HomeMy WebLinkAboutOrdinance #1109ORDINANCE N0. 11 0 9
AN ORDINANCE REZONING CERTAIN REAL PROPERTY AND GRANTING A SPECIAL USE
PERMIT FOR THE OPERATION OF A NURSING HOME.
WHEREAS, a Petition for Rezoning and/or Special Use, signed by
the owners of record, of the territory hereinafter described, was filed
before the Planning and Zoning Commission of the City of Canton, Illinois,
requesting that said territory be rezoned R-4, Multiple Family Residential
District, and requesting that a Special Use Permit issue to Petitioners
for the operation of a Nursing Home on said territory; and,
WHEREAS, a public hearing was held before the Planning and Zoning
Commission of the City of Canton, Illinois on March 10, 1986, pursuant
to notice published in the Canton Daily Ledger; and,
WHEREAS, on March 10, 1986, the Canton Planning and Zoning Commission
recommended to the Canton City Council that the territory hereinafter
described be rezoned to R-4, Multiple Family Residential District, and
that a Special Use Permit issue to Petitioners for the operation of
a Nursing Home thereon.
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 territory described in Exhibit A hereto attached and
herein fully incorporated by reference be, and the same hereby is, rezoned
R-4, Multiple Family Residential District.
3. That a Special Use Permit is hereby conditionally issued to
Health Care and Retirement Corporation of America, 1885 McCullough Street,
Lima, Ohio, for the operation of a nursing home on the real property
set forth in Exhibit A hereto attached and herein fully incorporated
by reference. Such Special Use Permit is subject to the following
conditions:
a. Such Special Use Permit is personal to the Health Care
and Retirement Corporation of America,1885 McCullough Street, Lima,
Ohio, and may not be transferred or assigned by said corporation. Any
attempt to transfer or assign such Special Use Permit shall absolutely
nullify said permit by operation of law.
b. The operation of the proposed nursing home shall be in
conformity with the requirements of all applicable Federal, State, County,
and local laws, ordinances, rules, and regulations.
c. Such Special Use Permit shall automatically expire unless
construction of the proposed nursing home is begun within 180 days of
the date of the issuance of such permit, and, also, unless construction
proceed and be completed in conformity with plans and specifications
now on file, or, hereafter filed by or on behalf of Health Care and
Retirement Corporation of America with the City of Canton Building
Official.
d. The use of the real property described in Exhibit A hereto
attached and herein fully incorporated by reference shall in all other
ways comply with the City of Canton's Zoning Ordinance, as the same
is now promulgated and as the same may hereafter be amended.
4. That the City Clerk shall, immediately upon the passage of
this Ordinance, certify a copy of this Ordinance to Health Care and
Retirement Corporation of America, which certified copy shall be deemed
for all uses and purposes to constitute the Special Use Permit provided
for in this Ordinance.
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 1 S t day of A p r i l ,
1986, upon a roll call vote as follows:
AYES: Alderman Chapman, May, Bohler, Workman, Sarff,
Steck, Zilly, Kovachevich.
NAYS: None.
ABSENT: None.
APPROV
~~~
Donald E. Edwards, Mayor.
ATTEST:
Nancy Whites, City Clerk.
EXHIBIT A
Ordinance No.
The legal description of the real estate involved is as follows:
A part of the Northeast Quarter of Section 15, Township 7 North,
Range 4 East of the Fourth Principal Meridian, Fulton County,
Illinois, described as follows, bearings are -for descriptive
purposes: Commencing at the Northeast corner of said Section 15,
thence bearing South 1° 20' 58" West a distance of 60.0.00 feet
along the East line of said Section 1.5; _thence bearing West a
distance of 93.00 feet to the .West, right-of-way line of Fourth
Avenue; thence bearing South 1° 20' 58" West a distance .of 372.39
feet along said West right-of-way line to the Northeast corner
of the U.S. Armory property; thence bearing North 89° 59' 44" West
a distance of 726.00 feet along the North line of said U.S. Armory
property to the Northwest corner of said U.S. Armory property;
thence bearing South 1 ° 20' 58" West a distance of 360.00 feet
along the West line of said U.S. Armory property; thence bearing
North 89° 59' 44" West a distance of 1061.42 feet to the East.-
right-of-way line of State Route No.78; thence along said East
right-of-way line 31.54 feet along an arc to the right. whose radius
is 3377.74 feet and whose chord .bears North 17° 58' 30" East- a
distance of 31.53 feet to the ACTUAL POINT OF BEGINNING; thence
along said East right-of-way line 309.p1 feet along. an arc to the
right whose radius is 3377.74 feet and- whose chord bears. North
20°' 51' 48" East a distance of 308.91 feet to a point of tangency;
thence along said East right-of-way line bearing ,North 23° 39'
18" East a distance of 210.00 feet; thence bearing East a distance
of 869.68 feet to the. West right-of-way line of .Industry .Road;-
thence along said West right-of-way line for the next two courses
bearing South 22° 52' 51" West a distance ,of 164.09 feet; thence
bearing South 1° 20' 58" West a distance 330.00 feet .to the North.
right-of-way line of a dedicated public roadway; .thence bearing
North 89° 59' 44" West a distance of 992.40 feet along said North
right-of-way line to the point of beginning, containing 10.107
acres;
All in the County of Fulton, State of Illinois.