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Home My WebLink About#4147 Kumer Rezoning CITY OF CANTON ORDINANCE NO 4147 AN ORDINANCE REZONING PROPERTY ON THE SOUTHEAST CORNER OF 5T" STREET AND CHESTNUT STREET FROM R-2 ZONING CLASSIFICATION TO A B-2 ZONING CLASSIFICATION PASSED BY THE CITY COUNCIL OF THE CITY OF CANTON THE 4T" DAY OF JUNE, 2019 PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY COUNCIL OF.THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, THIS 4T" DAY OF JUNE, 2019 s EFFECTIVE: JUNE 4, 2019 CERTIFICATE THE UNDERSIGNED CERTIFIES THAT SHE IS THE CITY CLERK FOR THE CITY OF CANTON, ILLINOIS, AND THAT THE CITY COUNCIL AT A REGULARLY CONSTITUTED MEETING OF SAID CITY COUNCIL OF THE CITY OF CANTON ON THE 4TH DAY OF JUNE,2019 ADOPTED ORDINANCE NO. 4147 A TRUE AND CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET. GIVEN UNDER MY HAND AND SEAL THIS 4TH DAY OF JUNE, 2019. (SEAL) DIANA PAVLEY-ROCK CITY CLERK ORDINANCE NO. �l ? AN ORDINANCE REZONING PROPERTY ON THE SOUTHEAST CORNER OF 5TH STREET AND CHESTNUT STREET FROM R-2 ZONING CLASSIFICATION TO A B-2 ZONING CLASSIFICATION WHEREAS, MAX KUMER as Trustee of the MAX KUMER FAMILY TRUST and WILLIAM M.WILHELM 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, MAX KUMER as Trustee of the MAX KUMER FAMILY TRUST and WILLIAM M. WILHELM purchased the real property described below fromGERALD B. WHITEHEAD and PHYLLIS A. WHITEHEAD on or about September 19, 2018; and WHEREAS, the current zoning classification of the property is R-2 and it is the MAX KUMER as Trustee of the MAX KUMER FAMILY TRUST and WILLIAM M.WILHELM's intent for the property to change to a B-2 zoning classification; 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 13, 2019. WHEREAS, on May 13, 2019,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 et.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, MAX KUMER as Trustee of the MAX KUMER FAMILY TRUST and WILLIAM M.WILHELM own the following parcels which are all adjacent which are currently used as vacant land,the residential structures upon such lots having been demolished:Tax ID#s 09-08-26- 312-013, 09-08-26-312-046; and 09-08-26-312-052. WHEREAS, GERALD B. WHITEHEAD and PHYLLIS A. WHITEHEAD previously owned the real estate hereinafter described and operated a business,to wit,an accounting office upon such land. WHEREAS, MAX KUMER as Trustee of the MAX KUMER FAMILY TRUST and WILLIAM M. WILHELM have no intention of building residential improvements on the subject parcels,and the highest and best use of such parcels is commercial development,consistent with the use of the Northeast and Northwest corners of the intersection where the parcel is located. WHEREAS,That the proposed rezoning does not conflict with the land use plans ofthe City of Canton and the proposed is consistent with prudent land use and management. WHEREFORE,the MAX KUMER as Trustee ofthe MAX KUMER FAMILY TRUST and WILLIAM M. WILHELM requested that the City of Canton approve MAX KUMER as Trustee of the MAX KUMER FAMILY TRUST and WILLIAM M. WILHELM's Request to Rezone the subject parcels from R-2 to B-2. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Canton, Illinois as follows: 1: 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 I: Parts of Lot Number Thirty-three (33) and Thirty-four (34) in the Southeast Quarter of the Southwest Quarter of Section Twenty-six(26)in Township Seven(7)North,Range Four(4)East, situated in the City of Canton, in the County of Fulton, in the State of Illinois, described as follows: Beginning 50 feet North of the Northwest corner of Lot 66 Barnes and Jones'Addition to Canton, Illinois,running thence North 50 feet, thence East 156-2/3 feet, thence South 50 feet, thence West 156-2/3 feet,to the place of beginning; excepting and reserving a strip of land 4 feet wide along the North side of said piece of land, reserved to form a part of a private alleyway on the North side of said lot, together with the right-of-way over a strip of land 4 feet wide along the North side of the strip so reserved, to form a complete alleyway 8 feet wide, as shown by Deed dated July 10, 1895, recorded in Volume 283, Page 482, on the Land Records of Fulton County, Illinois. Permanent Index Number: 09-08-26-312-013 TRACT II: A part of the Southwest Quarter of Section 26 in Township 7 North, Range 4 East of the Fourth Principal Meridian, Canton, Fulton County, Illinois, described as follows: A tract of land beginning at the Northeast corner of Lot 66 in Barnes and Jones'Addition to Canton, Illinois,running thence East 39 feet, more or less, thence North 96 feet,thence West 39 feet, more or less,thence South 96 feet to the place of beginning;ALSO the right of way over driveway running East and West to the above tract of land, situated in the City of Canton, County of Fulton, in the State of Illinois. Permanent Index Number: 09-08-26-312-046 TRACT III: Apart ofthe Southeast Quarter ofthe Southwest Quarter of Section Twenty-Six(26) in Township Seven(7)North, Range Four(4) East, situated in the City of Canton, in the County of Fulton, in the State of Illinois, described as follows: Beginning at a point 96 feet North of the Northwest Corner of Lot 66 in Barnes and Jones' Addition to the City of Canton, Fulton County, Illinois, thence East 195.67 feet;thence North 8 feet;thence West 195.67 feet;thence South 8 feet; thence South 8 feet to the point of beginning. Permanent Index Number: 09-08-26-312-052 Common Address: 57 North 5``1 Avenue, Canton, Illinois 61520 3. NOW, THEREFORE, THE CITY OF CANTON, hereby APPROVES the Petition to Rezone, as stated above, and hereby states that the zoning of the above-referenced parcels shall be changed from R-2 to B-2: 4. That MAX KUMER as Trustee of the MAX KUMER FAMILY TRUST and WILLIAM M. WILHELM 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 he City of Canton, Illinois and approved by the Mayor thereof this f-1 day of lint , 2019 upon a roll call vote as follows: AYES: R\� ef rmt I-1 art lot, u-1,�-r C4 -V vfa ^9-C lcr_ C, L00c.111 Ot-t(r1 Lj NAYS: ABSENT: `� •r �w�r"/ yU S+ice Approved.-t T-Kent A. McDowell, Mayor Attest: na Pavley-Rock, City Clerk