HomeMy WebLinkAboutOrdinance # 1832ORDINANCE NO. i83~
AN ORDINANCE FOR ADOPTION OF
CHAPTER 13, PLANNED UNIT DEVELOPMENTS
AS AMENDMENTS TO CANTON'S ZONING ORDINANCE
WHEREAS, The City of Canton has developed a plan for the development of the International
Harvester site/TIF District and adjoining areas of the community; and
WHEREAS, it is in the best interest of the City of Canton to have an updated and consistent plan
for development; and
WHEREAS, the Planning and Zoning Commission of the City of Canton met pursuant to notice
as required by law and held a public hearing with regard to the Planned Unit Development and the
Planning and Zoning Commission unanimously recommended the amendments to the zoning ordinance
as shown on the attached Exhibit A.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CANTON, FULTON COUNTY, ILLINOIS:
That the City of Canton adopts Chapter 13, Planned Unit Developments, a copy of which
is attached hereto as Exhibit A.
2. That the Mayor of the City of Canton, Illinois, shall be and he is hereby authorized to
affix his signature as the Mayor of said City to this Ordinance and the City of Clerk of the City of Canton,
Illinois, shall be and she is hereby authorized to attest such signature thereto.
PASSED by the City Council of the City of Canton, Fulton County, on the 19thday of April
2005.
ATTEST:
Nancy White ,City Clerk
APPROVED:
Jerry ohler, Mayor
Passed by a vote of the City Council of Canton, Illinois, this 19day of April , 2005, by a vote of 8
ayes and 0 nays, with $ Aldermen absent.
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PLANNF,D UNIT' DEVF,LOPnIFNTS
CI'T'Y CAF C<~N'1'ON, IL
CHAPTER 13
PLANNED UNIT DEVELOPMENTS
SECTION:
10-13-1 PURPOSE AND INTENT
10-13-2 GENERAL PROVISIONS
10-13-3 PROCEDURE
10-13-4 BASIS FOR APPROVAL
10-13-5 DETERMINATION OF THE CITY COUNCIL
10-13-1: PURPOSE AND INTENT:
(A) Purpose. The purpose of this Section is to provide regulations which govern the
procedure and requirements for the review and approval, or denial, of proposed
Planned Unit Developments, and to provide for the possible relaxation of certain
development standards pertaining to other standard zoning districts.
(B) Intent. This district is intended to provide more incentives for redevelopment in areas
of the community which are experiencing a lack of reinvestment, or which require
flexible zoning treatment because of factors which are specific to the site. This
district is designed to promote both the aesthetic and economic objectives of the City
by controlling the site design and the land use, appearance, density, or intensity of
development within the district in a manner which is consistent with sound land use,
urban design, and economic revitalization principles. They are also intended to
provide for flexible development standards to accommodate unique sites, mixtures of
land uses, or development configurations. to exchange for such flexibility, the
Planned Unit Development (PUD) shall provide a much higher level of site design,
architectural control and other aspects of aesthetic and functional excellence than
normally required for other developments. The application of these standards will
ensure long-term progress and broad participation toward these principles.
PUDs are required to meet certain procedural requirements applicable only to PUDs,
in addition to the general requirements of this title. A public hearing process is
required to review a request for a PUD. This process shall essentially combine the
process for a zoning map amendment with that required for a conditional use, with
several additional requirements.
10-13-2: GENERAL PROVISIONS
(A) Permitted Location: A PUD may be established for any parcel or tract of land that has a
minimum size of one acre (43,560 SF). PUDs shall be permitted with the approval of a
PUD Zoning District, specific to the approved PUD, within any one or more Standard
Zoning Districts identified in Section 10-2-1.
(B) Flexible Development Standards: The following exemptions to the development
standards of the underlying zoning district may be provided with the approval of a
PUD:
(1) Land Use Requirements: All land uses listed in the districts established in
Section 10-2-1 may be permitted within a Planned Unit Development.
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(2) Density and Intensity Requirements: All requirements listed in Chapters 4 - 12
for residential density and nonresidential intensity may be waived within a
Planned Unit Development.
(3) Bulk Requirements: All requirements listed in Chapters 4 - 12 may be waived
within a Planned Unit Development.
(4) Landscaping Requirements: All requirements listed in Section 10-15.x-10(B)(3)
may be waived within a Planned Unit Development.
(5) Parking and Loading Requirements: All requirements listed in Chapter 14 may
be waived within a Planned Unit Development.
(C) Requirements to Depict All Aspects of Development: Only development which is
explicitly depicted on the required General Development Plan (discussed in greater
detail later in this Chapter) approved by the City Council as part of the approved
Planned Unit Development, shall be permitted, even if such development (including all
aspects of land use, density and intensity, bulk, landscaping, and parking and loading),
is otherwise listed as permitted in Chapters 4 - 12. Requested exemptions from these
standards shall be made explicit by the Applicant in the application, and shall be
recommended by the Planning and Zoning Committee and approved explicitly by the
City Council. If not so requested and approved, such exemptions shall not be
permitted.
The burden of providing evidence and persuasion that any such exceptions are
necessary and desirable shall in every case rest with the applicant. It shall not be
sufficient to base justification for approval upon an already existing Planned Unit
Development. Each Planned Unit Development shall be presented and judged on its
own merits.
(D) Initiation of Request for Approval of a Planned Unit Development: Proceedings for
approval of a Planned Unit Development shall be initiated by:
(1) An application of the owner(s) of the subject property;
(2) A recommendation of the Planning and Zoning Committee; or
(3) By action of the City Council.
10-13-3: PROCEDURE
(A) Application Requirements: All applications for proposed Planned Unit Developments,
regardless of the party of their initiation per (D) above, shall be approved as complete
by the Zoning Administrator a minimum of two weeks prior to the initiation of this
procedure. The Zoning Administrator shall forward copies of said complete application
to the office of the City Clerk. Said application shall apply to each of the process steps
in (B) through (E) below.
(B) Staff Review of Concept Plan. The Applicant shall provide the Economic Development
Director and the Zoning Administrator with a draft PUD Concept Plan submittal for a
review. The submittal shall contain all of the following items:
(1) Legal description of the subject property.
(2) A location map of the subject property and its vicinity at 11" x 17", as depicted
on a copy of the City of Canton Land Use Plan;
(3) A general written description of the proposed Planned Unit Development
including:
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(a) General project themes and images;
(b) The general mix of dwelling unit types and/or land uses;
(c) Approximate residential densities and non-residential intensities as
described by dwelling units per acre, floor area ratio and impervious
surface area ratio;
(d) The general treatment of natural features;
(e) The general relationship to nearby properties and public streets;
(f) The general relationship of the project to the Comprehensive Plan;
(g) An initial draft list of zoning standards which will not be met by the
proposed PUD and the location(s) in which they apply and, a complete
list of zoning standards which will be more than met by the proposed
PUD and the location(s) in which they apply. The purpose of this listing
shall be to provide the City Staff with information necessary to
determine the relative merits of the project in regard to private benefit
versus public benefit and in regard to the mitigation of potential adverse
impacts created by design flexibility;
(4) A written description of potentially requested exemption from the requirements
of the underlying zoning district, in the following order:
(a) Land Use Exemptions;
(b) Density and Intensity Exemptions;
(c) Bulk Exemptions;
(d) Landscaping Exceptions;
(e) Parking and Loading Requirements Exceptions;
(5) A conceptual plan drawing (at 11" x 17") of general land use layout and general
location of major public streets and/or private drives. Applicant may submit
copies of a larger version of the plan in addition to the 11" x 17" reduction.
(6) At the Staff level meeting, the Applicant shall engage in an informal discussion
regarding the PUD Concept Plan submittal. Appropriate topics for discussion
may include any of the information provided in the PUD Concept Plan submittal
or other items as determined by the Planning and Zoning Committee.
(7) Points of discussion and conclusions reached in this stage of the process shall
in no way be binding upon Applicant or the City, but should be considered as
informal, non-binding basis for proceeding to the next step. The preferred
procedure is for one or more iterations of City Staff review of the Concept Plan
to occur prior to introduction of the formal rezoning petition which accompanies
General Development Plan (GDP) application.
(C) PUD Process Step 1: General Development Plan (GDP). The Applicant shall provide
the Zoning Administrator with a draft GDP Plan submittal for a determination of
completeness prior to placing the proposal on the Planning and Zoning Committee
agenda for review.
(1) The submittal shall contain all of the following items, with the number of copies
to be determined by the Zoning Administrator, prior to its acceptance by the
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Zoning Administrator and placement of the item on a Planning and Zoning
Committee agenda for review:
(a) Legal description of the subject property.
(b) A location map of the subject property and its vicinity at 11" x 17", as
depicted on a copy of the City of Canton Land Use Plan;
(c) A map of the subject property showing all lands for which the Planned
Unit Development is proposed, and all other lands within 300 feet of the
boundaries of the subject property, together with the names and
addresses of the owners of all lands on said map as the same appear
on the current records of the Register of Deeds of Fulton County (as
provided by the City of Canton). Said map shall clearly indicate the
current zoning of the subject property and its environs, and the
jurisdiction(s) which maintains that control. Said map and all its parts
and attachments shall be at a scale which is not less than one inch
equals 800 feet. All lot dimensions of the subject property, a graphic
scale, and a north arrow shall be provided;
(d) A general written description of proposed Planned Unit Development
including:
(i) General project themes and images;
(ii) The general mix of dwelling unit types and/or land uses;
(iii) Approximate residential densities and non-residential intensities
as described by dwelling units per acre, floor area ratio and
impervious surface area ratio;
(iv) The general treatment of natural features;
(v) The general relationship to nearby properties and public streets;
(vi) The general relationship of the project to the Comprehensive
Plan,
(vii) Statement of Rationale outlining the need for Planned Unit
Development zoning. This shall identify barriers that the
Applicant perceives in the form of requirements of standard
zoning districts and opportunities for community betterment the
Applicant suggests are available through the proposed PUD
zoning.
(viii) A complete list of zoning standards which will not be met by the
proposed PUD and the location(s) in which they apply and a
complete list of zoning standards which will be more than met
by the proposed PUD and the location(s) in which they apply
shall be identified to provide the Planning and Zoning
Committee with information necessary to determine the relative
merits of the project in regard to private benefit versus public
benefit, and in regard to the mitigation of potential adverse
impacts created by design flexibility.
(ix) A written description of potentially requested exemption from the
requirements of the underlying zoning district, in the following
order:
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PLANNED UNIT DF_,VELOPAIF.NTS
CITY OF Cr1NTON, IL
(1) Land Use Exemptions;
(2) Density and Intensity Exemptions;
(3) Bulk Exemptions;
(4) Landscaping Exceptions;
(5) Parking and Loading Requirements Exceptions.
(e) A General Development Plan Drawing at a minimum scale of 1"=100'
(11" x 17" reduction shall also be provided by Applicant) of the
proposed project showing at least the following information in sufficient
detail to make an evaluation against criteria for approval:
(i) A conceptual plan drawing (at 11" x 17") of the general land use
layout and the general location of major public streets and/or
private drives. The Applicant may submit copies of a larger
version of the plan in addition to the 11" x 17" reduction;
(ii) Location of recreational and open space areas and facilities and
specifically describing those that are to be reserved or
dedicated for public acquisition and use;
(iii) Statistical data on minimum lot sizes in the development, the
approximate areas of large development lots and pads,
density/intensity of various parts of the development, floor area
ratio, impervious surface area ratio and landscape surface area
ratio of various land uses, expected staging, and any other
plans required by the Planning and Zoning Committee or City
Council; and
(iv) Notations relating the written information provided in (d)(i) - (vi)
above to specific areas on the GDP Drawing.
(f) A general conceptual landscaping plan for subject property, noting
approximate locations of foundation, street, yard and paving,
landscaping, and the compliance of development with all landscaping
requirements of Chapter 15.x (except as noted in the listing of
exceptions) and the use of extra landscaping and buffer strips.
(g) A general signage plan for the project, including all project identification
signs and concepts for public fixtures and signs (such as street light
fixtures and/or poles or street sign faces and/or poles) which are
proposed to vary from City standards or common practices.
(h) Written justification for the proposed Planned Unit Development. (The
Applicant is advised to use the requirements of the conditional use
procedure to develop said written justification.)
(2) The process for review and approval of the GDP shall be identical to that for a
zoning amendment as outlined in Section 10-17-8: Amendments. The approval
of a GDP by the City Council shall establish a PUD/GDP Overlay District that is
depicted as such on the official zoning map. The previous zoning, however,
shall control development within the area of the GDP until all or portions of the
GDP are approved as a Specific Implementation Plan (SIP) as outlined in (D)
below.
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(3) Where a land division or lot consolidation is proposed, a preliminary plat final
plat or CSM of the entire development area included in the GDP shall meet all
requirements of Title 11, the City's Land Division and Subdivision regulations.
(4) For multi-lot Planned Unit Development Districts, a detailed neighborhood
development plan showing the arrangement, design, and uses of different lots,
buildings, driveways, parking areas, parks and open spaces, and paths.
(5) All portions of an approved GDP not fully developed within five years of final
City Council approval shall expire, unless extended by Resolution of the City
Council following a public hearing.
(D) PUD Process Step 2: Specific Implementation Plan (SIP). After the effective date of the
rezoning to PUD/GDP, the Applicant may file an application for a proposed Specific
Implementation Plan with the Development Review Committee.
(1) The SIP submittal shall contain all of the following items, prior to its acceptance
by the Zoning Administrator and placement of the item on a Planning and
Zoning Committee agenda for review. The number of copies to be submittal
shall be determined by the Zoning Administrator.
(a) A location map of the subject property and its vicinity at 11" x 17", as
depicted on a copy of the City of Canton Land Use Plan Map;
(b) Compliance with the submittal requirements as outlined in Section 10-
15.x-7: BSO SUBMITTAL REQUIREMENTS, Section 10-15.x-10: SITE
DESIGN REQUIREMENTS, and Section 10-15.x-11:
ARCHITECTURAL GUIDELINES.
(c) Statement of Rationale outlining the need for Planned Unit
Development zoning. This shall identify barriers that the Applicant
perceives in the form of requirements of standard zoning districts and
opportunities for community betterment the Applicant suggests are
available through the proposed PUD zoning.
(d) A complete list of zoning standards which will not be met by the
proposed SIP and the location(s) in which they apply and a complete
list of zoning standards which will be more than met by the proposed
SIP and the location(s) in which they apply shall be identified to provide
the Development ReviewCommittee with information necessary to
determine the relative merits of the project in regard to private benefit
versus public benefit, and in regard to the mitigation of potential
adverse impacts created by design flexibility.
(e) Location of recreational/open space areas and facilities, specifically
describing those that are to be reserved or dedicated for public
acquisition and use;
(f) A written description which demonstrates the full consistency of the
proposed SIP with the approved GDP. Any and all variations between
the requirements of the applicable PUD/GDP zoning district and the
proposed SIP development; shall be identified.
(g) The Development Review Committee, Planning and Zoning Committee
or City Council may specify other plans, documents or schedules that
must be submitted prior to consideration or approval of the SIP, as such
may be relevant to review.
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(2) The area included in a Specific Implementation Plan may be only a portion of
the area included in a previously approved General Development Plan. The
proposed SIP shall comply with the requirements outlined in Section 10-15.x-7:
BSO SUBMITTAL REQUIREMENTS, Section 10-15.x-10: SITE DESIGN
REQUIREMENTS and Section 10-15.x-11: ARCHITECTURAL GUIDELINES.
(3) Where a land division or lot consolidation is proposed, a preliminary plat final
plat or CSM of the entire development area included in the SIP shall meet all
requirements of Chapter 11, the City's Land Division and Subdivision
regulations. The approval of a SIP shall establish aPUD/SIP District that is
depicted as such on the official zoning map.
(4) For multi-lot Planned Unit Development Districts, a detailed neighborhood
development plan showing the arrangement, design, and uses of different lots,
buildings, driveways, parking areas, parks and open spaces, and paths.
(5) All portions of an approved PUD/SIP not fully developed within two years of
final City Council approval shall expire, unless extended by Resolution of the
City Council following a public hearing.
(6) The City may require the Applicant to provide surety and/or contractual
agreement, with the approval of the City Attorney, to ensure the development of
public and private improvements.
(E) Consolidated PUD Approval Process: The Applicant may file an application for
simultaneous approval of the GDP and SIP with the Planning and Zoning Committee
and City Council. The consolidated process shall include all the steps outlined in (A) -
(D) above, and decisions shall be made in accordance with Section 10-13-4: BASIS
FOR APPROVAL.
10-13-4: BASIS FOR APPROVAL. The Development Review Committee and the Planning and
Zoning Committee in making its recommendations and the City Council in making its
determination shall give consideration and satisfy themselves as to the following:
(A) That the proposed development is consistent with the spirit and intent of these
regulations and produces significant benefits in terms of improved environmental
design sufficient to justify the application of the "Planned Unit Development" concept;
(B) That the site development plan reflects proper consideration of the natural features
of the site, with particular concern for preservation of open space and careful grading
to ensure proper drainage and conservation of natural features;
(C) That the general character of the development produces an attractive environment
appropriate to the intensity of uses proposed and which is compatible with existing
developments in the surrounding area, and with general community development
plans and policies;
(D) That the development can be provided with appropriate municipal services or their
equivalent in private services.
(E) That proposed design standards provide adequately for practical operation and
maintenance of circulation, parking, emergency services, delivery services, and
snow plowing.
(F) That the proponents of the proposed development have demonstrated that they
intend to start construction within a reasonable period following the approval of the
project and requested overlay of the PUD District, that the project appears
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economically sound, that asurety/proof of financing is provided to the City, and that
the development will be carried out according to a reasonable construction schedule
satisfactory to the City.
(G) That the proposed development is consistent in all respects to the spirit and intent of
this Ordinance, is in conformity with the general plans for community development,
would not be contrary to the general welfare and economic prosperity of the City or
of the immediate neighborhood, that the specific development plans have been
prepared with competent professional advice and guidance, and that the benefits
and improved design of the resultant development justifies the variation from the
normal requirements of this Ordinance through the application of the PUD District.
(H) In the case of proposed residential developments:
(1) That such development will create an attractive residential environment of
sustained desirability and economic stability, compatible with the character
established for the area by the community Comprehensive Plan, and where
the economic impact of the development in terms of income levels, property
values, and service demands is at least as beneficial to the community as
that which could be anticipated under the base zoning.
(2) The population composition of the development will not alter adversely the
impact upon school or other municipal service requirements as anticipated
under the existing basic zoning and Comprehensive Plan.
(3) That the total average residential density of the project will be compatible with
the Comprehensive Plan.
(4) That the aggregate open space of the development will be no less, than
would have resulted from the application of open space requirements of the
previous district.
(5) That adequate guarantee is provided for permanent retention as "open space
area" of the residual open land area resulting from the application of these
regulations, either by private reservation for the use of the residents within
the development or by dedication to the public.
Ownership, maintenance, and tax liability of private open space reservation
shall be established in a manner acceptable to the municipality and made a
part of the conditions of the plan approval.
(I) In the case of proposed PUD Planned Unit Development Overlays for commercial
developments:
(1) That the economic practicality of the proposed development can be justified
on the basis of purchasing potential, competitive relationship and
demonstrated tenant interest.
(2) That the proposed development will be adequately served by off-street
parking and truck service facilities.
(3) That the locations for entrances and exits have been designed to prevent
unnecessary interference with the safe and efficient movement of traffic on
surrounding streets, and that the development will not create an effect upon
the general traffic pattern of the area incompatible with that anticipated under
the Comprehensive Plan.
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(4) That the architectural design, landscaping, control of lighting, and general site
development will result in an attractive and harmonious service area
compatible with and not creating an effect upon the property values of the
surrounding neighborhood incompatible whit that anticipated under the
Comprehensive Plan
(J) In the case of mixed use developments:
(1) That the proposed mixture of uses produces a unified composite which is
compatible within itself and which as a total developmental entity is
compatible with the surrounding neighborhood and consistent with the
general objectives of the Comprehensive Plan.
(2) That the various types of uses conform to the general requirements as herein
set forth, applicable to projects of such use character.
10-13-5: DETERMINATION OF THE CITY COUNCIL
(A) The City Council, after due consideration and recommendation by the Planning and
Zoning Committee, may deny the petition, approve the petition as submitted or
approve the petition subject to additional conditions. A Planned Unit Development
may only be approved by an ordinance adopted by the City Council. Any ordinance
approving a Planned Unit Development shall specify the special conditions and
restrictions imposed on the Planned Unit Development and shalt include the
development plan and plat of subdivision, provided that a plat or re-division or
consolidation may be approved by the City Council as part of the Planned Unit
Development and must be recorded before permits may be issued. Said ordinance
shall further contain a legal description of the property subject to such Planned Unit
Development and said ordinance shall be recorded in the office of the Register of
Deeds of Fulton County before any permits may be obtained.
(B) The approval of a petition and consequent amending of the zoning map to include
the PUD District shall be based on and include as conditions to comply with the
Building, Site and Operational (BSO) Plans for the development as well as atl other
commitments offered or required with regard to project value, character or other
factor pertinent to assuring that the project will be developed basically as presented
in the official submittal plans as approved by the City Council and shall be mapped
and recorded as provided for special uses under Section 10-17-8: Amendments of
this title. Such plans, however, need not necessarily be completely detailed at the
time of zoning provided they are of sufficient detail to satisfy the Planning and Zoning
Committee and City Council as to the general character, scope, and appearance of
the proposed development as outlined in the General Development Plan.
(C) Any subsequent change or addition to the plans or use shall first be submitted for
approval to the City Council and if in the opinion of the City Council upon
recommendation of the Development Review Committee and/or the Planning and
Zoning Committee such change or addition constitutes a substantial alteration of the
original plan, a public hearing before the City Council shall be required and notice
thereof given pursuant to Section 10-17-8.
(D) No permits, as outlined in Section 10-17-9, shall be approved or issued for any use or
construction activity in a Planned Unit Development without final approval of a SIP by
ordinance of the City Council.
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