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Home My WebLink About#4107 Cypress Street ORDINANCE NO. WO AN ORDINANCE REZONING PROPERTY ON CYPRESS STREET FROM A PLANNED UNIT DEVELOPMENT(PUD)ZONING CLASSIFICATION TO AN AG-I ZONING CLASSIFICATION WHEREAS, BSI PARTNERS, LLC filed a petition with the Joint Planning & Zoning Commission for the re-zoning of the real property described below,said property being within the corporate limits of the City of Canton, Illinois; and WHEREAS, BSI PARTNERS, LLC purchased the real property described below from CANTON DEVELOPMENT COMPANY on or about November 30, 2011; and WHEREAS, the current zoning classification of the property is PUD and it is the BSI PARTNERS, LLC's intent for the property to change to a AG-1 zoning classification and for a partial vacation of the subdivision plat of Golf View Villas Subdivision—Section One; and WHEREAS, after proper notice, a public hearing on said Petition was conducted by the Planning and Zoning Commission of the City of Canton on May 14, 2018. WHEREAS,on May 14,2018,the Planning and Zoning Commission recommended to the City Council that the real property described below be rezoned pursuant to 65 ILCS 5/11-13-1 el.seq.; and WHEREAS, it is in the best interest of the City of Canton, Illinois that said property be rezoned within the City of Canton, to meet future business growth and fit within the City's comprehensive plan. WHEREAS,BSI PARTNERS,LLC owns the following parcels which are all adjacent and part of the former Canton Country Club Golf Course which are currently used as farm crop production land: Tax ID Acres/Lt# Use Zoning Doc Date Acquired 09-08-15-400-014 17.72 acres Cropland AG-1 1143222 12/1/11 09-08-15-400-029 14.8 acres Cropland AG-1 1244995 3/20/12 09-08-15-400-030 47.08 acres Cropland/ AG-I 1143222 12/1/11 Farm bldg. 09-08-15-402-005 Lt 20 Vacant Lot PUD 1143222 12/1/11 09-08-15-402-006 Lt 19 Vacant Lot PUD 1143222 12/1/11 09-08-15-402-007 Lt 18 Vacant Lot PUD 1143222 12/1/11 09-08-15-402-008 Lt 17 Vacant Lot PUD 1143222 12/1/11 09-08-15-402-009 Lt 16 Vacant Lot PUD 1143222 12/1/11 WHEREAS, CANTON DEVELOPMENT COMPANY ("CDC"), an Illinois corporation, previously owned and developed the real estate hereinafter described as a part of and in conjunction with the development of Golf View Villas,a residential subdivision. WHEREAS,the City of Canton previously vacated Lots 21 through 24 of Golf View Villas Section One pursuant to a Petition and Approval of Partial Vacation of Golf View Villas Section One,according to a document filed June 29,2015 in the Recorder's Office of Fulton County,Illinois (Document No. 1565953) at the request of Ralph P. Sedgewick, as Trustee of the Ralph P. Sedgewick Trust, in order to discontinue the original anticipated use of said lots for residential development and to instead approve commercial development upon said parcels, including construction of a now-existing funeral home. WHEREAS, Lots 16 through 20 of Golf View Villas Section One adjoin the Sedgewick property which contains the portion of Golf View Villas Section One which was previously vacated (Tax ID Number 09-08-15-400-042). WHEREAS,BSI PARTNERS,LLC has entered into an agreement to convey Lot 16 of Golf View Villas and a portion of 09-08-15-400-030 to Joshua S.Richardson and Shaunna L.Richardson, owners of the immediately adjacent or neighboring properties bearing Tax ID numbers: 09-08-15- 402-010 and 09-08-15-400-033. WHEREAS,Joshua S.Richardson and Shaunna L.Richardson have executed their approval, consent and waiver of objection to the vacation of the subdivision plat as to Lots 17, 18, 19 and 20 of Golf View Villas—Section One. A copy of the written approval,consent and waiver of objection executed by Joshua S. Richardson and Shaunna L. Richardson is attached hereto as Exhibit A. WHEREAS, BSI PARTNERS, LLC has remained the owner of Lots 17 through 20 since 2011. Lots 17 through 20 are all vacant with no improvements thereon. WHEREAS,BSI PARTNERS,LLC has no intention of building residential improvements on Lois 17 through 20 of Golf View Villas Section One. WHEREAS, In accordance with the applicable zoning regulations and with the City or Canton's permitting process, BSI PARTNERS, LLC intends to continue the current actual use of Lots 17 through 20 of Golf View Villas Section One for agricultural production as part of the field located on the 79.6 acres owned adjacent to Golf View Villas. BSI PARTNERS, LLC intends to keep all or part of Lots 17 through 20 vacant so as to best utilize the farm land on the adjacent parcels. WHEREAS, BSI PARTNERS, LLC sought to vacate all of Lots 17 through 20 for the reasons hereinabove set forth. WHEREAS,BSI PARTNERS,LLC proposed that a utility easement running along the south side of Lots 17 through 20 be vacated along with the vacation of Lots 17 through 20; further, BSI PARTNERS,LLC proposed that the utility easements running in between Lots 18 and 19 be vacated along with Lots 17 through 20;further,the BSI PARTNERS,LLC proposed that the utility easement running along the West end of Lot 20 be vacated along with Lots 17 through 20; further, the BSI PARTNERS,LLC proposed that the utility easement running along the east end of Lot 17 be vacated along with Lots 17 through 20. WHEREAS, other than as stated above, BSI PARTNERS, LLC, did not propose that the vacation requested herein affect or involve the vacation of the public roadway known as Cypress Road,which serves the subdivision,nor did BSI PARTNERS,LLC seek to interfere with or remove any util ity easements along Cypress Road,or any other part of the subdivision property and requested that those utility easements will remain in place and in full force and effect. WHEREAS,BSI PARTNERS,LLC requested that the Restrictive Covenants,if any,of Golf View Villas Section One,shall remain in full force and effect and binding upon all Lots not subject to this Petition to Vacate, but shall have no force or effect upon Lots 17 through 20, as vacated. WHEREAS, that the proposed vacation will not abridge or destroy any of the rights or privileges of other proprietors in Golf View Villas Section One. WHEREAS,That the proposed vacation does not conflict with the land use plans of the City of Canton and the agricultural use of the BSI PARTNERS, LLC with the surrounding residential/Open Space uses of the remaining lots is consistent with prudent land use and management. WHEREFORE,the BSI PARTNERS, LLC requested that the City of Canton approve the BSI PARTNERS, LLC's Request to Vacate a Portion of Golf View Villas Section One,and would vacate as follows: (I)Lots 17 through 20 of said plat be vacated;(2)the existing utility easements shown on the Golf View Villas Section One plat running along the South side of Lots 17 -20 be vacated; (3)the existing utility easements shown on the Golf View Villas Section One plat running between Lots I8 and 19, on the Westerly side of Lot 20 and the Easterly side of Lot 17 be vacated. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Canton, Illinois as follows: L That the Canton City Council hereby finds as facts the assertions set forth above. 2. That the described real property be and is hereby rezoned from PUD to AG-1 as follows: TRACT l: Lot 17 in Golf View Villas— Section One Subdivision, a subdivision of part of the Southeast Quarter of Section 15, Township 7 North, Range 4 East of the Fourth Principal Meridian,Fulton County, Illinois, recorded as Document No. 0818730 in Slide 405, Fulton County Recorder's Office. Tax ID/i: 09-08-15-402-008 TRACT 2: Lot 18 in Golf View Villas—Section One Subdivision, a subdivision of part of the Southeast Quarter of Section 15, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, recorded as Document No. 0818730 in Slide 405, Fulton County Recorder's Office. Tax ID#: 09-08-15-402-007 TRACT 3: Lot 19 in Golf View Villas—Section One Subdivision, a subdivision of part of the Southeast Quarter of Section 15, Township 7 North, Range 4 East of the Fourth Principal Meridian,Fulton County,Illinois, recorded as Document No.0818730 in Slide 405, Fulton County Recorder's Office. Tax ID #: 09-08-15-402-006 TRACT 4: Lot 20 in Golf View Villas—Section One Subdivision,a subdivision of part of the Southeast Quarter of Section 15, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, recorded as Document No. 0818730 in Slide 405, Fulton County Recorders Office. Tax ID#: 09-08-15-402-005 3. NOW, THEREFORE,THE CITY OF CANTON, hereby APPROVES the Petition to Vacate a Portion of Golf View Villas Section One, as stated above, and hereby states as follows: A. That Lots 17 through 20 of Golf View Villas Section One arc hereby vacated; B. That the existing utility easements shown on the Golf View Villas Section One Plat running along the South side of Lots 17-20 are hereby vacated; C. That the existing utility easements shown on the Golf View Villas Section One Plat running between Lots I8 and 19 are hereby vacated; D. That the existing utility easement shown on the Golf View Villas Section One Plat running along the Westerly side of Lot 20 is hereby vacated; E. That the existing utility easement shown on the Golf View Villas Section One Plat running along the Westerly side of Lot 17 is hereby vacated; F. That the existing Lots 1 through 16 shown on the Golf View Villas Section One Plat and all other matters contained therein arc unaffected by this Partial Vacation. G. The Restrictive Covenants,if any,of Golf View Villas Section One,shall remain in full force and effect and binding upon all Lots not subject to this Petition to Vacate, but shall have no force or effect upon Lots 17 through 20, as vacated. H. That the zoning of the vacated Lots 17 - 20 shall be changed from Planned Unit Development-Residential to AG-1. 4. That BSI PARTNERS. LLC will pay to the City of Canton the fees required to file a certified copy of this Ordinance with the Fulton County Clerk and Recorder of Deeds, no later than ninety(90)days from the date of this Ordinance. 5. Upon proof of filing of a certified copy of this Ordinance, the Zoning Administrator is directed to make the appropriate map amendments to the City of Canton to reflect said re- zoning. 6. That this Ordinance shall be in full force and effect upon its passage by the City Council of the City of Canton and approval by its Mayor. PASSED by the City Council of the City of Canton, Illinois and approved by the Mayor thereof this 14th day of May 2018 upon a roll call vote as follows: le-tit Ar`/T lcr to-47- -clF-StctzNA i�tnCh AYES: RN-r me �{t-t SIMI 0...1)111. J LAC" R1 Llay hrt,J NAYS: NOD c, �7c`T J ..� L Lege e 11 /D ABSENT: A f a-..+'^c + Q�/r to 1-10le) L- 2/ •Approved: \�_. �♦ ' . 0 /_ -nt A. McDowel ayor Attest: 1 Diana Pavley-Rock, City Clerk