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HomeMy WebLinkAboutOrdinance #0838.. ~ , i ~ ~, i ORDINANCE N0.~~~ AN ORDINANCE AMENDING CERTAIN SECTIONS OF TITLE 10, CHAPTER 13 OF THE CANTON MUNICIPAL CODE CONCERNING PLANNED UNIT DEVELOPMENTS. WHEREAS, the Planning & Zoning Commission of the City of Canton, Illinois has determined that it is necessary, desirable and to the best interests of the City of Canton to modify and amend certain sections of Title 10, Chapter 13 of the Canton Municipal Code concerning Planned Unit Developments; and WHEREAS, the City Council of the City of Canton, Illinois has made a similar determination. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That Title 10, Chapter 13, Section 2 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "10-13-2: GENERAL PROVISIONS: A planned development may be established for any parcel or tract of land that has a minimum size of forty-three thousand five hundred sixty (43,560) square feet, and dimensions to be planned and developed or redeveloped as a unit in a manner consistent with the intent and purpose for which a planned development is permitted. Planned developments may be allowed, subject to the requirements of this Ordinance, within the following zoning districts: R-1, R-2, R-3, R-4, B-1, B-2 and B-3. Development within a planned development shall be limited solely to that set forth on the development plan and related regulations approved as part of the ordinance granting a planned development permit. 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 development. Each planned development should be presented and judged on its own merits." 2. That Title 10, Chapter 13, Section 4 of the Canton Municipal Code lie, and the same is hereby amended to read as follows: - 1 - s ~ ~ • • t f~ ~ "10-13-4: APPLICATION, REVIEW AND HEARING: (A) Applications for planned development permits shall be filed with the secretary of the Planning Commission and processed in the manner prescribed in Chapter 17 of this Title, and shall be in such form and accom- panied by such information as shall be established from time to time by the Commission. (B) Every application for a planned development shall be accompanied by ten (10) sets of plans and a plat of subdivision or consolidation, where required. (C) Said development plan shall set forth at least the following: 1. The location, dimensions and total area of the site. 2. The location, dimensions, floor area, type of con- struction and use of each proposed building or structure. 3. The number, the size and type of dwelling units in each building and the overall dwelling unit density. 4. The proposed treatment of open spaces and the ex- terior surfaces of all structures. 5. Means of ingress and egress; the number, location and dimensions of parking spaces and loading docks. 6. The proposed traffic circulation pattern within the area of the development, together with the location and description of public improvements to be installed. 7. The location and purpose of any proposed dedi- cation or easement. 8. The general drainage plan for the development tract. 9. The location, dimensions and uses of: (a) Adjacent properties; (b) Abutting public rights of way and easements, and (c) Utilities serving the site. 10. Preliminary sketches of proposed structure(s) and landscaping. 11. Significant topographical or physical features of the tract. 12. A plat of subdivision showing the planned development, or a proposed resutidivision or consolidation, in suitable form ready for review and approval by the City Council. (P)_The application shall contain the following information and be accompanied by the following submissions, as well as such additional information and submissions as may be requested by the Planning Commission. 1. Legal description of the tract of land. - 2 - 2. Evidence that the applicant has sufficient con- trol over the tract to effectuate the proposed plan, including a statement of all the ownership and beneficial interest in the tract of land and the proposed development. 3. Evidence of the financial capability of the applicant to complete the proposed development. 4. When the proposed development includes provisions for common open space or recreational facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or recreational facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of in- corporation and by-laws of such entity shall be submitted. 5. Copies of any restrictive covenants that are to be recorded with respect to property included in the proposed development. 6. When the development is to be constructed in stages or units, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit. No such stage or unit shall have a residential density that exceeds by more than twenty five percent (25%) the pro- posed residential density of the entire develop- ment. When a development provides for common open space, the total area of common open space provided at any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire develop- ment as the stages or units completed or under development bear to the entire development. 7. A statement showing the relationship of the proposed development to the Comprehensive Plan and future land use plans. 8. A statement as to why the proposed development will not cause substantial injury to the value of other property in the neighborhood. 9. A statement as to how the proposed development is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the underlying zoning district regulations. (E) Every application for a planned development shall be reviewed by the Zoning Administrator and City Engineer, who shall present their report on the planned develop- ment at the public hearing." - 3 - ~. 3. That Title 10, Chapter 13, Section 5 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "10-13-5: ADDITIONAL REQUIREMENTS AND RESTRICTIONS: (A) The Planning Commission shall report to the City Council its findings and recommendations. The Planning Commission may recommend, and the City Council may adopt, such additional conditions as are deemed necessary for the protection of the public interest, including dates for initiation and completion of the development. (B) The City Council may further require, by appropriate covenants or other restrictions running with the land, the provision of open spaces within the area of planned development which shall never be used for the construction of any building or struc- ture and may otherwise cause adequate arrangements to be made for the care and maintenance of such open space. (C) A planned development may only be approved by an ordinance adopted by the City Council. Any ordi- nance approving a planned development shall specify the special conditions and restrictions imposed on the planned development and shall include the development plan and plat of subdivision, provided that a plat of resubdivision or consolidation may be approved by the City Council as part of the planned 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 development and said ordinance shall be recorded in the office of the Recorder of Deeds of Fulton County before any permits may be obtained. (D) No planned development permit shall be valid for a period longer than one year unless a building permit is is-sued and construction actually begun within that period and is diligently pursued to completion; provided, however, that said one year period may be extended by the City Council for such time as it shall determine, for good cause shown, without further hearing before the Commission. (E) No alteration or amendment shall be made in the con- struction, development, or use without a new appli- cation under the provision of this Ordinance; pro- vided, however that technical nonsubstantive alterations may be made subject to written approval of the Zoning Administrator and City Engineer, with copies of such approval submitted to the Planning Commission; and provided further that the date for completion may be extended by the City Council for good cause." - 4 - 4. That the remainder of Title 10, Chapter 13, Planned Unit Develop- ments, of the Canton Municipal Code remain in full force and effect. 5. That this Ordinance shall be in full force and effect upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois and APPROVED by the Mayor thereof this day of ,S e. ~teh~ bc:i~ , 1980. APPROVED: ~ ~-~-~'' , MAYOR HARLAN E. CROUCH ATTEST: .l~Y CITY CLERK N Y S. WHITES - 5