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Commission advances floodway overlay text amendments to allow certain IDNR-approved structures and limit restrictions to floodway portions of lots
Summary
Machesney Park planning staff proposed redlines to the Shore Drive floodway conservation overlay to restrict regulation to parts of lots actually in the floodway, allow recreational structures that IDNR permits (for example park bathrooms), and permit demolition and rebuilt homes raised above base flood elevation; the commission voted to forward the text amendments to Planning & Economic Development on July 6.
The Planning & Zoning Commission voted to forward a text amendment to the floodway conservation overlay for further review by Planning & Economic Development on July 6. Planning staff presented redline language intended to make the overlay’s restrictions more targeted and to allow certain structures approved by the Illinois Department of Natural Resources (IDNR).
Carrie, a planning staff member, said the overlay—created after the 2008 floods—covers 215 lots in the Shore Drive area and that the village has purchased 112 of those lots for open-space restoration. She said some remaining homeowners have elevated their homes or declined buyouts and therefore the code needed clarification so that it did not needlessly prohibit reasonable uses. "The overlay district covers 215 lots. And since the district was created, the village has purchased 112 of those lots and restored them to open space," Carrie said.
Key proposed changes include: limiting restrictions to only the portions of lots actually in the regulated floodway (rather than the entire lot); allowing recreational structures where the IDNR has issued a permit (Carrie cited an IDNR-approved bathroom at Stone's Landing Park that current code would forbid); clarifying that references to "44 Code of Federal Regulations" mean Title 44 (FEMA emergency-management rules); and allowing owners to demolish flood-damaged homes and rebuild if the new structure is elevated above the base flood elevation.
Commissioners asked whether allowing IDNR-approved recreational structures would also permit private sheds or gazebos; staff said the intent is to allow public/recreational structures permitted by IDNR, while private structures would remain discouraged and could be handled through the variance process. Some commissioners expressed concern that easing restrictions could invite more private rebuilding; others noted the high cost and structural requirements (flow-through foundations rather than piling) would limit widespread redevelopment. The staff clarified the amendment applies only to the Shore Drive overlay area and that many properties there are already village-owned, limiting private redevelopment potential.
A roll-call vote recorded yes votes for Mr. Fluger, Mr. Hankins, Mr. Kleiner, Mr. Danny Levitch, Mr. Schultz and Gentry. The item will go to Planning & Economic Development on July 6 for the next review step.
