great use for the property. Commissioner Thacker asked for clarification on parking requirements as compared to the applicant's Yorkville facility. Mr. Dwyer stated they have accounted for lack of parking in Yorkville and will have more at this facility. Commissioner Strach asked for a further definition of types of vehicular traffic and access to the facility. 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 8:40p.m. Commissioner Doherty inquired what percent of the facility is memory care. Mr. Dwyer stated there will be 83 private apartments and 20 of those will be for memory care in a single story portion of the building to the rear of the property in a secure wing. Commissioner Thacker asked for a timeframe for construction/completion. Mr. Dwyer stated it depends on when they go to and receive approval from City Council. Their intent is to submit plans immediately and hopefully be able to break ground in June or July. Construction typically takes 12-15 months for this type of project. Mr. Dwyer stated there is quite a need for this type of a facility in McHenry County. Vw� v � McHenr Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Motion by Walsh seconded by Thacker to recommend to the City Council with regard to File No. Z-964, approval of a Conditional Use Permit for the operation of an Assisted Living and Memory Care Facility subject to the following conditions: 1. The property owner shall install sidewalk the entire length of the north property line. 2. The property owner shall install an appropriately signed crosswalk on the northwest corner of the property that connects to the sidewalk on the north side of Blake Boulevard. 3. All improvements including, but not limited to, those listed in the memorandum dated April 7, 2020 shall be approved by the Staff Engineer or Director of Public Works. 4. The development shall be in substantial conformance with the site plan dated January 13, 2020. 5. All other federal, state, and local laws shall be met. And that all Conditional Use Permit Approval Criteria are met. Roll Call: Vote: 6-ayes: Commissioners Doherty, Lehman, Sobotta, Strach, Walsh, and Thacker. 0-nay, 0-abstained, 1-absent: Gurda. Motion Carried. Chairman Strach closed the Public Hearing regarding File No. Z-964 at 8:55 pm. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO. 20- AN ORDINANCE GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE AN ASSISTED LIVING AND MEMORY CARE FACILITY ON VACANT 5.33-ACRE PARCEL LOCATED WEST OF THE INTERSECTION OF BLAKE BOULEVARD AND N. RICHMOND ROAD. 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 Dover Development, LLC. ("Contract Purchaser") and Meijer Stores Ltd Partnership of 2929 Walker Avenue NW, Grand Rapids, MI 49544 ("Owner of Record") requesting a Conditional Use Permit to operate an assisted living and memory care facility on 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 April 15, 2020 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Conditional Use Permit; 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 Zoning Map Amendment, Conditional Use Permit, and 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: That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit to operate an Assisted Living and Memory Care Facility subject to the following conditions: 1. The property owner shall install sidewalk the entire length of the north property line. 2. The property owner shall install an appropriately signed crosswalk on the northwest corner of the property that connects to the sidewalk on the north side of Blake Boulevard. 3. All improvements including, but not limited to, those listed in the memorandum dated April 7, 2020 (attached hereto as Exhibit "B") shall be approved by the Staff Engineer or Director of Public Works. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 4. The development shall be insubstantial conformance with the site plan dated January 13, 2020. 5. All other federal, state, and local laws shall be met. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the Approval Criteria for Conditional Uses listed in Section 11-15-5 of the City of McHenry Zoning Ordinance have been met: 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. 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. ...114W .lid �.� .. 0% v McHenr Department of Community Development McHenry Municipal Center 333 Green Street PASSED THIS DAY OF 2020 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF .2020 MAYOR ATTEST: CITY CLERK McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Exhibit A Legal Description of the Subject Property LOT 11 IN MEIJER/HOME DEPOT SUBDIVISION, BEING A SUBDIVISION OF PART OF LOT 3 OF THE COUNTY CLERK'S PLAT OF THE SOUTHWEST QUARTER, ALSO PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 8, 2000 AS DOCUMENT NO. 2000R0067575, IN MCHENRY COUNTY, ILLINOIS. FORM A File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street D McHenry, IL 60050 - Tel: (815) 363-2170 n Fax: (815) 363-2173 Dover Development, LLC (314) 884-8968 1. Name of Applicant Tel Address 300 Hunter Avenue, Suite 200, St. Louis, MO 63124 Fax Meijer Stores LTD Partnership 2. Name of Property Owner Tel (If other than A plicant) 2929 Address alker Ave NW, Grand Rapids, MO 49544 Fax 3. Name of Engineer David Schultz - HR Green Joe Vavrina, HR Greeprel (630) 553-7560 Addrpresented)2363 Seessquoia Drive, Suite 101, Aurora, IL 60506 Fax 4. Name of Attorney Tel (If represented) Address Fax 5. Common Address or Location of Property Blake Boulevard and McCullom Lake Road, Parcel # 09-23-376-009 6. Requested Action(s) (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, or the new zoning classification that is requested: Applying for a Conditional Use Permit to allow an Institutional Use (Assisted Living and Memory Care). FORM A Pagel of 3 7. Current Use of Property Undeveloped ground. 8. Current Zoning Classification of Property, Including Variances or Conditional Uses C-5 Highway Commercial 9. Current Zoning Classification and Land Use of Adjoining Properties North: C-5 Highway Commercial (Grocery Store and Shopping Center) South: C-3 Community Commercial (U-Haul facility) East: West: C-5 Highway Commercial (Shopping Center) (Unicorporated McHenry County, A-1 being used as farm) 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. X 1. Application Fee (a►nount) $ 950 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 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 X 11. Public Hearing Notice X 12. Sign (Provided by the City, to be posted by the Applicant) X 13. Site Plan X 14. Landscape Plan X 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORM A Page 2 of 3 11. Disclosure of Interest The party signing the application sliall 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. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) Nick Dwyer - Development Manager, Dover Development FORM A Page 3 of 3 NARRATIVE DESCRIPTION OF CONDITIONAL USE REQUEST Dover Development, LLC, is requesting approval of a Conditional Use Permit to allow Assisted Living and Memory Care for the real estate generally located on the south side of Blake Boulevard, west of Richmond Road, McHenry, IL 60050 (PIN# 09-23-376-009) The conditional use request is intended to allow for the development and construction of Cedarhurst of McHenry, a state-of-the-art senior living community that will feature a total of 83 apartments. Most of the building will be reserved for assisted living, designed for seniors who may require assistance with daily activities. A smaller portion of the building will be focused on memory care, with an emphasis on caring for residents who suffer from Alzheimer's or other related dementias. The community will also feature a restaurant -style dining room, movie theater, spa, salon, physical therapy center, and two open-air private courtyards. PROPERTY OWNER'S AFFIDAVIT STATE OF MICHIGAN ) ) SS: COUNTY OF KENT ) 1. I, Michael L. Kinstle, an authorized representative of Meijer Stores Limited Partnership, a Michigan limited partnership ("Owner"), being first duly sworn, state for and on behalf of Owner: 2. Owner is the holder of fee simple title to that certain real estate located in McHenry County, Illinois, the legal description of which is set forth below (the "Real Estate") PROPERTY LEGAL DESCRIPTION: Lot 11 in Meijer/Home Depot Subdivision, being a subdivision of part of Lot 3 of the County Clerk's Plat of the Southwest Quarter, also part of the West Half of the Southwest Quarter of Section 23, Township 45 North, Range 8, East of the Third Principal Meridian, according to the plat thereof recorded December 8, 2000 as document no. 2000R0067575, in McHenry County, Illinois. COMMON ADDRESS/APN/PARCEL ID: Blake Blvd and McCullom Road, Parcel No. 09-23-376-009 3. Owner hereby authorizes Dover Development, LLC, an Illinois Limited Liability Company ("Dover") to file on its behalf, a Public Hearing Application with the Planning and Zoning Commission for the City of McHenry, Illinois for a conditional use permit (the "Application") affecting the Real Estate. 4. Owner hereby authorizes Dover to act on Owner's behalf, attend all hearings, and take all actions necessary for the processing, issuance and acceptance of the Application and issuance of the conditional use permit in relation to the Real Estate. This Affidavit is made as of March ��, 2020. MEIJER STORES LIMITED PARTNERSHIP By: Meijer Group, Inc. Its: General Partner By: Name: Michael L. Kr Title: Vice President -Real Estate Leg 0 Bus. r A ACKNOWLEDGEMENT Before me, a Notary Public in and for the State of Michigan, personally appeared Michael L. Kinstle, the Vice President Real Estate of Meijer, Group, Inc., a Michigan corporation, the General Partner of Meijer Stores Limited Partnership, a Michigan limited partnership, who first duly sworn, executed the foregoing Property Owner's Affidavit on behalf of such entity as its duly authorized representative. Witness my hand and Notarial Seal this ,?�� day of March 2020. My Commission Expires: vl -/ 7 -,h 3 Printed Name: LARAE B STEIGENGA NOTARY PUBUC - STATE OF!HCi GAG COUNTY OF OTTAWA My C4aen4$i0n Ekes FeNuaq o 7 2= Aetrg in Kent C%ft. M 11 FORM C File Number CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street o McHenry, IL 60050 a Tel: (815) 363-2170 a 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 each of these conditions as it relates to your request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. Cedarhurst of McHenry, by nature, will have a minimal impact on local traffic. Less than 20% of the residents in the building will drive. The only traffic generated will be from staff, which never exceeds 15 employees for shifts, occassional visitors, or group outings by shuttle that take place a few times per week. 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. We do not anticipate any of the adverse effects listed above to be caused by our facility. Becuase the facility is intended to house and take care of seniors, the effect on surrounding area is minimal due to quiet, calm, residential feel we intend to maintain for our residents. 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. We intend to develop a facility that will fit perfectly within the character of the area and will provide as a great transition between the Evergreen Subdivision to the West, and the Meijer shopping center to the North. Based off past experience, the addition of a Cedarhurst facility will greatly increase the values of surrounding properties. FORM C Page 1 of 2 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. No additional burdens will be placed on the surrounding area or any of the public infrastructure or utiliies. As mentioned above, our project will be very low impact by design, and the site we have chosen is ready for service by all utilies without any substantial change to infrastructure or facilies. 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 facility will be the opposite of detrimental to any persons health or safety, and it's sole purpose is to increase the health, safety, longevity, and wellness of local seniors and their families. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. We believe Cedarhurst of McHenry will provide as a tremendous asset to the local community, and most importantly provide for a safe, quality environment for seniors to live and thrive. FORM C Page 2 of 2 gs sF / �,• ��a� BLV� �__ / a PROTECTION FENCE (TYP) BE PRESERVED MP. O�B P' PARkiNOism r, . -� TREE PRESERVATION PLAN scxe l•-w' 3/19/2020 2:14:41 PM J:\2019\190932\CAD\D g9 \190932-1-Sneet(I.Y.ut) TREE PRORSRIN KEY Q� IX6TT. TRFE lO BE PRESERVED Q� IX6T. TREE TD BE REMOVED TRIFNN PR0IFLINE EFTICINO ( `) CNMI— BOOT ZCHE RNAL OWHIRI6 (IN VILINm' OF 06NRBANLE ANO FRCVJBEO IWPO/EMENfS) 6 TO 9E RENP'E O 24 (oFF-sffE) LE„ERAL ND,6 1 THp NR]rt rs TO THE IXSTINO TREES TO BE PRESERVED IN TALI pOWCm DURING L.—ONOE1RN �TNN Co�NBYCiOOR-�EBaONSI%£ FOR E REPI—NO PER 1NE MUNIC.lJ1Y5 ONORICE. 2. CONIPALTO IS RESPONSIBLE FOR THE HIJR-OFT OF ALL iRFFS TO BE REuwED. R '1 - FENCE LO�CA NDN —4 1 TYP. TREE PROTECTION SNOW FENCE DETAIL SCR1E Nf5 Uf R001T LIE.NLY AT W. 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E KR a Call before you dig. vAwx m LANDSCAPE PLAN ® D m ow.w L.02 3/19/2020 2:14:41 PM J:\2oi9\190932\CAo\owga\19D332J—SM1est(loyoul) FINAL FOR CONSTRUCTION INCLUDING TREES AND SHRUBS WHICH MAY BE COMBINED WITH A SCLO PENCE OR WALL IDUTEU ALONC THE LENGTH OF ALL LOT UNES (EXCLUDING THE W OF THE ACCESS WAIYS) THAT ABUT AN ADJACENT RCIDENMLLT GONE, PARCEL ON A PARCEL D— TO A MORE INTENSNE RESIGENTML OFFICE COMNERCML OR INUUSTe USE WHETHER OR NOT AN OFF STREET PARKING, LOADING DR REFUSE AREA IS PRESENT. IF A SOUD WALL IS PROPOSED. IT SHLL_ UNDUHATE BY A ARNUM O TWO FEET (2) FORWARD AND BACK TOR EVERY TWENTY ME FEET (25') IN LENOM. SCREEN STRIP AREA FOR SIDE AND REM YARDS: 15 FOOT, MINIMUM HEIGHT 5 FEET ADUAGENT RESS L SHAl_ PRHWDE CONTINUOUS CANOPYIIRTY. CONNECTION AT HATFOR EXAMPLE, IF THE TREE S'P SEUMTED WILL IMVE A TWENTY FORT CANOPY AT MATURITY. THE TREES WILL NEED TO BE SPACED EVERY TWENTY FEET (20'). A TIP POET (10jU,NDSLAPED STRIP WHICH SHALL CONSIST OF DENSELY CLUSTERED GROUPS OF VARTNG v TES OF INN SOUR MALL OR CE AL OF WHICH SHALL NOT EXCEED FOUR FEET A) IN HEIGHT AT INSTAWnW OR MATURITY AND SAIL NOT SE IF39 THAN TITRES HEST (O') Ix HEKHT U. MINIMUM SEVEN FOOT (T) TRIMMED CANOPY OFF THE GROUND AS TO NOT OBSTRUCT VIEWS INTO AND OUT OF E SITE. THIS SHALL BE LOCATED AROUND E PERIMETER OF THE PARKING LOT TO SCREEN VEHICIFS HEADUGHTS MR ADMCENY PUBLIC WAYS. THE CUUGFRING OF GROUPS OF RUMS 9MLL AUD MR PIDWING AND SHOW STORAGE THE PARKING IESP ILDRED URED MR ALL OFF STREET PARKING ID1I CONTAINING MORE THAN FINE (5) PARKING SPACES ANO ANY VERGE OR SGUHPMERT STORAGE 1D1S CH VEHICLE OR EQUIPMENT PARKING SURD STTP: A ANDSCAPED ISUND IS AN EIGHT MET BY FIFTEEN FOOT (B' % 15) SLWD IN THE INTERIOR OF AN OFF STREET PARKING IRA TO BE PROVIDED EVER! FIFTEEN (15) PARA SPACES AND AT THE ENDS O PARKING ROWS. THEI— IF TIE PMIDNC SURDS S TO PROVIDE SHADE TREES ON HOT SUNNW DAYS, EDUCE THE EFFECTS OF E URBAN HEAT AND BY REDUCING PAVED RSURFACES AND WSIMLLY BREAKING UP THE EXPANSE OF ,ASP— FDUNDAMN BASE SUB -DING >10,= SF IS —1 10510E REAR: tF ENTBANC6 5 FOOT TREE FLAMING REWIFBAEM 5 FTpT BF NO ENTRANCES PE06OAN ACCESS REWIRED AT CCURWAYS ]O% OF TOTAL WEE UNDR FEET TO BE IANOSC . 251 OF TOTAL SIDE LINEAR FEET TO BE UNGSGAPED SR OF TOTAL UNEAP FEET TO BE UNDSCAPPO NOTE FOR ONSITE PLANT EACH BUILDING SNAU- INCLDE A MINIMUM OF I SHADE TPEE IN FRDMAHGMERGS WITH A MINIMUM 4 INCH CALIPER (AT M4TJRTY) MR EACH ]0 RAKE UP THEREU-NONNHOOR FRO THE REQUIRED AREA, OED THAT THE TREES BE GROUPED IN CUUSTFRS. NDSCAPING MATER4U5 SUCH AS HRUBS GRASSES AND TURF SHALL ­ NOTES 1. WE MAP NMRWTON S ACCURATE As OF THE DATE PANTED ON THIS PAGKAOE 2. THE ANDSDAPE PIAHS CONTAINED HERBY BLIISTRATF APPRDKILMTE LOCATIONS OF AL SITE CONDITIGNS. FISHER TO SURVEY. ARCH-- CNE ENGINEERING. SIRUCNRFL FLECTDUL IRMGATON AND - OTHER DRAWINGS. If AVMMIL TOR ADDTIIONLL DETAILED HFURMATION. 0. THE CONTRACTOR SHALL BE RESPONSIBLE FOR BECOMING AWARE OF AND FIELD VEBIYWG A1_ REUTEO EXISTING AND PROPOSED CONDITIONS, UTIUIIE; PIPES AND STRUCTURES. ETC. PRIOR TO AND GONSTRUGGON. THE CONTRACTOR SHALL BE HELD RESPONSIBLE FOR COMI TIHC J.U.LI.E. THE MUNICPAL PUdS WORKS OEPArtMEM. THE COUNTY AND ANY C TOR PRNATE AGENCIES NE F1M UTILITY IDDATON PRIORCONSTRUCTION. THE CONTRICIDR — NOTRT ME OWNERS REPRESENTATNE OF APPARENT CUM_OTHER PU NRTN CONSiRUC110N AND UITUTI6 50 TINT ADJUSTMEHS CAN BE PUNNED PRIOR TO INSTA IATON. IF FEED A.MUSTMENS ARE NECESSARY DUE TO EXITING UTLITY LODATKXNS TREY MUST BE APPRUIED BYE OWNERS REPRESEMATNE. THE Cd11PA 1 SHLLL TALE SOLE RESPONSIBMT FOR ANY AND ALL CDSR OR OTTER LAW11 INCURRED DUE TO DAM.ACE OF SAID URIITi6/SRNCNRES/SIC. 4. THE CONTRACTOR SHALL. VEWFY ALL SITE CONDMONI THE CONTRACTOR SHALL NOT WIUFJLLT PROCEED WITH COSTRUGFON AS DESIGNED WHEN 7 IS APPANENT ET UNKNOWN OBSTRUIDOS MG/OR GMDE DIFFERENCES EXIST THAT MAY NOT HAVE BEEN KNOWN DURING DESIGN. SUCH CONDICIONS SHALL BE IMMEDNTLY WROUGHT TO THE ATTENTION OF THE OWNER'S REPR6EHTATNE FUR WNFICATDN, THE CONTM{ROR sNA11 ASININE MU_RESPONSE— MR ALL INBILMES, INCUJ NG NECESSARY REWSIGNS WE TO FAILURE TO CANE SUCH AIOTFKATION. 7. THE CONTRACTOR SNAJ_ BE RESPONSIBLE FOR COORDINATION WITH SUBCONIRMIDRS AND EITHER WRRRACIOS OF NEUTER TRADES, AS REWIRED. TO ACCDMPUSH THE POUTING AND REUTD OPERATIONS. W YN STRUCTURES. AM DAMAGE TURDINATE NSTAIATON OF AU- PI -ANT MAY THE IXISTING MPRWENENR IS THE RESPONSIAL WIf1T OF MEI COMRACTOR.NST ON � OTHER IUPRwEMFxTs SUCH AS HARDSCAPE EI➢MFTTs AND REUlEII 9. THE CONTACTOR 5 RESPOSBIE TO RESTME ALL THUS Of THE STYE. W ADJACENT ARBS, WHERE CGIURBED BY OPERATONS OF OR RELATED TO E CONTRACTOR'S WORK. 1 ACE DRAN.ACE SNALL BE GROUTS AWAY FROM STRUCNR6 AND NOTED SITE FEATURES IN ALL ARRAS AT A MINIMUM OF A SLOPE AS SHOWN W THE LIAR ENGINEERING PUNS. ALL A SHALL POSTNELY DRAIN AND ALL m 1 SHALL BE CROWNED 1 IN HEIGHT PER I' IN ISLAND MOTH. 11. THE CONTRACOR SHAM_ STAKE ALL IMPROVPHENTS AS RIOTED DN THE FOLLOWING BANS AS WET_ AB. TREE IDCATONS AND THE PERIMETER OF SHRUB/PEREHINAL BEGS PRIOR TO WACTpxxFR'S PIER FMATNE RM APPROIAL F- LDDATUN AND STARING OF ALL IMPRWENENTS SHIN_ BE AG.— NT THE OWNER'S REPRESENTAEONCADIAJC OF INSTAUTON.R6 1S. IP LON�IC15 ARISE BET'MEER THE 512E IF AREAS AND PANS. THE COMAACTUR 15 REQUIRED TO CONTACT THE OWNER'S IINESENTATNE MR RESO 1 PRIOR TO INSTAWTION, 1 OWN UAMRTY TAX— FOR ALL PWRAP PUFFS AND PESTNAI MAMRMI.S AND SIE6 SlOWNON WIN SIN CASTHE E OUARE R OF ANY OSCIEPANI PWN5R INMIMAFONI 0TARE PRECEEDDENCE O'ER CALL AND/ORNTRACTOR . RESRONSI— TO THE THEIR E PRAM UST(B). ICAN DARD 14. SFUCrA(4615280.1BE NURGERY UTEST EDITION�RAPNTS ARE TO BE TYIPM INNURSERY AND ASSOCIATIONSHAPE AND SUE FOR SPECIES RANK PWFIED IN =E OR SIANDANDS SET GROUPS SHLLL BEIN THE ERMATCHEDµINN M. MR— ERY MATERIAL OF THE SANE SPECIES SHALL BE OBTAINED FIROM THE SANE SOURCE RAMS SHALL NOT BE ROOT -BOUND OR LOOSE IN THEIR CONTNNERS. TAROTS ALL RUMS WITH CARE IN TPMSPORTING, RANTING AND MAINTEBANCE UNTIL INSPECTION AND FINAL ACCEPTANCE HBD COLLECTED WATERIAL SHY_ NOT BE USED UNLESS APPROVED BY THE OWNER'S REPRESEMATNE 15. ALL PUKTMG BED EDGES TO BE SHOh_ CUT. 16. Al AR FIS DESIGNED W —ENE SOUR SOD SHALL BE APPROVED BY LANDSCAPE ARCHITECT PRIOR TO GRASSING OPERATES, FINISH GRADE AT TURF AREAS STALL BE 5/4•-" BELOW TOP O AOACENT PAVEMEN OR CURBS, 17. CONRACTOR SHAM FIBD AONSY PWA LOGTIGNS TO ACCOMMODATE ALL UGNCNG AND ENSURE PIANTS WILL NOT INTERFERE WITH CANTING. 18. FERWITNC, AS SPECIFIED. STAAR S. WATRND AND ONE (1) YEAR PUNT WARRANTY FOR INSTALLED PUNT A TERML, SHALL BE CONSIDERED INCIDENTAL TO THE PLOT TENS 1 RDDM CaMPDST SHALL BE FINELY SCREENED, NCMOCENOUA, DECOMPOSEDFERAL GUTABLE FOR HORTI USE As ANALMIE Pro w NRCST TRAENG B HORTICULTURAL SUPPUES. INC. ST. CIARLES. IL 50174 (SIN) HBS-1990 OR APPROVED G EQLLA. MIX TNDRDUGHLY IN PUNT BED BEFORE INSTALNG PLAINS. ZD. WARRANT: ONE (1) YEM FMFM WARRANTY MR ALL PUNT AAIERIAS SHALL BE CONSIDERED INCIDENTAL TO THIS PROJECT. WARRANTY WALL COST RANK WHICH HANE DIE➢ OR PNTW_T DIET (THEREBY RUINING THEIR NATURAL SHAPE), BUT SHALL NOT INCUUDE DAMAGE BY WAND . BROWSING. HY4 AWARN.AL FREII£5. DRDUCM OR NEGLIGENCE BY Mx WEERFORTHE MVNTNNI G ANOINTN�DEDGTO OIFR GOAL OR�ECUCENCE INFESTATIONS GIUSSARY, TO E, DISEASEGHµO GE DR SHOCK TO PWI1S_E CONTRACTOR 5DW1_AMSE YRESPO_ ME HOT IN A VIE HEATHY. CAROMING CDNCTDN AT TIE END DF ETHE i-YEAR WARIANtt PERIOD SHAM_ BE RFP mDNT ITXE CONTARDR AT l�i1E LDNTA[i0R5 EXPENSE PUNK RERACED UNDER WARNAMv WILL BE WARRANTED FDA WE (1) YEAR FOI.DWIHS REPUCEMEN. GENERAL NOES - SPECIAL REOUIREMEMS- WARRANTY AND MAINTENANCE OF SODDED AND SEEDED AREA. 1. MOWWC, TRIMMING AND REMOIAL OF CRASS CLIPPINGS IN TURT AREAS. DURING INITIAL OO DAYS. SHALL BE THE RESPONSIBILITY OF THE CONTRACOR. DURING THIS I.E. CONTRACTOR SHALL MOW TURF AREAS AT REGULAR INTERVALS TO MAINTAIN AT A MARIMUM HEIGHT OF 2-1/2 INCHES. DO NOT CUT MORE THAN 1/3 OF GRASS BLADE AT ANY ONE MOWING. CONTACTOR S A50 NEATLY TRIM EDGES WHERE NECESSARY AND It— CUPPINGS AFTER MOWING AND TRIMMING. 2. WARRANTY: A WARRANT OF SEEDED AND SDDOPO AREAS SHALL BE CONSIDERED INCIDENTAL TO THE BID TEN. e. THE WARRANTY IS TO GUARANTEE LDMPLETED SEED/SOD M MR A PERIOD OF 1 YEAR AFTER INITAL ACCEPTANCE HAS BEEN DOCUMENTED. C. REPUCEIAEM COSTS ARE THE CONRACIOR'S RESPONSIBILITY, EXCEPT MR THOSE RESULTING FROM LOSS OR DAMAGE DUE TO VANDALSM, CML DISOBEDIENCE, ACTS OF NEGLECT ON THE PART OF OTHERS. PHYSICAL DA.ACE BY ANIMAR. -CI -ES, FIRE OR LOSSES DUE TO CUMALMENT OF WATER BY LOCAL AUTHORITY. ON BY 'ACTS OF U00: }. A. CONTRACTOR NANCB A MAENANCOF S ED/ D AE MAINTENANCE OPERATIONS AND ABNED PE HARM THE OWNER OARING THE WARRANTY PERIOD. B. CONTRACTOR OF SEED/BOP AREAS SIWLL BE MAINTENANCE OF BY TANNED PERSONNEL SKILLED T 1 YEAR DESIRED AND UNDESIRED PWCT TION OF C. CORF ARRAS WILL BE RESPONSIBLE FOR MA SAS, DU OF SEEDED YEAR AR AREAS WRING THE 1 YEAR WARRANTY PERIOD HARM THE EXCEPTION OF ROUTINE ROWING OF TJRF ANUS. ROUTINE MO'A'INC OF TURF AREAS, DURING THE 1 YEM WARRANTY PERI00, WILL BE THE RESPoNSIBILItt OF THE OWNER ONCE INITIAL ACCEPTANCE HAS REEK U.NTENANCE O. WATEIRO OF SEEDED AND 500 THUS STALL INCLUDE: WATERING TO PREVENT AND SOIL FROM DRYING OUT. • ROWNC THE SURFACE TO TORE REMOVE MINOR DEPRESSIONS OR ACCORDANCE WITH • CONTROWNC CRO'WTH OF WEEDS. APPLY HERBICIDES IN ACCORDANCE Wt1H NANUFACNRER'S INSTtULTI0N5. REMEDY DAMAGE RESULTING FROM IMPROPER USE OFESS. . PROTECTING N OF EACH AREAS U WITH WARNING SIGNS DURING MN PERIOD, CE AND WARRANTY PERIOD AS CT AND NECEED AS. • T THE SPRING OF EACH YEAR WRING THE 1 TEAR WARRANTY AREAS. E THE CONTRACTOR SHELL CORRECT AND RESEED AS EAS AREA CIE U .E ANY EFFECTS IN E SEEDED/BCD AREAS AND GRASA STAND. SUCH A5 WEEDY AREAS. ERODED ANUS, AND BONE BPoTi. UNTIL AFFECTED ANUS ARE ACCEPTABLE TO THE OWNER'S NTATNE. IN THE • SPRING DURING THE 1 YEAR WAPRANIPERDU, THE CONTACTOR SHALL REFUGE REPAIR TO ORIGINAL CONDITION. ALL DAMAGES lD PROPERTYR THE DING RESULTING FROM THE SENORA/SODOPEOPERATIONO REME N OR FROM THE DYING OF DEFECTS, AT THEHE CONTRACTOR'S EXPENSE REPULGAUNTCAI DFNG—ATW OF SW AS OR— SISPEECIFIED WEEDING SODDED AREAS FAU G 1% SINCH u. SPEDML —IREN— - WAAIANTT 5 REDUVIED TO CUARANRE COMPLETED SODDD.0 OPERATIONS PIYJADING A UNIFORMLY F ODFASE WE AND HEATHY STAND OF AND U.—HUNBIE GRISSEµ DEB_ AND FREE O EHODED AREAS. BYRE SPo15, DISEASES. AND INSECTS AT THE EIS E YEARB FOLLOWING TIE MINIMUM WJNTENAUCE PERIOD OH PROJECT CE WMCHEVIX IS HARE RECENT. CONTRACTOR TO REFUGE AS ORIGINALLY SPECBIED AREAS THAT HAVE FACED TO SURVIVE. AS OFTEN AS REOUIRER, TO ESTABLSN THE SODDED UW'N AREA UNTIL ACCEPTED: AT NO ADD _ COMPEISATON C. REPAIR AND REPUGE TU ORIGINAL CONDITION ALL DAMAGES TO PROPERTY RESULTANT FROM THE SODDING OPERMW AND ALL DAMAGES AS A RESULT FROM THE REMEDWNG OF THESE DEFECS, WITHOUT ADORIONLAL COMPENSATION. 3/19/2020 2:14:41 PM FINAL FOR CONSTRUCTION OWl rPPPO.�. 01/13/2020 L.03 � �,ppR 6, WNNING S E OF REE ALL OHA GUYING NOTE RUBBER HOSE TREE C UNN �TTnUEE chvUTCH E GAUGE WIRE wnN DFPENO•M UPoN ®ELI6 S CS FOR DEENLS ro5OF ROOT PALL Y URROUNDN O FlNBH N N' M. SWLER AROUND PWlIING O T AVO D MAGI TFU KTO NIDN HANRAL SWAT. i6 A J' ZPIL-PUTED TLIRN—K. (, FA WURq NUIDH - W%. . TmPEx MUJ' LCH ro TRUNK.OEP}H PR ITN roPSgL PExIWE MNNER OR roP TH D BUTS WRAP DO tl0T PLACE MIADN DBRDRT mix (SEE sp LANRNG NIX (SEE SPEA) REMWf TALL 1WINE fROETMR µT pRlro�ATFR AND E OIDS n' DUAmER wN w _6 OF WINE B SKETP IF NBING (WHRE) M' SP R, Su.—E/SIDES1 NIN.C. R-UIRED/FILHTCW. •'• �.. ::.ems, .same... ®.��7®&r.. .:.:::. .:,`� 6NRBEO WIL W RODEBNL M1 ORMU DIN-RBEC SUBOI-E TNIE FIT wIOYH Of ROOT(�BALLMES 1 TYP. 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Rs TIE F EAST COURTYARD ELEVATION H WEST COURTYARD ELEVATION Department of Public Works Gregory Gruen, P.E., Staff Engineer 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2185 Fax: (815) 363-2214 ggruen@cityofmchenry.org MEMORANDUM DATE: 04-07-20 TO: Ross Polerecky, Community Development FROM: Greg Gruen, P.E., Staff Engineer RE: CEDARHURST DEVELOPMENT I have reviewed the following information relative to the above referenced project. • Overall Site Plan (dated 1-13-20) by HR Green I offer the following comments: 1. The applicant is applying for a Special Use Permit. Full engineering has not been provided at this point in the approval process. As such, the comments are general in nature. 2. Confirm that the detention for the project was previously provided in the overall development. 3. Provide a sidewalk along Blake Blvd. Provide a mid -block crosswalk connecting to the sidewalk to the north. Sign with appropriate warnings along Blake Blvd. 4. Provide an estimate of water/sewer use for the facility. IEPA standard permitting values for apartment buildings may be used. 5. Any water and sewer constructed to connect to the building will be considered private. 6. The western access should align with the driveway on the opposite side of Blake Blvd. The eastern access will remain slightly offset from an existing access on Blake Blvd. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 McHenry Fax: (815) rg www.cityofmcheery.enry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FOR: March 2, 2020 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Conditional Use Permit to Operate a Licensed Cannabis Craft -Grow, Infusion, Transportation, and Dispensary Business. ATT: 1. Location Map 2. Unapproved Planning and Zoning Commission Minutes dated April 15, 2020 3. Ordinance granting a Conditional Use Permit to operate a Licensed Cannabis Craft -Grow, Infusion, Transportation, and Dispensary Business. 4. Application Packet AGENDA ITEM SUMMARY: The applicants Denver Cole, LLC ("Contract Purchaser') and Corporate Disk Company ("Owner of Record") are requesting approval of a conditional use permit to operate an adult -use licensed cannabis craft -grow, infusion, transportation, and dispensary business at the 4610 Prime Parkway, McHenry, IL 60050 ("Subject Property"). BACKGROUND: Denver Cole, LLC, has applied for 4 adult use cannabis dispensary licenses from the state. They also applied for craft -grow, infusion, and transportation licenses in March of 2020. Denver Cole, LLC is under contract to purchase the subject property which contains a 56,000 square foot building - pending approval of applicable zoning requests in addition to the outcome of the state cannabis licensing. State Licensing Timeline: The state is conducting licensing in two planned waves: • Wave 1: o May 1, 2020 — Illinois Department of Financial and Professional Regulation will issue 75 new dispensing licenses. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org o July 1, 2020 — Illinois Department of Agriculture will issue 40 licenses for infusion, 40 for craft grow cultivation centers, and licenses for transportation organizations. • Wave 2: o December 21, 2021— Illinois Department of Financial and Professional Regulation will issue 110 dispensing licenses. o December 21, 2021- Illinois Department of Agriculture will issue 60 licenses for craft growers, 60 for processors, and licenses for transportation organizations. ANALYSIS: The subject property is zoned 1-1 Industrial District which allows cannabis uses as a conditional use. Staff believes The site which contains a 56,000 square -foot building, including 144 parking spaces, is appropriately sized and in substantial conformance with the City's Off -Street Parking and Loading Requirements. The site is not located within a prohibited zone (shown in red, see image below). L - t v Located just west of IL -State Route 31, staff believes transportation infrastructure (signalized intersection) is able to accommodate the proposed development. The subject property is wholly surrounded by commercial and industrial uses with a large detention pond to the west of the site. The petitioners are not proposing to expand the existing facility. Any expansion would require an amendment to the Conditional Use Permit. The City's Cannabis Ordinance does not allow co -location of a Cannabis Transportation Use with other cannabis uses. A condition was added that approval would be subject to the property owner dividing the property with a second unit for the adult -use cannabis transportation business. The Planning and Zoning Commission ...Tqqr. 0*4 McHenr Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org unanimously recommended approval of the applicants' request subject to the following conditions: 1. All signage shall be in compliance with the Illinois Cannabis Regulation and Tax Act. 2. A signed affidavit shall be submitted to the Community Development Department stating compliance with all requirements of the Illinois Cannabis Regulation and Tax Act once a state licenseng is obtained. 3. All applicable federal, state, and local laws shall be met; 4. The property owner shall divide the subject property with a second unit to accommodate the cannabis transportation business once licensing is obtained;. The City's Cannabis Ordinance allows for two adult -use cannabis dispensaries to operate within municipal limits. Staff are recommending a condition be added that City Council may revoke the Conditional Use Permit for an adult -use cannabis dispensary if licensing is not obtained within one year of approval. Staff are also recommending a condition that upon receiving a dispensary license from the state, the owner of the dispensary shall enter into a Community Contribution Agreement with the City and a local not for profit organization that services McHenry residents such as the McHenry River Walk Foundation. RECOMMENDATION: If the City Council concurs it is recommended the attached ordinances granting a Conditional Use Permit for the operation of an Adult -Use Cannabis Craft Grow, Infusion, Transportation, and Dispensary Business at 4610 Prime Parkway. (City Council vote -simple majority required - zoning ordinance). Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org LOCATION MAP: 4610 Prime Parkway 4 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Unapproved Planning and Zoning Commission Minutes dated April 15, 2020 Public Hearing: Denver Cole, LLC Z-963 4610 Prime Parkway Conditional Use Permit to operate a Licensed Cannabis Craft -Grow, Infusion, Transportation, and Dispensary Business Chairman Strach called the Public Hearing to order at 7:30 p.m. regarding File No. Z-963 an application for a Conditional Use Permit to operate a Licensed Cannabis Craft -Grow, Infusion, Transportation, and Dispensary Business at the property located at 4610 Prime Parkway. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and 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 Jeff Larson, CEO, Denver Cole, 230 Westfield Way, Barrington Hills, IL 60010, Bob Jersey, Director, Denver Cole, 385 Sterling Circle, Cary, IL, and Joe Wright, Consultant, 4808 Paulina, Chicago, IL. Mr. Larson stated they are requesting a conditional use permit to allow a cannabis business. City Planner Sheriff gave the Staff Report stating the applicants Denver Cole, LLC ("Contract Purchaser') and Corporate Disk Company ("Owner of Record") are requesting approval of a conditional use permit to operate an adult -use licensed cannabis craft -grow, infusion, transportation, and dispensary business. Denver Cole, LLC has applied for 4 adult use cannabis dispensary licenses. They also applied for craft grow, infusion, and transportation licenses in March of 2020. Denver Cole, LLC is under contract to purchase the subject property which contains a 56,000 square foot building - pending approval of applicable zoning requests in addition to the outcome of the state cannabis licensing. The subject property is currently zoned 1-1 Industrial. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Planner Sheriff explained grow operations will occupy the east half of the building. The dispensary will most likely occupy the west half of the building with design being preliminary. Business operations will include 24/7 security and the applicant anticipates working with the McHenry Police Department on safety and security needs. The applicant also has scheduled meetings with McHenry County College's Agriculture Department to partner in creating educational opportunities for students interested in the field. The City is only involved with approval of zoning and issuance of building permits. Planner Sheriff stated the current zoning allows cannabis uses as a conditional use. Staff believes the site which contains a 56,000 square foot building, including 144 parking spaces, is appropriately sized and in substantial conformance with the City's Off -Street Parking and Loading Requirements. The site is not located within a prohibited zone and staff does not believe the development will generate any adverse impacts. He stated staff believes the proposed use is compatible with the surrounding industrial and commercial entities and staff believes all Conditional Use Permit approval criteria is met and, after further review, does not object to the request as amended to include an additional condition: the property owner shall divide the subject property with a second unit to accommodate the cannabis transportation business once licensing is obtained. Chairman Strach invited questions and/or comments from the Commission. Commissioner Thacker inquired when the building would be purchased. Mr. Larson stated they do plan on purchasing the building once they've obtained licenses from the state and approval. He also stated when asked the company has a very conservative logo that they will make available to be seen prior to permitting. Commissioner Walsh asked for clarification on approval needed. Planner Sheriff explained the motion that would be needed if they wish to approve the request, adding the 41" condition as amended. He also asked if the dates supplied by the state for approving licenses will be delayed due to the current state of affairs in the State. Mr. Larson stated they have been told that everything is still on track with the state approvals and deadlines. Commissioner Doherty inquired about the hours of operation and storage of trucks. Mr. Larson stated the hours are daily with shifts from 6am-10pm. Mr. Larson explained that all vehicles will be parked inside the building adding there will not be too much traffic as they expect to have only 2-3 vans for transporting. Commissioner Doherty asked fora cliff note version of how Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org daily operations are typically handled. Mr. Wright explained the craft grow operations cultivates product using up to 5000 sf. Extraction of cannabis oil, infusion is to use to put in other products. The dispensary is for sale of product and transportation transports product from one place to another in one trip. Product never stops until reaching the destination and is never stored overnight anywhere. Chairman Strach opened the floor to questions and comments from the audience. Mr. Tom Deale, 4533 Prime Parkway (a neighboring property) asked for a description of the type of security they will have and how much cash will be in the facility. Mr. Wright stated the facility will have manned guards at all times along with full perimeter fencing. The building is extremely secure meeting the State of Illinois security standards, with all doors monitored and locked and manned by a guard, all ingress and egress recorded in real time, and surrounded by outside cameras with video stored on -site and off -site. There is a wired security system to immediately alert Fire, local Police and IL State Police. ID must be given to enter the building, panic buttons will be installed with direct wiring to the Police. Mr. Larson stated there will be no cash in the building until the event the dispensary is licensed and operating. Chairman Strach closed the public comment portion of the hearing at 8:20 p.m. Planner Sheriff asked the applicants for clarification on whether they were withdrawing their request for a dispensary. Mr. Jersey stated no they would like to add one in the future but it is depending on issuance of licenses in January of 2021. Planner Sheriff explained they would have to go back before the Commission to add anything not used in the first issuance of licenses. He further explained the City has a limit on the number of dispensaries so they could be limited in the future. Mr. Larson stated they would definitely want to use the dispensary license in the future. Motion by Walsh seconded by Lehman to recommend to the City Council with regard to File No. Z-963, approval of a Conditional Use Permit for the operation of adult -use licensed cannabis craft -grow, infusion, transportation, and dispensary business subject to the following conditions, as amended: 1. All signage shall be in compliance with the Illinois Cannabis Regulation and Tax Act. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 2. A signed affidavit shall be submitted to the Community Development Department stating compliance with all requirements of the Illinois Cannabis Regulation and Tax Act once a state licensing is obtained. 3. All applicable federal, state, and local laws shall be met; 4. the property owner shall divide the subject property with a second unit to accommodate the cannabis transportation business once licensing is obtained; And that all Conditional Use Permit approval criteria are met. Roll Call: Vote: 6-ayes: Commissioners Doherty, Lehman, Sobotta, Strach, Walsh, and Thacker. 0-nay, 0-abstained, 1-absent: Gurda. Motion Carried. Chairman Strach closed the Public Hearing regarding File No. Z-963 at 8:23 pm. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO. 20- AN ORDINANCE GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE AN ADULT -USE CANNABIS CRAFT -GROW, INFUSION, TRANSPORTATION, AND DISPENSARY BUSINESS AT THE PROPERTY COMMONLY KNOWN AS 4610 PRIME PARKWAY. 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 Denver Cole, LLC ("Contract Purchaser") and Corporate Disk Company ("Owner of Record") requesting a Conditional Use Permit to operate an adult -use cannabis craft -grow, infusion, transportation, and dispensary business on the property located at 4610 Prime Parkway and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on April 15, 2020 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Conditional Use Permit; 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 Zoning Map Amendment, Conditional Use Permit, and 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: That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit to operate an adult -use cannabis craft -grow, infusion, transportation, and dispensary business subject to the following conditions: 1. All signage shall be in compliance with the Illinois Cannabis Regulation and Tax Act. 2. A signed affidavit shall be submitted to the Community Development Department stating compliance with all requirements of the Illinois Cannabis Regulation and Tax Act once a state licensing is obtained. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 3. The property owner shall divide the subject property with a second unit to accommodate the cannabis transportation business once licensing is obtained. 4. City Council may revoke the Conditional Use Permit for an adult -use cannabis dispensary if dispensary operations have not been established or state licensing has not been obtained within one year from the date of approval. 5. The operators of the dispensary shall enter an agreement with the city, and the McHenry River Walk Foundation or other local not for profit agency that services the City of McHenry's residents once a state license has been issued and prior to the issuance of a certificate of occupancy. 6. All other applicable federal, state, and local laws shall be met. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the Approval Criteria for Conditional Uses listed in Section 11-15-5 of the City of McHenry Zoning Ordinance have been met: 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. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 McHenry Fax: (815) 363-2173 _ www.cityofmchenry.org 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 8: 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 9: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: WWI] APPROVED THIS DAY OF .2020 1l� I_ e]W ATTEST: CITY CLERK Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Exhibit A Legal Description of the Subject Property LOTS 8, 9, AND 10 MCHENRY CORPORATE CENTER UNIT 1, BEING A PART OF THE NORTHEAST QUARTER AND PART OF THE NORTWEST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER6, 1989 AS DOCUMENT NO. 89R33780, IN MCHENRY COUNTY, ILLINOIS. PERMANENT REAL ESTATE INDEX NUMBER(S): 14-10-251-001 and 14-10-251-002 and 14-10- 251-003 FORMA File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenty 333 South Green Street o McHenry, 1L 60050 Tel; (815) 363-2170 o Fax: (815) 363-2173 Tel — 7 1. Name of Applicant 600r° Fax Address 2— � j� 2. Name of Property Owned oGAP 4W1� (If other than Applica it - Fax Address / 6�1 Tel 3. Name of Engineer (if represented) Address Fax Tel Name of Attorney (If represented) Fax Address Common Address or Location of Property 6. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) -- Zoning Variance -Minor Conditional Use Permit Zoning Text Amendment Zoning Variance — Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: N A6 [ i fxC US2i FORM A Page] of 3 7. Current Use of Property 8. Current Zoning Classif icatiou of Property, Including Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: South: East: �- West: 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. _1. Application Fee (amount) $_ — _2. Narrative Description of Request _:C 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application _ 5. FORM C — Conditional Use Application 6. FORM D — Zoning Variance Application 7. FORM E—Use Variance Application g. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit —�,9. Plat of Survey with Legal Description --)(-10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis Page 2of3 FORM A 11. Disclosure of Interest The party signing the application sliall 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 nnnte, 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 Owlier is Corporation or Partnershi if the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust if the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of ivlcHeruy 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 Plamririg and Zoning Commission, and thereafter that a recommendation be fonvarded 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 recorumended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) Property Owner Affidavit of Authorization By signing hereunder, I authorize the below -identified person, as my authorized agent, to make application for, and act on my behalf in the administration and implementation of, any or all of the following permits, plans, or approvals (check all that apply) for the property that I own at Address: ,0121,oQ /UdK- ' Work Description: ��eel &"l4 Building permit/Zoning certificate ecial Use Zoning Application iJJ2/=£�`�•117� 1"Jr'i-�' �i•�'�'`A�lo'/ �f`✓'r�' �j+'`��=Prl� ❑ Standard Sediment and Erosion Control Plan a Grading permit ❑ Standard Storm Water Management Plan ❑ Forest Harvest Permit ❑ Health Dept. Commercial Building Permit Questionnaire Stormwater Management Permit 1>1 By signing hereunder, I understand that, as the property owner, I am responsible for any and all work that will result from the issuance of any permit, approval, order or notice or violation issued as a result of an application or request for approval submitted on my behalf by the authorized agent I have named below. I furthermore understand that I will be responsible for the payment of any charges or fees, including review fees, inspection fees, water and sewer hook-up charges, fines or penalties, that result from an application or request for approval submitted by my authorized agent. I also understand that all work performed on my property, whether by me or by anyone else, must comply with all applicable local, state or federal laws, codes, rules or regulations, whether or not specified in a permit, plan or approval. Printed/typed name: Title (if applicable) Address: Telephone Number. Authorized Agent/Applicant Owner o73 VJ 17` �r�i r- (; ��r� E-maii Address: �F�Y/"''� ",t� t rytlF3c Property Owner Affidavit of Authorization Signature: Date: OFfIGAL SEAL STATE OF ILLINOIS ) LAM DOBUR SS. NOTARY K41I C-STAXOFILUMM ��� DIY COM M E�S.�01/210 Countyof ✓nr('[461"y } On the � day of C1 /'j \ before me, the undersigned Notary Public, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that s/he executed the same - IN WITNESS WHEREOF, I have set my hand and seal the day and year as above written. Notary Public for ILLINOIS Residing at __L�A I A Corporate Disk.Company 4610 Prime Parkway McHenry, IL 60050 815-331-6000 dgimbel@disk.com March 10, 2020 Illinois Department of Agriculture Attn: Adult -Use Cannabis Division 801 E. Sangamon Ave. Springfield, IL 62702-1813 Re: Use of property by Denver Cole, LLC for the purpose of a "Craft Grower" facility To whom it may concern: Please be aware that I am the owner of record for the property located at 4610 Prime Parkway McHenry, IL 60050. Please allow this letter to serve as my notice and consent of the use of this property by Denver Cole, LLC for the purposes of a cannabis "Craft Grower" facility, as that term is defined at 410 ILCS 705/1- 10. Denver Cole, LLC has entered into a letter of intent to purchase the property within 30 days of receiving a license to operate a Craft Grower facility by the Department of Agriculture. Pursuant to the terms of the letter of intent, Denver Cole, LLC shall purchase the property in an all -cash transaction, without a mortgage or borrowed funds. Please do not hesitate to contact me if you have any questions or concerns. Sincerely, David Gimbel COO Corporate Disk Company ii FORM C File Number Z-963 CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street n McHenry, IL 60050 o Tel: (815) 363-2170 ,3Fax: (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 each of these conditions as it relates to your request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. No adverse impact on traffic flow. 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. Operations will be conducted indoors and not pose an environmental nuisance. 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. Yes FORM C Page I of 2 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in sucli a way as to place undue burdens upon existing development in the area. The subject property is serviced already by city water and sanitary sewer. 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. 24 hour security will be provided to ensure the safety of customers 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. Agreed. FORM C Page 2 of 2 DC Cole, LLC April 9, 2020 Denver Cole, LLC Overview for the City of McHenry Denver Cole, LLC is an Illinois limited liability company that was formed in December 2019, and 100% owned by Jeffrey Larson who resides at 230 Westfield Way Barrington Hills, ILL 60010. In January 2020 Denver Cole, LLC applied to Illinois for 4 adult use cannabis dispensary licenses and will be applying for an adult use cannabis Craft -Grower, Infusion and Transportation licenses in March 2020. Denver Cole has purchased an option to buy a building located at 4610 Prime Parkway McHenry if it is awarded a Craft Grower license by the state of Illinois, and as such, is seeking the approval form the McHenry Zoning Board to approve a "Conditional Use Permit" to legally grow, process and dispense cannabis. It is anticipated that there will be NO adverse traffic impact, environmental nuisances, public safety and health and neighborhood character. Denver Cole will have onsite security officer(s) 24/7, and it is anticipated that McHenry Police Department will have an interest in increasing patrolling. Estimated Number of Employees Operating Hours Onsite Security 15 - 25 6:00am - 10:00pm Central Time 24/7 Denver Cole plans include creating an educational program to teach cannabis cultivation and infusion. Introductory conversations and meeting scheduling have taken place with McHenry Community Collage's agricultural department to review educational opportunities. Illinois Opportunity Starting January 1, 2020, the State of Illinois allows the adult use of cannabis for consumers 21 and over. There is likely to be an acute shortage of product for the first 12-18 months. Premise • Currently, there are approximately 50,000 registered medical cannabis users in Illinois, with growth estimates of900,000+ consumers when the program is fully operational • Projected product shortages for the first 9-12 months are expected to be approximately 52% until the new licenses are issued, and product is harvested • Licenses will be issued in two waves: o Wave 1: - May 1, 2020 - licenses for up to 75 new dispensing organizations from the Department of Financial and Professional Regulation - July 1, 2020 - Department of Agriculture to award up to 40 licenses for infuser, up to 40 licenses for craft grow cultivation centers, and licenses for transporting organizations o Wave 2: December 21, 2021 - Department of Financial and Professional Regulation will award up to 110 licenses for new dispensing organizations - Department of Agriculture will award up to 60 additional licenses for craft grow cultivation centers, up to 60 licenses for infuser, and licenses for transporting organizations Prime Pkwy Electro Hon jd t 51 Pr;ma P,irkvray Life's Abu dance Inc United way of Greater ' McHenry County k Allendale,, > � e pr mE Prme Pk°;ry Building Type Park 3 Star Flex McHenry Corporate Center RBA 56,000 SF Year Built Jun 1992 Stories 1 Tenancy Mufti Typical Floor 56,000 SF Owner Occup Yes Class B Elevators None Construction Nlasonry Sprinklers Wet Columns None Docks 4 ext Ceiling Ht 24' Drive Ins 1 tot./12V x 14'h Cranes None Cross Docks None Rail Spots None CoStar Est. Rent S6 - 71SF (Flex) Property Mix Industrial 42,100 SF 75.2% Office 13,900 SF 24.8% Power 1,200a 3p Heavy Utilities Gas - Natural, Heating - Gas, Sewer - City, Water - City Parking 150 free Surface Spaces are available', Ratio of 268tl,000 SF Taxes SO.82ISF (2002) %'Valk Scoree Car -Dependent (23) Transit Scoreg' Minimal Transit (17) DCHIis preparing the business build -out in anticipation of its Illinois licenses. Proposed Denver Cole Farms Illinois, LLC "DCFI" Denver Cole, LLC "DC") DC Le as in g, LLC "DCL" Business Lines & QualityHandcraft Cannabis Illinois Adult Use Dispensaries DCLProperty Management Structure Initially managed by Bob Jersey Initially managed by Jeff Larson Initially managed by Bob Jersey Plans • Focus initially on growing and selling flower • Create a high -end rustic modern, • Purchase or lease all and pre -rolls, selected based on aroma, flavor, welcoming look and feel cannabis properties and effect • First location - 4610 Prime Parkway . Property development • Purchase 4610 Prime Parkway —52,000 sq., ft —52,000 sq., ft building McHenry, E. . Purchase equipment building McHenry, E. . May 2020, Illinois will notify 9 Purchase transportation • Begin with 5,000 sq. ft canopy and expand to applicants status of their vehicles 14,000 square feet, when regulations allow dispensary's licenses • Initial production estimated to be —2,000 • DC will begin operation immediately plants/-5,700 pounds of quality recreational upon being awarded one or more cannabis annually licenses • July 2020, Illinois will notify applicants status oftheir Craft Grower licenses • DCFI operations will begin immediately • First harvest is projected within 12-18 months • Partner with McHenry Community Collage Operations • Formed Advisory partnerships with leading a • Formed an advisory partnership with • Lease or sublease cannabis multi -state cannabis operator to serve leading Illinois cannabis operator to properties to DC consultant for a minimum of two years serve as dispensary advisor dispensaries, cultivation • Provide up to 15 full- and part-time jobs • Form advisory partnership with centers, transportation and • At full capacity of 14,OOOk sq. ft., expected leading Illinois cannabis pharmacist infusion etc. production will be —10,000 pounds annually • Provide up to 15 full- and part-time • Seek to hire individuals that live in McHenry jobs Country with ex un able cannabis crimes Recruitment discussions are underway for positions of Chief Operation Officer (Master Grower), Chief Financial Officer, Head of Compliance, Head of Security, and other senior management positions Founders' Management Expertise • Leading multidisciplinary teams • Branding &Marketing • Corporate governance • Retail consumer goods • Management of large-scale budgeting and financials 0 Top -tier education and training Accomplished Management DCV's management team has significant experience with highly regulated industries involving comprehensive compliance requirements. Jeffrey (Jeff) Larson and Robert (Bob) Jersey will oversee the development of individual business units and retain sophisticated cannabis -related experts to advise on the roll -out ofproduct, governance, security, and dispensing operations. Mr. Larson and Mr. Jersey have managed multi -million -dollar businesses with multi -disciplinary teams and large-scale budgets within highly complex and regulated environments. Both have grown several entrepreneurial ventures, from seed ideas to successfully thriving companies. Mr. Larson's background is in top -tier education and training, and he is a co-founder of the Triumph Education brand. Over the past ten years, he has been instrumental in the development of the firm's growth into a global culinary arts program synonymous with excellence and success. Mr. Jersey has over 45-years' experience in C-level management in the securities industry and is a cofounder of Gar Wood Securities, an institutional FINRA/SEC/NFA broker dealer, where he is currently President and Chief Executive Officer. As the two Co -Managers develop each business line, they will retain strategic advisors with extensive experience in medical cannabis, who have been at the forefront of establishing similar U.S. and international businesses. The strategic advisors are experts in the design, build -out and operations of greenfield cultivation and processing facilities within short timeframes and across multiple jurisdictions. Their organizational acumen includes the implementation of standard operating processes across widely dispersed organizations with broad regulatory requirements. The advisors specialize in setting policy, protocols and standards within the medical cannabis market and inspecting medical cannabis facilities and operation to ensure appropriate compliance. In anticipation of winning the licenses, recruitment discussions are underway for positions of Chief Operations Officer (Master Grower), Chief Financial Officer, Head of Compliance, Head of Security, and other senior management positions. Plan for Community Engagement Denver Cole's core mission is to provide safe, consistent and effective cannabis products. Our Community Engagement Plan is designed to address community issues and concerns and to enable Denver Cole to become a model corporate citizen with a long-lasting and positive relationship with our community. Core principles • McHenry Community Collage • Local Compliance and Integration • Boys and Girls Club • Philanthropy, Charitable Giving and Volunteering • Community Outreach • Local Hiring and Buying Preferences • Strategic Partnerships with Local Businesses and Individuals • Professional Business Practices and Security • Education and Research Involvement Diversity Plan • Plan for and create a more diverse workforce • Develop an integrated approach to managing diversity across business operations • Commit to similar diversity ratios as general population among Denver Cole's Principal Officers, dispensing agents, contract service providers, and advisory board • Appoint a Diversity & Inclusion Advisor to ensure diversity throughout organization, policies and practices • Provide training, mentoring and education programs for all, including programs on cultural competency, sensitivity, and fairness • Offer career guidance and planning programs, and implement merit -based, non-discriminatory performance appraisal systems • Conduct outreach programs, such as internship programs, community involvement at civic events and other forums Outside Contractors • Denver Cole intents to preference locale McHenry county contractors • MBE/WBE program to achieve 15%of Services, Procurement and Supply Chain from WBE and MBE Entities • Create a directory of MBE/WBE companies as a preferred source for procurement and monitor/track to ensure equal opportunities for all Compliance Plans For Denver Cole, compliance is an essential business requirement and a foundational value. Safety and Quality Assurance • Ensure safety by dispensing adulterant -free products cultivated in secure environments • Maintain rigorous quality assurance and quality control protocols along every step of the growth cycle and supply chain • Serves as a guide for every team member for job performance, product production practices and delivery of superior customer service Audit Procedures —3d Party Financial • Procedures to provide independent, objective examination of risk management, control of cannabis and security protocols • Internal and external auditors will identify and evaluate significant exposures to risk, improvements to control systems and processes and maintain/review procedure effectiveness and efficiency with recommendations for improving overall security • Retain licensed financial audit company to conduct frequent and regular audits, applying collaborative and consultative approach to identify theft and loss procedures processes and negative impact activities across production, manufacturing, distribution, inventory, sales, records, and general accounting of cannabis 7 Management Biographies Jeffrey Larson, CEO JeffLarson is co-founder of Triumph Education, established more than 10 years ago, and currently has over $45 million in revenues. In his current role as Chief Marketing Officer, he continues to expand the Triumph Education brand, utilizing his expertise in analytics, direct marketing, search engine optimization, social media, video production and digital marketing. His friendly personality and motivational energy make him an essential asset in driving sales teams, building business relationships and guiding Triumph Education into a global culinary arts program synonymous with excellence and success. Jeff previously held the positions of Director of Sales and Vice President of Sales &Operations. Jeff is a graduate of the University of Kansas, where he received his BS in Economics. He has been working in post -secondary education for over 12 years, after initially teaching at American hiterContinental University and Colorado Technical University. He won the MarCom Platinum Award for his involvement in building the Escoffier Online website. Bob Jersey, Director Bob Jersey has more than 45 years ofsecurities and futures industry and is the President and CEO of Gar Wood Securities, LLC, a company he co-founded in 2004. Gar Wood is an institutional FINRA/SEC/NFA broker dealer that services money managers, family offices, and high net worth individuals. The firm has become a leading U.S. broker dealer working with investors to identify investment banking opportunities in the global cannabis space and to help clients buy and sell shares and options in cannabis stocks. Bob is also a director of The Catalysis Opportunity Zone Fund, LLC, which has —$125 million AUM as of 12/31/2019. His prior experience includes 28 years at ABN AMRO, where he was the founder and manager ofABN AMRO's Prime Brokerage and Corresponding Clearing units. Strategic Advisors Expertise • Possess broad experience in medical cannabis and establishing related U.S. and international businesses • Design, build -out, and operate greenfield cultivation and processing facilities in tight timeframe and multiple jurisdictions • Implement hundreds of standard operating processes across complex, widely dispersed organizations • Hire and train teams of employees in strict compliance environments • Comply with state regulations and regulatory requirements • Set policy, protocols and standards within a medical cannabis market • Review and inspect numerous medical cannabis facilities and operations for compliance Grow Master Advisor Matt Walkowiak Matt as a Senior Cultivator R&D Cultivation Specialist has over a decade of experience growing and cultivating over 100 strains of medical grade cannabis; specializing TUC flower and CBD / CBG / CBN research and development for extraction and international seed and clone sales. As a deeply rooted jack -of -all -greens, Matt has earned a reputation for excellence in cannabis genetics, growing for flower, seed, extraction, preservation, and research Matt currently serves as a Director for Grow Operations for KifCure, LLC, Jade House Michigan, LLC, a Vice President of Horticulture for Nexem, LLC and is the principal at Resinomics, a THC company he founded. KifCure is a Midwest CBD grow consulting, extraction and infusion company. Jade House, Michigan focuses on recreational THC in Michigan. KifCure is involved in processing and procurement of CBD for retail products, including edibles, topicals, and smokable flowers. Products are distributed to retailers, wholesalers and online. Nexem is an indoor grow solutions provider with a proven track record of R&D. Nexem specializes in the design of indoor CBD and THC grow spaces across the country, also selling equipment and software for automated grow systems, including their own product, a fully automated self-contained grow space set up in a shipping container, for farmers to produce their own hemp seeds, or for the THC market for plug and play cultivation. Matt personally oversaw the company's experimental hemp farm in Marseilles, Illinois gaining firsthand experience in farming and outdoor CBD cannabis growing. Recently Matt has started a breeding program for CBD and CBG production Matt's encyclopedic knowledge of best cultivation practices, whether for indoor or outdoor grows, whether focused on high yields of THC, CBD, or other emerging cannabinoids or some other purpose is second to none. He is proficient in the creation and distribution of virtually all legal cannabis products. Extractions like wax, oil, budder, rosin, live resin and more are familiar parts of the trade. He is able to quickly and efficiently maximize grow potential for a given space, customized to the goals of the grow and various control factors involved, light, temperature, humidity, substrate etc. Matt is also skilled in a variety of industry leading software including MJ Freeway and Biotrack. Matt has studied Physics, Mathematics, and Anthropology, and one year in the PhD program in physics at the University of Illinois, Chicago. Matt's physical science background has given him the tools needed to easily learn volatile and non-volatile extraction. Matt help to launch Nature's Grace and Wellness when Illinois Medical Marijuana Pilot Program was first approved. During this time, he managed a team of grow operations staff.' cloning, cataloguing, harvesting, trimming, processing, and packaging cannabis, and provided them with their original 15 genetics for their THC dispensary flowers. Valuation and Financial Advisory Houlihan Capital, Chicago Houlihan Capital has extensive experience providing companies with objective, independent, and defensible opinions of value that meet accounting, regulatory, and corporate governance requirements. Our analyses and reports are transparent, supportable, and clearly outline the assumptions and projections incorporated into our financial models. We consistently apply sound methodologies and unbiased perspective in our work product that enables management teams and fiduciaries to make confident informed decisions. Application Consultant Cloud Nine Consulting, Chicago Cloud Nine is a consulting group composed of some of the most experienced names in the commercial cannabis industry, having been involved in the business since 2014 in Illinois, Maryland, Nevada, Ohio, Massachusetts, Michigan, Pennsylvania, Puerto Rico, Oklahoma, California, Arkansas, and New Jersey, and in every facet ofthe industry (cultivation, manufacturing, legal, compliance, retail, transactional and operational support). The group's principals started in the industry in Illinois upon the commencement of the Medical Cannabis Compassionate Use Pilot Program and have been working in the space ever since, including raising tens of millions of dollars, overseeing complex facility buildouts, and ensuring that the entities with which they are affiliated are first -to -market, profitable, and successful. The group's principals have also overseen the development of scores of successful products and brands, with deep market penetration in the markets where their products are available. Joseph M. Wright, Chicago Joseph Wright is an attorney, former Congressional aide, and was appointed by the Governor of Illinois as the first Director of the Illinois Medical Cannabis Program. Joseph co-founded and served as head of regulatory affairs for NuSierra, a Canadian -Colombian medical cannabis producer licensed to export globally. Joseph was the lead drafter for medical cannabis licensing applications in Ohio, Michigan, New Jersey, Colombia, Germany, and Canada. Joseph successfully lead implementation of the Illinois Medical Cannabis Program within six months of assuming the role of Director, authorizing Illinois' first legal sales of cannabis. During Joseph's tenure, the program grew exponentially; Illinois' patient population expanded by 300% and retail sales recorded constant increases, surpassing $3 million per month. Joseph co -drafted legislation amending and extending the Illinois medical cannabis program, developed and guided policy across eight state agencies, and was instrumental in creating industry compliance protocols, procedures, and guidance. Joseph spoke publicly to multiple industry groups, advocacy organizations, and media outlets about medical cannabis policy, regulation, and best practices. Joseph's writing about medical cannabis regulation was featured in Crain's Chicago Business, and Joseph was profiled by Chicago Magazine and National Public Radio. Joseph served as an Assistant General Counsel for the Governor ofIllinois—acting as legal liaison for the two main regulatory arms of the cannabis program —and oversaw the distribution of cultivation and dispensary licenses. Before becoming an attorney, Joseph served as a legislative aide to Members of the U.S. House of Representatives. In this role, Joseph developed policy, drafted speeches, and represented Members of Congress before constituents, industry groups, and advocacy organizations. Joseph drafted and guided legislation through the Congressional committee process to passage in the House of Representatives. Contact Information Denver Cole, LLC 150 North Martingale Suite 300, Schaumberg, IL 60173 JeffLarson, CEO T: 847-702-6761 E: jefl'reylarson7(a_)gmail.com Bob Jersey, Director T: 847-770-5753 E: biersey56glzmail.com 10 EX001 Ffm �=jo;oafad�,xoqui#jgbo-gwj=qe;�/o/n/view/woo- al6006-Iiew//:sd;;U � ee ALTA/ACSM LAND TITLE SURVEY LOT •eo LOT s ia* r �+.mw �.^ � .' � _ w r-�a,+ a w «..,«« v ..•�M.. :: `�I�.•�w t+« �wr+..�»,.. k..,en h. m. M W Wtl•Mr iw wnw ri ititl W 4,YY W zr Nrr w a. I(�Y #Y d l w4+M Arne. � Y a0 i �.aawr�f ,Yn. a.. u£ "` +... �IU��IM irM �►XIM IYItlMY bill. 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I'Wr* M 6 hhere tit oe<xapelnq cM+. hoe too. or ky tpy t S•,.. remre tnnaport eehlnkrbr flower room 3Sx38 ,....,.. ._ bWkenp . f ,.... ...qmeh to 38 .. .,.... __.� .._. uam•.ec :a _. ,... >'.aepe flower room 35x38 .. r.............. > _ .. .. ... ._.... 35 hftps:flmall.google.com/maiUu/O/?tab=rm&ogbl#inbox?projector=l Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FOR: May 4, 2020 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Text Amendment(s) to the City of McHenry Zoning Ordinance Including but not limited to Chapter 13: Landscaping and Screening and Chapter 19: Variances. 1. Location Map 2. Approved Planning and Zoning Commission Minutes dated February 19, 2020 and Unapproved Planning and Zoning Commission Minutes dated April 15, 2020 3. Ordinance adopting text amendments to the City of McHenry Zoning Ordinance. 4. Exhibit "A" - Landscaping and Screening Text Amendment AGENDA ITEM SUMMARY: City staff are requesting approval of text amendment(s) to the City of McHenry Zoning Ordinance including but not limited to Chapter 13: Landscaping and Screening and Chapter 19: Variances. BACKGROUND: Landscaping and Screening Text Amendments Staff researched landscaping and screening ordinances from surrounding municipalities including Crystal Lake, Woodstock, and McHenry County in an effort to update the City's Landscaping and Screening Ordinance. Along with incorporating changes based upon this research, staff are also incorporating best management practices identified by the American Planning Association (APA). Staff have made several wording and formatting changes to make the Landscaping and Screening Chapter easier to interpret. Staff have also included language within the ordinance to allow Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org developers to creatively develop properties to incorporate best management practices for stormwater drainage and green infrastructure (bioswales, pervious pavement, etc.). Additional language has been added to allow the Zoning Administrator to waive certain landscaping and screening standards if there are unique site specific circumstances, enforcement would result in extreme financial hardship, or if the intent of the ordinance has been met. The goal is to address existing legal nonconforming commercial properties and to encourage compliance without discouraging development. Ultimately, it would allow city staff to provide quality and responsive customer service to our local businesses and residents while encouraging compliance with our Landscaping and Screening Standards. Staff also received input from the Planning & Zoning Commission and have incorporated their feedback. Chapter 19: Variances (Administrative Variation) Staff analyzed what zoning requests would be appropriate for an administrative review process in an effort to improve customer service. Staff surveyed other municipalities and found that Crystal Lake, Woodstock, Lakemoor, and McHenry County have an administrative variation process for residential variances. There have been a total of 67 Applications for Minor Variances since the City of McHenry Zoning Ordinance was approved in 1986. Of the 67 minor variance requests, 64 were approved and 3 were withdrawn or cancelled (2 of the petitions were for the same property). Staff believes the City would benefit from allowing staff to process Minor Variance requests administratively. Minor Variance requests are only applicable to single-family detached or attached dwellings or single-family detached or attached building lots. A summary of the current and proposed administrative variation process is provided below. Current Minor Variance Process: Approximately 1-2 months. I. Complete application and $425 fee submitted to the Zoning Administrator. 2. A notice has been delivered via certified mail, return receipt requested, to adjacent property owners that are abutting or across a public right-of-way. Department of Community Development OVA McHenry Municipal Center v 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 McHenr www.cityofmchenry.org 3. Public notice published in Northwest Herald 15 days prior to meeting. 4. Planning & Zoning Commission public hearing recommendation. 5. City Council final vote. Proposed: Approximately 1 month. 1. Complete application and $75.00 fee submitted to the Zoning Administrator. 2. A notice has been delivered via certified mail, return receipt requested, to adjacent property owners that are abutting or across a public right-of-way. (This would be completed by staff) 3. If no written objections have been received within 15 calendar days of receipt of notice. If certified mail is unable to be delivered by the post office after several attempts then it is automatically considered approved. a. If an objection is received, it will be denied. Applicants would then need to go through the current process for Minor Variances. 4. The Zoning Administrator may deny the request if he or she believes the request will negatively impact property values, orthe health, safety, and welfare of the general public. RECOMMENDATION: If the City Council concurs it is recommended the attached ordinance approving various text amendments to the City of McHenry Zoning Ordinance be approved (Mayor and City Council vote -simple majority). 4 v �+ McHenr Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Approved Planning and Zoning Commission Minutes dated February 19, 2020 Preliminary Discussion — Landscaping Text Amendments Discussion pertaining to zoning text amendments regarding the landscape ordinance ensued. Planner Sheriff gave an overview of the landscaping ordinance, its flexibility, the charts and how it was supposed to be "easier" to use. Commissioner Doherty inquired about poles being in landscape islands and getting hit and remaining in islands indefinitely. He also suggested rocks be utilized in islands instead of mulch particularly where there is a lot of pedestrian traffic. Planner Sheriff clarified middle islands would only be required every 20 spaces for parking lots with 40 spaces or more and another goal of the ordinance was to incorporate bioswales and the principles of stormwater management. Chairman Strach stated other things, such as speed bumps could be incorporated into the design of parking lots, as well as other traffic calming devices. Discussion ensued about whether the perimeter buffer should be 5 or 10 feet in width. The point was made that 10 feet may be more appropriate if they were going to be utilized for stormwater management. Chairman Strach pointed out that previously the gas stations that had come before the Commission had requested variances for building perimeter landscaping because the landscaping would have been trampled. More discussion ensued on the proposed ordinance. Commissioner Sobotta stated he likes jiving developers flexibility. Planner Sheriff talked about the residential screening strip. Discussion ensued about 6 or 8 foot fence heights and building perimeter landscaping. Planner Sheriff explained what planned unit developments were. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Unapproved Planning and Zoning Commission Minutes dated April 15, 2020 City of McHenry File No. Z-961 Text Amendments to the Zoning Ordinance including but not limited to Chapter 13: Landscaping and Screening and Chapter 19: Variances. Chairman Strach called the discussion to order at 7:54 p.m. regarding File No Z-961 a request for various text amendments to the City of McHenry Zoning Ordinance including but not limited to Chapter 13: Landscaping and Screening and Chapter 19: Variances. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and A Certificate of Publication is on file in the City Clerk's Office per ordinance. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating City Staff are in the process of updating various sections of the City of McHenry's Zoning Ordinance. Various text amendments are proposed to the Landscaping and Screening Standards based on feedback from commercial property owners as well as recent development projects. Research was done on landscaping and screening ordinances from surrounding municipalities including Crystal Lake, Woodstock, and McHenry County and staff also incorporated best management practices identified by the American Planning Association (APA). Staff has also included language within the ordinance to allow developers to creatively develop properties to incorporate best management practices for storm water drainage and green infrastructure. Planner Sheriff further stated the City of McHenry has many commercial properties that have aged and require improvements be made - sometimes at great cost. The City also recognizes the value of our commercial entities and the role they play in making McHenry a great place to live and work. Additional language has been added to allow the Zoning Administrator to waive certain landscaping and screening standards if there are unique site specific circumstances, enforcement would result in extreme financial hardship, or if the intent of the ordinance has been met. The goal is to address existing legal nonconforming commercial properties and to encourage compliance without discouraging development. Ultimately, it would allow city staff to provide quality and responsive customer service to our local businesses and residents while encouraging compliance with our Landscaping and Screening Standards. Staff recommends & McHenr Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org approval of text amendments to the City of McHenry Zoning Ordinance including but not limited to: Chapter 3: Definitions and Chapter 13: Landscaping and Screening, as presented. In Addition, in regard to Text Amendments including but not limited to Chapter 19: Variances of the City of McHenry Zoning Ordinance, Planner Sheriff stated staff analyzed what zoning requests would be appropriate for an administrative review process in an effort to improve service and not require a public hearing. Staff surveyed and found that Crystal Lake, Woodstock, Lakemoor, and McHenry County have an administrative variation process for residential variances. There has been a total of 67 Applications for Minor Variances since the Zoning Ordinance was approved in 1986. Of the 67 minor variance requests, 64 were approved and 3 were withdrawn or cancelled). Staff believes the City would benefit from allowing staff to process Minor Variance requests administratively, noting that minor variance requests only are applicable to single-family detached or attached dwellings or single-family detached or attached building lots. A summary of the current and proposed administrative variation process was provided and staff recommends approval of text amendments including but not limited to Chapter 19: Variances of the City of McHenry Zoning Ordinance, as presented. There were no questions from the Commissioners. Motion by Walsh, seconded by Doherty, to recommend to the City Council with regard to File No. Z-961, approval of an application for text amendments to the City of McHenry Zoning Ordinance including but not limited to: Chapter 3: Definitions and Chapter 13: Landscaping and Screening and approval of text amendments including but not limited to Chapter 19: Variances of the City of McHenry Zoning Ordinance, as presented, be granted. Roll Call: Vote: 6-ayes: Commissioners Doherty, Lehman, Sobotta, Strach, Walsh, and Thacker. 0-nay, 0-abstained, 1-absent: Gurda. Motion Carried. Chairman Strach closed the discussion regarding File No. Z-961 at 9:15 p.m. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 20- AN ORDINANCE ADOPTING TEXT AMENDMENTS TO THE CITY OF MCHENRY ZONING ORDINANCE WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed by the City of McHenry requesting text amendments to the City of McHenry Zoning Ordinance; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on April 15, 2020 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested text amendments; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested text amendments currently requested and approved by this ordinance are consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That Chapter 13: Landscaping and Screening of the City of McHenry Zoning Ordinance is here by repealed and replaced with the text amendment language attached hereto this Ordinance as Exhibit "A". SECTION 2: That the following provision of Section 11-3-1(F) of the City of McHenry Zoning is hereby deleted: "FOUNDATION BASE: An area designated around the building for curbing and landscape improvements." And replaced with: "BUILDING PERIMETER LANDSCAPING: An area designated around the building for curbing and landscape improvements. Department of Community Development McHenry Municipal Center 333 Green Street v , McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 McHenrwww.cityofmchenry.org GREEN INFRASTRUCTURE: A strategically planned or managed network of natural lands, working landscapes, and other open spaces that conserve ecosystem values and functions along with products, technologies, and practices that use natural systems — or engineered systems that mimic natural processes —to enhance overall environmental quality and provide utility services." SECTION 3: That Section 11-19-3: Minor Variances of the City of McHenry Zoning Ordinance shall be amended by adding thereto the following language: "C. Administrative Variation: Applications for Minor Variances may be reviewed and approved administratively. The Zoning Administrator will review and approve Minor Variance applications that meet the following standards: 1. A complete application has been filed with the Zoning Administrator. 2. A notice has been delivered via certified mail, return receipt requested, to adjacent property owners that are abutting or across a public right-of-way. 3. No written objections have been received. If any noticed property owner files a written objection to the administrative variation within fifteen (15) calendar days of receipt of such notice, the Minor Variance shall be denied. a. If denied, the property owner may submit an application for Minor Variance to be considered by the Planning & Zoning Commission and City Council. Other procedures and requirements shall be as provided for in the Filing Submissions section." SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF 12020 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: Department of Community Development McHenry Municipal Center 333 Green Street APPROVED THIS DAY OF 12020 MAYOR ATTEST: CITY CLERK McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org CHAPTER 13: LANDSCAPING & SCREENING 11-13-1: PURPOSE: The purpose of the requirements in this section is to provide for landscaping and screening of parking and other outdoor areas that will: (Ord. 91-553) A. Protect residential environments from effects of more intensive adjacent uses; B. Protect users of parking areas from excessive wind, glare, and temperature extremes; C. Reduce the adverse effects on public streets and adjacent properties of noise, blowing dust and debris, and motor vehicle headlight glare; D. Discourage unsafe access to and circulation within off-street parrking areas; E. Allow for a degree of flexibility to accommodate property owners based upon unique site specific circumstances; F. Contribute to improved community appearance and maintenance of property values; G. Promote environmental conservation; and H. Be functional with deciduous trees providing natural shading for windows in the summer and evergreen trees providing year round screening and protection from the winter wind. 11-13-2: LANDSCAPE SCREENING STANDARDS: A. RESIDENTIAL SCREENING STRIP. The purpose of the residential screening strip is to provide a healthy buffer between residential uses and more intense commercial or industrial uses. Table 1 Zoning Districts Reauirin2 Residential Screenine Strips If the below zoning district ...this zoning district. Screen Strip Area Minimum Height locates adjacent to... for Side and Rear Yards O 1-2, C 1-5, I.1-2 E, RS 1-4, RA-1, RM 1-2 5-foot 4-5-feet 6-feet 54eet RA-1, RM 1-2 E, RS 1-4 5-foot 4-0-feet 6-feet 54eet 1. Applies also when yard is adjacent to an improved or unimproved alley right-of-way that is adjacent to property in these districts. Table 2 Residential Screen Strip Design Standards The Residential Screening Strip shall consist of a privacy fence and a landscaped barrier. Privacy Fence/Opaque 1. A 6-foot high opaque masonry wall (stone, stucco, or brick), Screening privacy fence, or dense evergreen hedge shall be installed in addition to the landscaped screening unless adjacent to a public road right-of-way. 2. Shall be along 100% of the yard length. 3. Shall be located interior to the landscaped screening. Landscaped Screening A. A 5-foot wide landscaped perimeter shall be installed. B. Shall be along 100% of the yard length. C. Shall be exterior to the privacy fence. D. Trees shall be planted to provide a continuous canopy at maturity. Page 1 E. Shrubs shall be planted on average of 1 for every 3 feet of yard length. The Zoning Administrator has the ability to waive these provisions if the administration of the code is deemed excessive based on the uniqueness of the site and the intent of the ordinance has been met. B. PARKING LOT PERIMETER LANDSCAPING. The intent of parking lot perimeter landscaping is to screen head lights from view from the right-of-way and from other adjoining properties. The Zoning Administrator has the ability to waive these provisions if the administration of the code is deemed excessive based on the uniqueness of the site and the intent of the ordinance has been met. Tahln Z• Parkina I.at Perimeter Landgennina ne.Cion Standards y Screening Y Strip Width Landscaped Screening Composition Landscape Base Shade Tree Canopy Height' Shade Tree Plantings Landscape Screening Length' 5-feet Contiguous Any combination of 7-feet An average of 100% of row/canopy of two (2) other shrub minimum one (1) shade parking lot evergreen screening. species in addition to tree per thirty perimeter. the evergreen (30) linealfeet of A minimum of 3-feet screening. parking lot up to a maximum of perimeter. 4-feet in height/width at maturity. i. At installation in order to prevent sight line obstruction. 2. Excluding ingress/egress points, site triangle. and other areas determined by the Zoning Administrator to be inappropriate. C. PARKING ISLANDS. The intent of 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. All rows of parking spaces shall be terminated by a parking lot island or landscape area. The Zoning Administrator has the ability to waive the termination island or parking island design standards based upon the uniqueness of the site. TahlP d• Parkina Wand M Qian Ctnndnrdc iParking Island Area ySpacingl Shade Tree Plantings Shade Tree Canopy Height 8'x15' 1 parking island per 20 1 per island 7-feet minimum 4-5 spaces. For parking lot rows greater than or equal to 40 spaces. Unique designs that incorporate stormwater and green infrastructure best management practices from a nationally recognized or accredited institution may substitute parking island requirements. The Zoning Administrator has the ability to determine if a unique design meets the intent of the ordinance. D. SITE LANDSCAPING (Interior site landscape in addition to any screening strips). A landscaped area Page 2 equal in size to at least 10% of a parking lot area shall be planted onsite using a mixture of plants. Building and Parking Lot Perimeter Landscaping can be credited towards the 10% requirement. The Zoning Administrator has the right to reduce this requirement based upon the uniqueness of the site. E. BUILDING PERIMETER LANDSCAPING FOUNDATION BASE is the combination of curbing and landscape materials which helps to break up the base of a building. It also incorporates pedestrian walkways and a safe waiting area outside the main entry doors. Some examples of how building perimeter landscaping may be incorporated into a site are included below. Building perimeter landscaping is not required at loading areas. r,t.,.IEk-• `Vwa Landscape is placed around the entire exterior of the building to break up the wall planes and to accentuate the building's architecture. Nil did Typical building perimeter landscaping around a building. 1. Building Perimeter Landscaping Minimum Design Standards. Table 5: Building Perimeter LandscaDina Minimum Design Standards Building Size Front Side Rear Building < 10,000 s.f. 5-foot 10-foss wide 546ot 10-foo wide 5-foot wide landscaped perimeter. Tree planting requirement. landscaped perimeter. 25% of total side lineal landscaped perimeter. 5% of total lineal feet landscaped. Building >'10,000 s.f. Building > 80,000 s.f. 30% of total front lineal feet landscaped. feet landscaped. Building Perimeter Landscape Design Composed of at least 3 different plant or shrub species. The species of plant shall be proportional. The remainder of space shall be composed of living plant material. Trees: Caliper at Maturity Number of Trees Design Tree Planting 3 inches minimum 1 per 30 lineal feet of It is recommended that Requirement building frontage trees be grouped in clusters. 2. Drive-Thru Window Side Landscape Exception. Any building or site which has a drive- thru or drive -up window shall not be required to meet the above building perimeter landscaping requirements for that side. The landscape perimeter shall be allowed to taper Page 3 down to the window location if a 5-foot perimeter is not feasible. At least one species of shrub must be used. At the window location a minimum 6-inch curbing shall be provided to distinguish the edge of the building from the pavement. Examples of building perimeter landscaping_ H t xterw & wr 11k p lc ertr,:rC.- V4 -� Pf tVff h4N.5 Eunra Wa' crswlkd•+�,,.��, V 1 F*X1&xr Wit, K'.ai5ed PlaterNt ■. ..�_P!Jv�_ !! F t �a G.r�ti ;tai f«o4r wA 'K'aiscd Planer 13vx nt Ne ai5-6 a I Front entry areas with walkway and landscape. '- - t ....w r.,. F�1+ti1 ® spa —i r*tw AWz Mechanical Equipment (Rooftop and Ground Equipment). Includes all mechanical equipment as defined herein. All cooling towers, mechanical equipment or appurtenances, vents, intakes or stacks or other rooftop structures, shall be screened by a parapet wall, solid metal sight screening or similar systems designed for use as screening of these types of devices. (Continued on next page) Page 4 Table 6• Screenino of Mechanical E ui went RooftoD and Ground E ui ment Screen Required From Proposed Zoning To Existing Adjacent Zonings Subject Property) 75% of height3 - of mechanical equipment 0-1-2, C 1-5, BP, I 1-2 E, RS 1-4, RA 1, RM 1-2 50%2. of height3 of mechanical equipment RA-1, RM 1-2 E, RS 1-4, RA-1, RM 1-2 50%2. of height 3. of mechanical e uipment 0-1-2, C 1-5, BP, I 1-2 0-1-2, C 1-5, BP, I 1-2 s. Adjacent zoning includes properties with yards abutting or across an improved or unimproved street or alley from any boundary of the subject property. 2. A minimum of a 48" high screen or 50% of the height of the mechanical equipment, whichever is greater, shall be required. (ORD-14-1683) 3. Height shall be measured from the base of the equipment or structure to the tallest point including any antenna or any ancillary appurtenances, whether temporarily and/or permanently affixed/attached. Additional Mechanical Screening Provisions. 1. All rooftop and ground screening, other than landscaping, shall be of a material and color compatible with the materials used on the exterior of the building. 2. Ground screening shall consist of a landscaped strip including evergreen trees and shrubs, which may be combined with a solid fence or wall. 3. Chain link -style fencing is prohibited. 4. A 3-foot clearance shall be provided around all equipment to allow access and maintenance. 5. The Zoning Administrator has the ability to waive or lessen mechanical screening requirements based on the uniqueness of the site, the intent of the ordinance has been met. or if enforcement of the ordinance would cause excessive financial hardship. 4. 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. 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. 5. Natural Areas shall be maintained and protected by all applicable local, state and federal laws and requirements. 6. Refuse Enclosures shall be required for all buildings containing three or more dwelling units and all nonresidential -zoned property. Properties located within Business Park and Health Care Districts shall comply with refuse enclosure requirements outlined in VI. Office, Industrial, Business Park, Agricultural & Mining Overlay, and Health Care Districts. a. All refuse shall be stored within an enclosed building, or if located outside of an enclosed building all refuse and refuse containers shall be screened on all sides by a solid wall or Page 5 fence (chain link fencing is prohibited) a minimum of 6 feet in height. If a solid wall is utilized the materials of the wall shall be designed of durable materials with finishes and colors similar to the principal building. Refuse shall not be visible from outside the refuse enclosure. All enclosures shall be accessible by vehicles which will be required to access the containers. Refuse disposal areas shall not be located between the front or corner side lot line and the principal building. Cross-reference Chapter 11 of the municipal code and Article X. Accessory Uses, Yards & Fences. b.Any site addition, alternation or modification, which requires the re -location of an existing refuse disposal area, which does not comply with the provisions of this ordinance, must be brought into compliance with the new Ordinance provisions outlined herein. (ORD-14-1683) F. STREET PLANTINGS must conform to the Subdivision Control Ordinance Section 6.12 Landscaping and the Technical Specifications Manual Section I. Parkway Trees. G. BUSINESS PARK and HEALTH CARE DISTRICT LANDSCAPE REQUIREMENTS. (MC-91- 553; MC-97-672) a. Curbing in Parking Areas: All parking island strips and parking perimeters shall be separated on all sides from the parking surface by concrete curbing. b. Uses Requiring Landscaping or Screening: A minimum of five (5) percent of the parking area in Industrial Uses and ten (10) percent in all other uses shall consist of landscaping. Any landscaped strip required hereunder may be creditedtoward this requirement. A screen for off- street loading shall be a minimum of six (6) feet high. c. Sizes of Minimum Plant Materials at Planting: 1. Shade Tree: a deciduous tree with a minimum caliper of three (3) inches. 2. Conifer: a coniferous tree with a minimum six (6) foot height. 3. Ornamental: a deciduous tree or large shrub with a minimum caliper of two (2) inches or minimum height of six (6) feet. d. Building Perimeter Landscaping: 1. In addition to any before mentioned building perimeter landscaping requirements for the building, Ilealth Care Buildings shall provide a minimum 6-foot walk and 7-foot wide landscape area for safe drop off for patients. enttrame to Hedth Cz-e I uMtrzi s 4-MnW4 ral,Wrxt Prop Off H. SIGN LANDSCAPING. An effective monument sign not only draws the public's attention to the business located at that site, but also adds to the aesthetic appeal of the site. Monument signs attract a Page 6 significant amount of attention so the use of strong landscape design principles, which incorporate a variety of plant materials and provide visual interest throughout the year, should be used. a. A sign landscaping plan drawn to scale must be submitted as part of a sign permit application for all monument signs. b. For every one (1) square foot of gross sign area, there shall be provided a minimum of two (2) square feet of landscape planting area including both plant material and grasses and shall be located within 5-feet of the base of the sign. The base landscaping shall be composed of at least three different species of plant or shrub. 11-13-3: LANDSCAPE PLAN SUBMITTAL REQUIREMENTS A. When required, a landscape plan shall be filed with an application for: i. Rezoning ii. Conditional Use Permit iii. Any variance from landscaping or screening requirements iv. Integrated Design District Preliminary or Final Plan approval v. Preliminary or Final Plat approval as provided in the Subdivision Control Ordinance vi. And Development as defined in the Subdivision Control Ordinance vii. Building Permit or Certificate of Occupancy (Ord. 86-382, 12-22-1986) viii. Use Variance. (MC-94-614)' ix. Free-standing Monument Sign application B. The City Council may waive or defer this requirement in any instance in which the specific use of the premises, and therefore the specific landscaping and screening requirements applicable, are not yet determined, such as in the case of a rezoning for an industrial subdivision. C. Content of Landscape Plan 1. The location and dimensions of all existing and proposed structures, parking lots and drives, roadways and right-of-way, sidewalks, bike paths, ground signs, refuse disposal areas, bicycle parking areas, fences, freestanding electrical equipment, utility easements, conservation easements, lighting, tot lots and other recreational facilities, proposed locations of storm water inlets, valve vaults, hose bibs, manholes, hydrants, fire department Siamese connections and other structural features as determined necessary by the Zoning Administrator; 2. The location, quantity, size, root ball condition and name, both scientific and common of all proposed plant materials, and existing plant materials to be preserved as well as boundaries of all planting beds; 3. The location of all proposed berming and drainage swales, indicating contours at one foot (1') intervals, percent of slope and the location of all proposed drainage features with natural vegetation including, but not limited to rain gardens and other storm water detention and infiltration areas; 4. Specification and boundaries of all natural landscaping areas, including prairie, woodland, and wetland plant communities, identified by specific community type and by scientific and common names of all species; 5. Elevations and details of all fences, bridges, retaining walls or other decorative features proposed for location on site shall be included. The details shall include, but are not limited to materials, colors, styles and sizes; 6. Landscape data box which shall include the required and proposed calculations for the following: Page 7 a. total area in square feet of the lot or tract to be developed; b.total square feet and percentage of landscape area between the buildings and any public or private street; c.total square feet and percentage of the area being landscaped; d.total number of trees required and provided, their common and scientific names and their type; evergreen, shade or ornamental; e.total number of shrubs required and proposed, their common and scientific name and their type; evergreen or deciduous; f. total area to be turf; g.total area to be non -living material; h.Delineate the different landscape and screening areas, i.e.: parking lot screening strip, residential screening strip and right-of-way landscaping. 11-13-4: TREE PRESERVATION A. City Legislation: The City has adopted a Tree Preservation Ordinance, title 8, chapter 3, article C of this Code. B. Reduction Permitted: The City Council may reduce the number of new trees required in response to preservation by a developer of any existing trees on the site as follows: Table 7: Tree Preservation Trunk Diameter of Existing Tree to Be Preserved* Reduction in Number of New Trees Required 4-10 inches 1 tree 11-20 inches 2 trees Over 20 inches 4 trees *Measured at 54-inches above grade level [(dbh) the diameter at breast height] C. Protection of Existing Trees: To ensure that existing trees are not damaged during development: 1. Protective physical barriers shall be maintained around such trees that prevent the passage of heavy machinery under the drip line. 2. No equipment, materials, fill, or debris shall be stored under the drip line except as may be necessary for a reasonable time if no other storage area is available. 11-13-5: LANDSCAPE MATERIALS A. Compilation: The City has compiled a list of recommended, acceptable, and prohibited landscape. The Plantings List is included as Exhibit A attached to this Code section. B. Caliper: All on -site required trees must be a minimum of 2" caliper (dbh) or 6' coniferous unless specified otherwise. All street planting must conform to the Subdivision Control Ordinance. C. Materials Used: Living landscape materials used shall be healthy, hardy and drought -resistant; be suitable for the climate and environmental influences on the site, such as exposure to sun, wind, water, heat, automobile exhaust fumes and road salt; be compatible with the slope of the site, existing vegetation to be preserved and utilities above or below ground level. Where appropriate, landscape materials shall be protected from damage from pedestrian or vehicular traffic by tree grates, pavers or other measures. Proposed plant materials shall be compatible with Zone 5 Conditions as defined by the Page 8 United States Department of Agriculture (USDA) Hardiness Zone Designations. D. When Curbing is Required: All "Parking Islands" and "Parking Lot Perimeter Landscaping" shall be separated on all sides from the parking surface by curbing. The Zoning Administrator has the ability to waive curbing requirements if a development is incorporating best management practices for stormwater drainage and green infrastructure. 11-13-6: INSTALLATION PROCEDURES All living landscaping materials shall be installed in conformance with the most current procedures established by the American Association of Nurserymen. 11-13-7: MAINTENANCE OF LANDSCAPING A. Responsibility; Replacement: The owner, occupant, tenant and the respective agent of each, if any, shall be responsible for the maintenance, repair and replacement of all landscaping and screening so as to preserve at least the same quantity and quality as the remainder of the existing material on -site. If a mature tree is lost a replacement tree of at least 1/4" per 1" of caliper lost, but shall not be less than a 4" minimum. For example, a 20" tree requires a replacement by a 5" caliper tree. B. Maintenance; Guarantee: All living and non -living landscaping, including fences, walls, and ornamental lighting, shall be maintained in a good condition at all times, so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. Any dead vegetation shall be promptly replaced with healthy living plantings. The developer shall provide to the City a 2 year guarantee on all landscape materials in the form of a Letter of Credit. 11-13-18: CONDITIONAL USES Certain conditional uses may be required to provide landscaping or screening that exceeds the requirements of this section. Special screening requirements for surface mining operations shall be as provided in the Surface Mining section of this Zoning Ordinance. Plantings List (MC-08-960) This list is not an exhaustive list of all plant materials that will be allowed in the City. A registered Landscape Architect may propose additional species to staff as long as they detail the plants specific properties. This list is broken out into three sections; recommended species, approved species and undesirable species. The recommended species were selected to be used in areas along roadways or detention areas because they are salt tolerant and root friendly. The approved species were selected because they are native plants which grow well in the Illinois climate and may also be salt tolerant. The undesirable species are listed because they have problems such as spines, or are an invasive species. A. Recommended Street Trees: Table 8: Recommended Street Trees Small Amelanchier x grandiflora (Apple Serviceberry) Malus species: Ceris Canadensis (Eastern Redbud) Donald Wyman Page 9 Carnus mas (Cornelian Cherry Dogwood) Adams Crategus crusgalli var. inermis (Cockspur Hawthorn) Prairiefire Crategus virdis (Winter King Hawthorn) Sugar Tree Prunus virginiana `Schubert' (Canada Red Chokeberry) Syringa reticulate cv. (Japanese Tree Lilac -Ivory Silk) Syringa pekinesis (Peking Lilac) Medium Cercidiphyllum jaj onicum (Katsuratree) Tilia cordata (Littleaf Linden) Carylys colorna (Turkish Hazelnut) Tilia cordata cv. Ostrya virginiana (Ho hornbeam) Greenspire Phellodendron amurense `Macho' (Amur Corktree) Chancellor Prunus maackii (Amur Cherry) Glenleven Prunus sargenti (Sargent Cherry) Tures Tilia Cuchlora (Redmond Linden) Lar e Acer freemanii (Armstrong Maple) Celtis laevigata (Sugar Hackberry) Acer miyabei (State Street Miyabe Maple) Celtis occidentalis (Hackberry) Acer nigrum (Black Maple) Ginko biloba cv. (Ginko) Acer platanoides cv. (Norway Maple) Princeton Sentry Columnare Autumn gold Easy Street Gleditsia tricanthos var. inermis cv. (Honey Locust) Crimson Sentry Moraine Acer rubrum cv. (Red Maple) Skyline Autumn Flame Glymnocladus diocicus (Kentucky Coffee Tree) Bowhall Ulmus Morton (Accolade Elm) Franks Red Ulmus cv. October Glory Homestead & New Horizon Elm Acer saccharum cb. (Sugar Maple) Pioneer & Regal Elm Green Mountain Please see the Subdivision Control and Development Ordinance for planting and additional Street Tree requirements. B. Tree Species Approved for Planting on Private Property within the boundary of the City of McHenry: Table 9: Tree Species ADDroved for Plantinia on Private Property Acer platanoides (Norway Maple) Quercus coccinea (Scarlet Oak) Aesculus glabra (Ohio Buckeye) Quercus imbricario (Shingle Pear) Aesculus Hi ocastenum (Common Horsechestnut) Pyrus calleryana (Callery Pear) Betula nigra (Riverbirch) Platanus cerifolia (London Planetree) Carpus caroliniana (American Hornbeam) Metasequoia glyptostroboides (Dawn Redwood Carya cordiformis (Bitternut Hickory) Liriodendram tulipifera (Tulip Tree) Juglous nigra (Black Walnut) Zelkova serrata (Japanese Zeklova) Juni erus virginiana Catalpa s eciosa (Catalpa) Larix lariocina American Larch) Alnus glutinosa (European Black Alder) Larix decidas (European Larch) Nyssa sylvatica (Black Tupelo) Page 10 Morus rubra (Red Mulberry) Betula platyphylla `whitespire' (Whitespire Birch) Piceu glance densata (Black Hills Spruce) Cornus alterni folia (Pagoda Dogwood) Quercus alba (White Oak) Acer ginnala (Amur Maple) Quercus bicolor (Swamp White Oak) Acer griseum (Pa erbank Maple) Quercus macroc a (Burr Oak) Malus sup . (Flowering Crabs) Quercus rubra (Rec Oak) Magnolia acuminate (Cucumber Tree Magnolia) Taxodium distichum (Bald Cypress) Magnolia x soulangiana (Saucer Magnolia) Thu'a occidentalis (White Cedar) Magnolia stellata (Star Magnolia) Tilia Americana (Basswood) Pseudosuga menziesli (Douglas Fir) Querus velutina (Black Oak) Pinus strobes (Eastern White Pine) Quercus prinus (Chestnut Oak) Pinus cembra (Swiss Stone Pine) Quercus muehlen er ii (Chinkapin Oak) Picea ables (Norway Spruce) Quercus robur (English Oak) Picea glance (White Spruce) Quercus acutissima (Sawtooth Oak) C. Approved Recommended Shrubs: Table 10: Recommended Shrubs Small — 5' tall Intermediate — 5'-8' tall Lame — 8' tall New Jersey Tea Buttonbush Red Chokeberr Fragrant Gro-low Sumac Spreading Cotoneaster Silky Ddogwood Meadowsweet Compact Winged Enonymus Gray Dogwood Black Chokecherry Meadowlark Forsythia American Hazelnut Cranberry Cotoneaster Miss Kim Lilac Burning Bush Rocks ray Cotoneaster Koren Spice Virburnum American Witchazel Slender Dentzia Judd Viburnum S icebush St John's Wart Pink Princess Old-fashioned Weigela Pussy Willow Shrubby Cinquefoil Red Prince Old-fashioned Weigela Elderberry Alpine Currant-, Arrowwood Viburnum Shrub Roses Nannyberry Viburnum Gold Flame S irea Highbush Cranberry Anthony Waterer S irea "' Blackhaw Viburnum Dwarf Weigela American Bladdernut Dwarf Burning Bush D. Approved Plants and Grasses: Table 11: Annroved Plants and Grasses Sweet Glag (Acorus Calamus) Slender Wheatgrass (Agro yron Trachycaulum) Big Bluestem (Andro ogon Gerardii) Little Bluestem (Andropogon Scoparius) Groundnut (A ios Americana) Wild Columbine (A uilegia Candensis) Butterfly Weed (Asclepias) Sky Blue (Aster Asureus) Heath (Aster Ericoides) Smooth (Aster Laevis) Cream False Indigo (Babtisa Bracteata) Blue False Indigo (Baptisia Australis) Sideouts Grama Grass (Boutelous Curti endula) Prairie Brome (Bromus Kalmii) Page 11 Woodland Brome (Bromus Pubescens) Bluejoint Reedgrass (Calamagrostis) Buffalograss (Buchlow Dactyloides) Bebb's Sedge (Carex Bebbii) Common Wood Sedge (Carex Blanda) Dark Scaled Sedge (Carex Buxbaumii) Bottlebrush Sedge (Carex Comosa) Crested Sedge (Carex Cristatella) Common Bur Sedge (Carex Grayii) Porcupine Sedge (Carex Hystericina) Lake Sedge (Carex Lacustris) Hop Sedge (Carex Lu ulina) Penn's Sedge (Carex Pensylvanica) Curly -Styled Wood Sedge (Carex Rosea) Awl -Fruited Sedge (Carex Sti ata) Tussock Sedge (Carex Stricta) Fox Sedge (Carex Vulpinoidea) Virgin's Bower (Clematis Virginiana) Common Wood Reed (Cinna Arundinacea) Lanceleaf Coreo sis (Coreo sis Lanceloata) Purple Prairie Clover (Dalea Purpurea) Purple Coneflower (Echincea P urea) Slender Spikerush (Eleocharis Acicularis) Red -Rooted Spikerush (Eleocharis Calva) Blunt Spikerush (Eleocharis Obtusa) Marsh Spikerush (Eleocharis Palustris) Cree ing Spikerush (Eleocharis Smallii) Canada Wildrye (Elymus Canadensis) Streambank Rye (Elymus Ri arius) Silky Wildrye (Elymus Villosus) Virginia Wildrye (Elymus Virginicus) Prairie Smoke (Geum Triflorum) Fowl Managrass (Gl ceris Striata) Bottlebrush Grass (Hystrix Patula) Soft Rush (Juncus Effusus) Torrey's Rush (Juncus Torreyi) Rice Cutgrass (Leersia Orysoides) ough Blazing Star (Liatris Aspera) Woodland Lily (Lillium) Prairie Hunegrass (Loeleria Cristata) Showy Penstemon/Beardtongue (Penstemen Grandiflorus) Kentucky Bluegrass (Poa Pratensis) Black Eyed Susan (Rudbeckia Hirta or Goldstrum) Little Blue Stem (Schizachyrium Sco arium) Hardstem Bubrush )Scir[us Acutus) Three -Square Bulrush (Scirpus Americanus) Dark Green Rush (Scirpus Atrovirens) Woolgrass (Scirpus Cy erinus) River Bulrush (Scirpus Fluviatilis) Softstem Bulrush Scirpus Validus) Stiff Goldenrod (Solidago Rigida) Showy Goldenrod (Solidago S eciosa) Indiangrass (Sorghastrum Nutans) Common burred (Sparganium E c um) Prairie Cordgrass (Spartina Pectinata) Slender Wedge Grass (S heno holis Intermedia) Prairie Dropseed (sporobolus Heterolepis) Porcupine Grass (Stipa S artea) Hoary Vervain (Verbena Stricta) Periwinkle (Vinca Minor) Riverbank Grape (Vitis Riparia) Heartleaf Golden Alexander (Zizia Aurea) E. Undesirable Trees and Plants: Table 12: Undesirable Trees and Plants: Tree of Heaven (Alianthus Altissima) Mimosa (Albizzia Julibrissin) Garlic Mustard (Alliaria Pertiolata) _ Smooth Brome Grass (Bromus Inermis) Nodding Musk Thistle (Carduus Nutans) Oriental Bittersweet (Celastrus Orbiculantus) Canada Thistle (Cirsium Arvense) Bull Thistle (Cirsium Vul are) Crown Vetch (Coronilla Caria) Chinese Yam (Dioscorea Batatas) Cut -Leafed Teasel (Di sacus Laciniatus) Common Teasel ( Di saucus Sylvestris) Autumn Olive (Elaeagnus Unbellata) Tall escue (Festuca Arundinacea) Cree ing Charlie (Glechoma Hederacea) English Ivy (Hedera Helix) Dame's Rocket (Hesperis Matrionalis) Rose -of -Sharon (Hibiscus Syriacus) Sericea Lespedeza (Les edeza Cuneata) Common Privet (Ligustrum Vulgare) Japanese Honeysuckle (lonicera Japonica) Amur Honeysuckle (Lonicera Maackii) Morrow's Honeysuckle (Lonicera Morrowii) Tatarian Honeysuckle (Lonicera Tatarica) Page 12 Hybrid Honeysuckle (Lonicera X Bella) Bird's -Foot Trefoil (Lotus Comiculatas) Moneywort (Lysimachia Nummularia) Purple Loosestrife (Lythrum Salicaria) White Sweet Clover (Melilotus Alba) Yellow Sweet Clover (Melilotus Officinalis) Eulalia, Japanese Grass (Microstegium Vimineum) White Mulberry (Morus Alba) Eurasian Water Milfoil (Myrio hyllum Spicatum) Parsnip (Pastinaca Sativa) Princess Tree (Paulownia Tomentosa) Reed Canary Grass (Phalaris Arundinacea) Common Reed (Phragmites Australis) Japanese Knotwood (Polygonum Cuspidatum) White Poplar (Po ulus Alba) Kudzu (Pueraria Lobata) Sawtooth Oak (Quercus Acutissima) Common Buckthorn (Rhamnus Cathartica) Smooth Buckthorn (Rhamnus Frangula) Black Locust (Robinia Pseudo -Acacia) Multiflora Rose (Rosa Multiflora) Sandbar Willow (Salix Interior) Bittersweet (Solanum Dulcamara) Johnson Grass (Sorghum Hale ense) Siberian Elm (Ulmus Pumila) Wayfaring Tree (Viburnum Lantana) European Highbush Cranberry (Viburnum Opulus) Chinese Wisteria (Wisteria Sinensis) Leafy Spurge (Wuphorbia Esula) This planting list was compiled using information from the Conservation Foundation, McHenry County Conservation District, the Mississippi National River and Recreation Area Greenway Project, and the University of Minnesota, salt tolerant plant study. Table 17 Deleted and Reserved MC-06-884 IX. SIGNS Deleted in its entirety Relocated to Chapter 7.50 "Signs" of the Municipal Code Page 13 Department of Public Works Troy Strange, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT DATE: 05-04-20 TO: Mayor Jett and City Council FROM: Troy Strange, Director of Public Works Greg Gruen, Staff Engineer RE: 2020 ROAD RESURFACING PROGRAM ATT: Bid Tab Location Map IDOT Resolution AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding the bid and approving an IDOT Resolution for Maintenance for the 2020 Road Program to Peter Baker & Son, Co. BACKGROUND: The 2020/2021 Capital Improvement Program (CIP) proposes $500,000 for the 2020 Road Program to be completed with Motor Fuel Tax (MFT) funds. The work includes removal and replacement of 4.0" of asphalt on 1.12 miles of the following streets: Dorchester Place, Pebble Creek Place, Westminster Place, Brighton Place, Amberwood Place. Work shall also include updating ADA sidewalks to the current standards as required. On March 12, 2020, a total of 6 bids were received for the project. A summary of the bids is as follows: Peter Baker & Son $374,885.33 Geske & Sons $378,936.58 Payne & Dolan $383,904.83 Schroeder Asphalt Services $405,841.18 The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. Curran Contracting Company $430,612.00 Chicagoland Paving $460,000.00 After a detailed review of the bids and line items, staff has concluded that Peter Baker & Son, Co. is the lowest responsible bidder with a bid of $374,885.33. The Engineer's Estimate of Cost for this project was $411,032.05. The project was budgeted for the 2020/2021 fiscal year. Since the project will utilize 100% MFT funds, the IDOT Resolution for Maintenance must also be passed and is included in the packet. ANALYSIS: Staff has analyzed and checked the bids for accuracy and recommends awarding the contract to Peter Baker & Son, Co. This is a unit price contract and the final cost of construction will be based upon final measured and documented quantities. RECOMMENDATION: Therefore, if Council concurs, it is recommended to award a UNIT PRICE contract for the 2020 Road Program to Peter Baker & Son, Co. in the amount of $374,885.33. The final contract price will be based on actual verified quantities installed and may vary from the original contract amount. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. ®Illinois Department of Transportation Local Public Apenry: M.H.- ��Ie: OM&2020 County: MCHenry T10:00 AM SecYon: 21-00000-Oi-GM Hppmpned- 0en: Tabulation of Bids (Base Bid) D RC ES IER LA E �L T1A T1 EB LE 'REEK P AC w v ES MI STER P AC O O � � w J GE EV PL CE Q RIG TON LAC m Date 11-12-19 LOCATION MAP Scale NTS 2020 ROAD PROGRAM CITY OF McHENRY, IL MCl e lY Sheet No. N/A Illinois Department Resolution for Maintenance of Transportation Under the Illinois Highway Code Resolution Number Resolution Type Section Number Original 21-00000-01-GM BE IT RESOLVED, by the Council of the City of Governing Body Type Local Public Agency Type McHenry Illinois that there is hereby appropriated the sum of Three -Hundred and Name of Local Public Agency Seventy -Four Thousand, Eight Hundred Eighty -Five and Thirty-three cents Dollars ( $374,885.33 ) of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of Illinois Highway Code from 05/01 /20 to 04/30/21 Beginning Date Ending Date BE IT FURTHER RESOLVED, that only those operations as listed and described on the approved Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that City of McHenry Local Public Agency Type Name of Local Public Agency shall submit within three months after the end of the maintenance period as stated above, to the Department of Transportation, on forms available from the Department, a certified statement showing expenditures and the balances remaining in the funds authorized for expenditure by the Department under this appropriation, and BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit four (4) ceritified originals of this resolution to the district office of the Department of Transportation. I City Clerk in and for said City ame o er Local Public Agency Type Local Public Agency Type of McHenry in the State of Illinois, and keeper of the records and files thereof, as Name of Local Public Agency provided by statute, do hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Council of McHenry at a meeting held on 05/04/20 Governing Body Type Name of Local Public Agency Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of (SEAL) Day Month, ear Clerk Signature APPROVED Regional Engineer Department of Transportation Date Printed 04/17/20 BLR 14220 (Rev. 02/08/19) Department of Public Works Troy Strange, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT DATE: May 4, 2020 TO: Mayor and City Council FROM: Troy Strange, Director of Public Works RE: Wastewater Treatment Plant Consolidation, Final Change Orders ATT: Change Order #1 Change Order #2 HRG Request for Proposal 22, 23, 24 AGENDA ITEM SUMMARY: Staff requests City Council to consider approving Contract Change Orders 1 & 2 for the Wastewater Treatment Plant Consolidation Project. Change Order 1 is a balancing change order of all work completed to date which represents a net deduction of $88,229.37 to the overall contract. Change Order 2 includes work recommended by staff to fulfill the original intent of the design and the Facilities Planning Report. The total cost for Change Order 2 represents an increase of $509,359.00 which is a net increase of $421,129.63 over the awarded contract price of $30,180,000.00. Change Orders 1 & 2 will bring the final contract cost for the Wastewater Treatment Plant Consolidation project to $30,601,129.63 which is a 1.4% increase over the increase over the awarded amount of $30,180,000.00. BACKGROUND: In early 2016, the City of McHenry began construction of a wastewater treatment plant expansion at the site of the South Wastewater Treatment Plant. This project would consolidate the City's wastewater treatment facilities from two locations, one of which included the former Central Plant Location near the City's downtown and Riverwalk District, to a single location located on Charles J. Miller Road. The consolidation was completed based upon updates to the City's Wastewater Facilities Planning Report which began as a result of an Illinois Environmental Protection Agency permit violation in the mid-2000's. The contract for construction was awarded to Williams Brothers Construction, Inc. of Peoria, Illinois. The project was funded by a State Revolving Fund Loan which amounted to $33,600,000.00 and included costs for Engineering ($2,768,188) and Construction & Contingency ($30,831,812) The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. During the design process a few of the critical components of the overall treatment process were reduced below the original capacity recommendations of the Facilities Planning Report due to cost considerations and value engineering. The structural components of these systems were constructed in order to allow for these components to be efficiently added back into the overall treatment process but the equipment was not fully commissioned in order to assure that the project was brought in under the approved loan amount per the direction of City Council. There are three components which staff is recommending to be built out to their full design per the recommendations of the Facilities Planning Report in order to reduce the risk of a future permit violation, enhance the ability of the operations staff to meet future treatment demands, and to reduce the need for an additional expansion at some point in the future. The three recommended items are: 1. The build out of the disk filter systems to a treatment capacity of 7.4 MGD per unit from 5.0 MGD per unit 2. The expansion of the UV final disinfection system from two to three treatment channels for expansion of peak flow capacity from 16.0 MGD to 24.0 MGD 3. The automation of the Central Pumping Station medium flow stage which is currently operated in manual mode only. Justification for each modification is summarized below: 1. Disk Filter Build Out a. Under normal operating conditions the WWTP routinely sees peak daily effluent flows exceeding 61VIGD. These disk filters remove small particles in order to reduce the discharge of suspended solids which allows the plant to meet the requirements of its IEPA operating permit. Daily spikes in flows due to the processes of the sequence batch reactors exceed the rated capacity of a single unit making it difficult to take a filter out of service for maintenance without increasing the risk of overwhelming and damaging the other unit. It is also important to note that many of the new critical pieces of equipment installed in the WWTP expansion (dryer, micro screens) were designed to run using a high - quality non -potable water supply provided by these filters. When the capacity of the filters is exceeded the quality of the non -potable water supply is impacted. 2. UV Disinfection System Channel Three Commissioning a. The UV Disinfection is the last treatment process before discharge to the Fox River. Its primary purpose is to kill any remaining bacteria for fecal coliforms. The current configuration is rated for 16.01VIGD. The plant generally exceeds that flow 10-20 times per year. On one occasion on 09-13-19, the plant did have a "soft" violation for fecal coliforms due to the wet weather flows. The construction of the third UV channel would have prevented that violation. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. 3. Central Pumping Automation a. The original design included a manual valve to route wet -weather flows from the 14" forcemain to the larger 30" forcemain. Due to the infiltration in the collection system, staff is required to manually operate this valve on regular basis 2-4 times per month, sometimes in after-hours situations. The valve automation will incorporate the switch from the 14" forcemain to the 30" forcemain operation as part of the WWTP's operational logic. This will eliminate the need to after-hours call outs to operate the valve. It will also eliminate the human error factor if flows rapidly increase and staff fails to respond in time due to vacations, sickness or other unforeseen circumstance. This will also reduce chemical costs associated with the operation of an Actiflow stormflow treatment unit which runs in excess of what it should due to the current manual operation mode. ANALYSIS: Staff has analyzed pricing and has sought a recommendation as to their acceptability from HR Green, Inc. who is the Engineer of Record for the project. Staff and HR Green, Inc. have found the pricing to be acceptable. These changes will bring the anticipated final contract cost to $30,601,129.63 which is a 1.4% increase over the awarded amount of $30,180,000.00. Including this increase, the final project cost is still within the approved IEPA loan amount. The project is currently substantially complete and staff does not foresee any other change orders for the project. Importantly, because the final contract amount is within the original IEPA loan amount, no increases to the previously approved SRF debt service fee will be needed and no adjustments of base fees or increases to the SRF loan amounts will be required to approve these change orders. The addition of the full build out of these components is recommended by staff as being in keeping with the City's best interests and is within the approved loan amounts. Attached are the cover sheets only for the change order requests. Should Council wish to view the full documentation for the change orders (300 pages plus) please contact me. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve Contract Change Orders 1 & 2 which bring the anticipated final contract cost for the Wastewater Treatment Plant Consolidation project to $30,601,129.63 which is a net increase of $421,129.63 over the awarded contract price of $30,180,000.00. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. Change Order No. 001 Date of Issuance: 3/24/20 Effective Date: 3/24/20 Project: Marengo Wastewater Treatment Plant Owner: City of Marengo Owner's Contract No.: Improvements Contract: McHenry Wastewater Treatment Plant Upgrades Date of Contract: 11 /2 3/15 Contractor: Williams Brothers Construction Engineer's Project No.: 86130341.03 The Contract Documents are modified as follows upon execution of this Change Order: Description: Adjust contract amount based on executed Work Change Directives. Attachments: (List documents supporting change): Work Change Directive Summary Work Change Directives 1-49 (WCD 8 and 14 Omitted) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: ❑ Working days JJ Calendar days Substantial completion (days or date): 730 $30,180,000.00 Ready for final payment (days or date): 758 Increase from previously approved Change Orders No. to No. [Increase] from previously approved Change Orders No. to No. Substantial completion (days): Ready for final payment (days): Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): $30,180,000.00 Ready for final payment (days or date): Decrease of this Change Order: [Increase] of this Change Order: Substantial completion (days or date): $88.229.37 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): $ 30,091,770.63 Ready for final payment (days or date): RECOMMENDED: ACCEPTED: ACCEPTED: By: By. By: ngineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Date: 04/22/20 Date: Date: Approved by Funding Agency (if applicable): Date: McHenry Wastewater Treatment Plant Improvement CHANGE ORDER Project No.: 86130341.03 CO-1 Change Order No. 002 Date of Issuance: 5/4/2020 Effective 5/4/2020 Date: Project: Owner: Owner's Contract No.: McHenry Wastewater Treatment City of McHenry Plant Improvements Contract: McHenry Wastewater Treatment Plant Upgrades Date of contract: 11/23/2015 contractor: Williams Brothers Construction Engineer's Project No.: 86130341.03 The Contract Documents are modified as follows upon execution of this Change Order: Description: Adjust contract amount based on proposals for disk filter build out, additional UV channel, and actuated valve. Attachments: (List documents supporting change): Request for Proposals, WBCI Proposals CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: ❑ Working days ❑ Calendar days Substantial completion (days or date): $30,180,000.00 Ready for final payment (days or date): Decrease from previously approved Change Orders No._ _001 to No. 001 $88,229.37 [Increase] from previously approved Change Orders No. to No. Substantial completion (days): Ready for final payment (days): Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): $ 30,091,770.63 Ready for final payment (days or date): Increase of this Change Order: [Increase] of this Change Order: Substantial completion (days or date): $509,359.00 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): $30, 601,129.63 Ready for final payment (days or date): RECOMMENDED: ACCEPTED: ACCEPTED: BY � By: By: ngineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Date: 04/22/2020 Date: Date: Approved by Funding Agency (if applicable): Date: McHenry Wastewater Treatment Plant Improvement CHANGE ORDER Project No.: 86130341.03 CO-2 HRGreen February 6, 2020 Mr. Jason Ackerman William Brothers Construction, Inc. PO Box 1366 Peoria, IL 61654 RE: McHenry Wastewater Treatment Facility Consolidation Request for Proposal 22 — UV Equipment Expansion HR Green Job No.: 86130341.03 Mr. Ackerman: HR Green would like to request a proposal to furnish and install improvements to the UV equipment to expand the capacity of said equipment to treat a total of 24.0 MGD. These improvements shall be as described below and on the attached drawing: • Furnish and install two (2) banks of UV disinfection bulbs (UVD50-05 and UVD50-06) in the existing center channel located within Building 50. This UV disinfection shall be designed for an additional 8.0 MGD. • This proposal shall include the furnish and installation of all ancillary and accessory items to successfully complete the installation. This shall include, but not be limited to, UV equipment for additional banks, power and control center equipment, power and control center modifications, conduit, electrical, concrete pad, patch and paint CMU block, sensors, low-level probe, and grating modifications. • The General Contractor, Manufacturer, and SCADA Contractor shall fully integrate monitoring and control of the third channel into the existing UV control panel and SCADA monitoring software. • The City of McHenry will manually manage the distribution of flows to each channel via the existing sluice gates which were previously installed. • Provide manufacturer field services as needed to complete the proposed expansion and modifications. • Provide manufacturer field services as needed to commission and startup the proposed expansion and modifications. • Provide performance testing in accordance with 43 3263 — 3.02 — H.6. • This work shall be substantially complete within 180 calendar days of issuance of a Work Change Directive. If additional time is needed due to equipment lead times please indicate on submitted proposal. • Upon completion of this work, the UV channels shall have a capacity of 8.OMGD each for a total capacity of 24.OMGD with all three (3) channels in service or 16MGD with one channel out of service. • Provide a separate proposal to furnish the following spare parts: o Six (6) — UV Lamps o Six (6) — Quartz Sleeves o Eighteen (18) — Mechanical Wipers o Three (3) — UV Ballasts o Mobile UVT monitor HRGreen.com Phone 815.385.1778 Fax 815.385.1781 Toll Free 800.728.7805 420 North Front Street, Suite 100, McHenry, Illinois 60050 Please provide an itemized breakdown of WBCI's proposal. Feel free to contact me with any questions. Sincerely, HR GREEN, INC. '�'Z; J. 4Z—'7 Chad Pieper, PE Project Manager 0:186130341.03\Construction\Request for Proposal\RFP #22 - UVDisinfectionExpansion\rfp_020620_UVDisinfectionExpansion_revl.docx HRGreen.com Phone 815.385.1778 Fax 815.385.1781 Toll Free 800.728.7805 420 North Front Street, Suite 100, McHenry, Illinois 60050 HRGreen February 6, 2020 Mr. Jason Ackerman William Brothers Construction, Inc. PO Box 1366 Peoria, IL 61654 RE: McHenry Wastewater Treatment Facility Consolidation Request for Proposal 23 — Discfilter Equipment Expansion HR Green Job No.: 86130341.03 Mr. Ackerman: HR Green would like to request a proposal to furnish and install improvements to the Discfilter equipment to expand the capacity of said equipment to treat a total of 14.8 MGD. These improvements shall be as described below and on the attached drawing: • Furnish and install additional rows of disc filter media to the existing discfilters (DCF50-01 and DCF50-02) to achieve a minimum capacity of 7.4 MGD per filter. It is anticipated that an additional seven (7) rows will meet the requested minimum capacity of 7.4 MGD, Manufacturer shall confirm. • This proposal shall include the furnish, installation, and modification of all ancillary and accessory items to successfully complete the installation. This shall include, but not be limited to, a larger backwash pump (sized by the manufacturer), additional ABS disc segments, removal of existing blinded nozzles and replacement with backwash spray nozzles, modifications to the electrical supply and feed as needed for the larger backwash pump, and replacement of existing backwash piping with stainless steel piping due to larger pump size. • The City of McHenry will manually manage the distribution of flows to each channel via the existing sluice gates which were previously installed. • Provide manufacturer field services as needed for the inspection, commission, and startup of the proposed improvements. Anticipate two (2) separate trips. Only one (1) discfilter shall be modified at a time. • This work shall be substantially complete within 180 calendar days of issuance of a Work Change Directive. If additional time is needed due to equipment lead times please indicate on submitted proposal. • Upon completion of this work, the discfilters shall have a capacity of 7.4 MGD each for a total capacity of 14.8 MGD with both discfilters in service. Please provide an itemized breakdown of WBCI's proposal. Feel free to contact me with any questions. Sincerely, INC. J. 4;c�-'7 Chad Pieper, PE Project Manager HRGreen.cont Phone 815.385.1778 Fax 815.385.1781 Toll Free 800.728.7805 420 North Front Street, Suite 100, McHenry, Illinois 60050 HRGreen February 6, 2020 Mr. Jason Ackerman William Brothers Construction, Inc. PO Box 1366 Peoria, IL 61654 RE: McHenry Wastewater Treatment Facility Consolidation Request for Proposal 24 — Site Valve Automation HR Green Job No.: 86130341.03 Mr. Ackerman: HR Green would like to request a proposal to furnish and install improvements to the existing site valve (PLV70-01 aka S-1513). These improvements shall be as described below and on the attached drawing: • Furnish and install an automated valve actuator on the existing valve labeled S-15B. The purpose of this valve is to allow the low and medium flow pumps to discharge through the 24" forcemain and into the micro -screens at Building 70. • This proposal shall include the furnish, installation, and modification of all ancillary and accessory items to successfully complete the installation. This shall include, but not limited to, the furnish and installation of a 4' diameter valve vault, valve actuator, excavation, restoration, conduit, electrical work, SCADA control work, and startup. • This proposal shall include integrating the valve automation into the SCADA system and providing an additional operation Stage 3A that routes the flows from the combined simultaneous low and medium pumps through the 24" forcemain and into Building 70. See attached drawing and memo. • This work shall be substantially complete within 90 calendar days of issuance of a Work Change Directive. Please provide an itemized breakdown of WBCI's proposal. Feel free to contact me with any questions. Sincerely, HR GREEN, INC. '�'la A 4;c—,7 Chad Pieper, PE Project Manager OA86130341.03\Construction\Request for Pro posaI\RFP #24 - VaIveAutomationlrfp_020620_SiteVaIveAutomation_rev1.docx HRGreen.com Phone 815.385.1778 Fax 815.385.1781 Toll Free 800.728.7805 420 North Front Street, Suite 100, McHenry, Illinois 60050 MEMORANDUM DATE: 12-27-19 TO: HRGreen FROM: Greg Gruen, P.E., Staff Engineer Russ Adams, Asst. Wastewater Superintendent RE: CENTRAL PUMPING STATION VALVE AUTOMATION Based on the operational experience at the Central Pump Facility (building 20) and WWTP, we are requesting that the following operational sequence be added to the SCADA system. We have included the existing Stages 1,2,3 and 4 for reference. No changes to these stages are proposed. PV#5 thru PV#8 are located at the Central pumping facility (bldg 20). PLV#40-04 is located at the SBR's and controls flow from the 24' into the Actiflow system. PLV#70-01 is the existing valve outside of building 70 that is proposed to be automated. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. EXISTING STAGE 1: Low Flow Pump Only-14" Forcemain —To SldR 70 LOW FLOW PUMP: ON MEDIUM FLOW PUMP: OFF HIGH FLOW PUMP: OFF PV#5: OPEN PV#6: CLOSED PV#7: CLOSED PV#8: OPEN PLV#40-04: CLOSED PLV#70-01: CLOSED EXISTING STAGE 2: Medium Flow Pump Only-14" Forcemain —To Bldg 70 LOW FLOW PUMP: OFF MEDIUM FLOW PUMP: ON HIGH FLOW PUMP: OFF PV#5: OPEN PV#6: CLOSED PV#7: CLOSED PV#8: OPEN PLV#40-04: CLOSED PLV#70-01: CLOSED EXISTING STAGE 3: Low & Medium Flow Pumps —14" Forcemain —To Blda 70 LOW FLOW PUMP: ON MEDIUM FLOW PUMP: ON HIGH FLOW PUMP: OFF PV#5: OPEN PV#6: CLOSED PV#7: CLOSED PV#8: OPEN PLVH40-04: CLOSED PLV#70-01: CLOSED PROPOSED STAGE 3A: Low & Medium Flow Pumps — 24" Forcemain —To Bldg 70 LOW FLOW PUMP: ON MEDIUM FLOW PUMP: ON HIGH FLOW PUMP: OFF PV#5: CLOSED PV#6: OPEN PV#7: OPEN PV#8: CLOSED PLV#40-04: CLOSED PLV#70-01: OPEN EXISTING STAGE 4: High Flow Pump Only — 24" Forcemain — To Bldg 40 (Actiflow LOW FLOW PUMP: OFF MEDIUM FLOW PUMP: OFF HIGH FLOW PUMP: ON PV#5: CLOSED PV#6: OPEN PV#7: OPEN PV#8: CLOSED PLV#40-04: OPEN PLV#70-01: CLOSED The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest Once the Actiflow is engaged (Stage 4), the operators are currently required to manually disengage the Actiflow by pressing the reset button. The operators are comfortable with keeping that arrangement. As such, after Stage 4 is activated, PLV#40-04 should remain OPEN and PLV#70-01 should remain CLOSED until the Actiflow is reset. The valves shall be open and shut in an order that does not result in pumping against all closed valves.