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HomeMy WebLinkAboutOrdinance #1218e ~ i ORDINANCE NO. 1218 AN ORDZNANCB REZONING REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF EAST MYRTLE STREET AND NORTH 16th AVENUE, CANTON, ILLINOIS, FROM B-1 to R-4 ZONING CONFIGURATION, WITH A SPECIAL USE PERMIT WHEREAS, the Planning and Zoning Commission of the City of Canton has, after Notice and Hearing, unanimously recommended the rezoning of property, on Petition of Illinois Developmental Association, Inc., generally located at the Northeast corner of East Myrtle Street and North 16th Avenue, Canton, Illinois, and which is legally described as follows: Lots 7, 8 and 9 in Village Square Section Five according to the Plat thereof recorded October 31, 1978 in Plat Book 8, Pae 15 as Document 80-9293, situated in Fulton County, Illinois, from B-1 (Local Commercial District) to R-4 (Multiple-Family Residential District) with a special use permit under Section 10-7-3(c) under the Zoning Ordinance of this City; and, WHEREAS, this Council is now fully advised in the premises; and, WHEREAS, it is in the best interest of the City of Canton to rezone said property from B-1 to R-4 subject to such a special use permit. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. 2. That the property above described be, and it hereby is, rezoned from its present zoning configuration of B-1 (Local Commercial District) to the zoning configuration of R-4 (Multiple Family Residential District), under the Zoning Ordinance of this City. 3. That a Special Use Permit under Section 10-7-3(c) of the Canton Municipal Code issue to the Illinois Developmental Association, Inc. That a certified copy of this Ordinance shall constitute such special use permit and shall issue immediately upon passage and approval of this Ordinance. 4. That the appropriate officials of this City mark and make such changes on the Zoning Map of this City as may be necessary to properly display the zoning change herein Ordained and do such other acts as are customarily done to reflect the zoning change. 5. That this Ordinance shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this lf~th day of October, 1988 upon a roll call vote as follows: AYES: Aldermen I~ovachevich, Zilly, Steck, Sarff, 1~4eade, Bohler, May, Chapman. NAYS: None. ABSENT: None. APPROVED: Donald E. Edwards, Mayor. ATTEST: cy Whiies, City Clerk. CITY OF CANTON 210 East Chesfnut, Canton, Illinois 61520 • Telephone 309/647-0020 Donald E. Edwards, Mayor Nancy S. Whites, crrycrerk Patricia A. Wright, aty Treasurer TO: Honorable Mayor and City Council ~~~~~~ FROM: James H. Malmgren, City Attorney James H. Malmgren, crryArtornay Clifford L. Sagaser, c~ryengrnear David A. Leezer, ~irecrororAdm~nlarrarlon SUBJECT: Illinois Developmental Association, Inc, request for rezoning and special use permit DATE: October 18, 1988 Attached to this Memorandum please find a copy of a two page letter from the Illinois Developmental Association, Inc. dated October 7, 1988 which sets out in detail the request of the association that the Ordinance rezoning property generally located at the Northeast Corner of East Myrtle Street and North 16th Avenue from B-1 to R-4 with a Special Use Permit be passed upon one reading. The Council please note that timing is critically important to the Illinois Developmental Association with respect to not only financing but other certificates and permits which have to be obtained from the State. Failure to timely obtain those permits this building season will unnecessarily delay and perhaps prevent the construction of the facility in this community. The Petition For Rezonging and for a Special Use Permit has been heard by the Planning and Zoning Commission, to include a public hearing on the question. No persons appeared with respect to the Petition although public notice was given by publication in the Canton Daily Ledger. The Planning and Zoning Commission has unanimously recommended the requested rezoning and issuance of a Special Use Permit. With all of the foregoing as a factual predicate, I see no public policy reason to have a second reading on the Ordinance and I recommend to the City Council that the Council suspend the rules and pass this Ordinance on first reading. Illinois Developmental Association, ~nc~ 250 North Water Street Suite 500 Decatur, Illinois 62525 (217) 428-4689 • (21.7) 424-2646 October 7, 1988 Mr. James H. Malmgren City Attorney 369 North Main Street Canton, IL 61520 RE: Rezoning Lots 7, 8 and 9 Village Square Subdivision Dear Jim: Once again, I enjoyed speaking to you yesterday. Your assistance has been invaluable to us. I understand, procedurally, that our rezoning petition will be considered by the Plan Commission on Monday, October 10. I look forward to meeting you at that time. Thereafter, assuming a favorable response, the petition will be taken to the City Council, which will meet on October 18. The council ordinarily uses a two step process in considering ordinance changes or rezoning changes. This involves a "first" reading, and a "second" reading of the proposed change. The first consideration will be made at the October 18 meeting. Ordinarily, the second reading would be made at .the next City Council meeting, which will occur in mid-November. The purpose of my letter is to formally request that the City Council waive the second reading of the proposed change, which I understand can be done on an "emergency" basis. Historically, we need to have the property rezoned so that we can utilize the property as a facility for the developmentally disabled. We cannot use that property in that manner without the issuance of a Certificate of Need. We cannot even commence construction without that Certificate. This is the reason why our present situation has become somewhat desperate. The application for a Certificate of Need was tabled in the October Health Facilities Planning Board meeting, due to uncertainty about the zoning situation. The next hearing of the Health Facilities Planning Board will be held on November 2 and 3, and unless the City Council waives the second reading, we will have to ask that our Certificate of Need Application be tabled again. Due to expiration dates for financing, and Health Facilities Planning Board regulations, we would need to withdraw the application completely and start over. This would involve considerable expense, both in current funds and in future costs, r-~- __~/~/_~~ _i "Sewing Tdie Needs Of The Devela~~rlieritally Disabled" Mr. James H. Malmgren Page 2 October 7, 1988 due to the increased interest rates for the permanent financing package. It is of great concern to us to be able to present our Certificate of 1~eed application to the Health Facilities Planning Board at the November 2 and 3 hearings. Certainly, from our perspective, this constitutes an emergency. I hope that with this prior indication of our intention to request that waiver, we will be able to address the issue with any interested councilman prior to the October 18 hearing. I think it should be noted, in terms of fairness to the residents of Canton, that two publications with reference to our intent have already been made. The first publication was made directly by the Health Facilities Planning Board and the second with reference to our rezoning petition. The first publication advised the residents of our intentions, the nature of the project and their right to voice objections at a public hearing. No objections were received. If there is any additional material which I can furnish, which can be of assistance to you, please don't hesitate to contact me. As I indicated, we look forward to meeting you on October 10. Very truly yours, ILLINOIS DEVELOPMENTAL ASSOCIATION, INC. By Charles C. Hughes, Secretary CCH/kk