HomeMy WebLinkAboutOrdinance # 1917
ORDINANCE NO. 1917
An Ordinance approving the Implementation Plan for Golf View Villas Planned Unit
Development and authorizing the Public Works Department to provide access to
water and sewer for Lots 1 through 24 of the Golf View Villas B Section One at the
City of Canton's expense.
WHEREAS, on September 18, 2007, the City Council of the City of Canton unanimously
approved the final plat of the first phase of Golf View Villas Planned Unit Development;
WHEREAS, the plat of Golf View Villas B Section One, dated September 14, 2007, was
recorded on September 24, 2007, as Document No. 0715437, Slide 400, in the Office of the Recorder
of Fulton County, Illinois;
WHEREAS, Golf View Villas' Covenants, Rules and Restrictions Governing Use, dated
September 21, 2007 was recorded September 24, 2007, as Document 0715438 in the Office of the
Recorder of Fulton County;
WHEREAS, Canton Country Club Real Estate, LLC submitted an Implementation Plan for
Golf View Villas Planned Unit Development to the Public Works Committee on October 23, 2007;
WHEREAS, Canton Country Club Real Estate, LLC, as a part of its Implementation Plan for
Golf View Villas Planned Unit Development has asked the City of Canton to provide access to water
and sewer for Lots 1 through 24 of Golf View Villas B Section One, at the City's expense; and
WHEREAS, the City's Public Works Director, at the request of the Public Works
Committee, has prepared an estimate of the cost of installing the necessary materials to provide
access to water and sewer for Lots 1 through 24, which estimate includes the option of providing
access to water and sewer at the City's expense totaling $57,672.00 (Option 2 of a Memorandum
dated October 30, 2007 from the Public Works Director, a copy of which is attached as Exhibit A).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CANTON, ILLINOIS, A MUNICIPAL CORPORATION:
1. That the Implementation Plan for Golf View Villas Planned Unit Development, as
amended and dated November 28, 2007, shall be and the same hereby is approved.
2. That the Public Works Department of the City of Canton, Illinois, and its Director,
shall be and they are hereby authorized to install the necessary materials and equipment to provide
water and sewer to Lots 1 through 24 of the Golf View Villas B Section One at the City's expense, as
outlined in Option 2 of the Memorandum from the Public Works Director dated October 30, 2007, a
copy of which is attached to this Ordinance as Exhibit A.
3. That the City of Canton makes no representations or warranties with regard to
providing water and sewer to Lots 25 through 35 of the proposed Golf View Villas -Section Two.
4. That a copy of this Ordinance shall be filed with the appropriate authorities of the
County of Fulton and State of Illinois, to reflect the City's approval of the Implementation Plan for
Golf View Villas Planned Unit Development and authorization to provide the necessary labor and
materials to provide water and sewer to Lots 1 through 24 of the Golf View Villas B Section One.
That the Mayor of the City of Canton, Illinois, shall be and he is hereby authorized to
affix his signature as the Mayor of said City to this Ordinance and the City Clerk of the City of
Canton, Illinois, shall be and she is hereby authorized to attest such signature thereto.
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Passed by a vote of the City Council of the City of Canton, Illinois, this4th day of
December, 2007, by a vote of 6 ayes and 2 nays, with 0 Aldermen absent.
Mayor Rodney [~l. Heinze vot' . Aldernlan Kevin Meade, abstained.
Rodney H e, Mayor,
City of Canton, Illinois
ATTEST:
/ r ~~
Nancy Whites, Clerk,
City of Canton, linois
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MEMORANDUM
TO: Mayor Rod Heinze
Canton City Council
Ms. Kathy Luker, City Treasurer
Ms. Chrissie Peterson, City Attorney
Nancy Whites -City Clerk
FROM: Clif O'Brien, Public Works Director
SUBJECT: Golf View Villas Phase I -Water and Sewer
DATE: October 30, 2007
The purpose of this memorandum is to respond to the Committee's request to bring back
options for the installation of water and sewer for the proposed Golf View Villas -Phase
I. The following are several options for the Committee to consider:
Option 1
o City will purchase necessary materials and install water services from
existing water main to the property line.
^ Material Cost = $7,000
^ Labor Cost = $6,900
o Canton Country Club, LLC will be necessary for purchase and installation
of sanitary sewer and sanitary sewer services.
^ Engineer's Cost Opinion (from CCC LLC submittal) _ $134,000
o Total Estimated Cost = $147,900
Option 2
o City will purchase necessary materials and install water services from
existing water main to the property line.
^ Material Cost = $7,000
^ Labor Cost = $6,900
o City will retain and pay local contractor for sewer excavation and
purchase necessary materials.
^ Material Cost = $23,772
^ Local Contractor = $20,000
o Total Estimated Cost = $57,672
Option 3
o Canton Country Club responsible for contracting all water and sewer
connections.
o Total Estimated Cost = $198,000 (from CCC LLC submittal)
• Option 4
o Option 2 with the Canton Country Club LLC reimbursing the City for
water main labor and material costs.
• Option 5
o Option 2 with the Canton Country Club LLC reimbursing the City for
water main material costs.
C:\Documents and settings\CompacLOwner\My Documents\Conespondence\Golf View Villas Cost Options.doc
IMPLEMENTATION PLAN FOR GOLF VIEW VILLAS
PLANNED UNIT DEVELOPMENT (PUD)
City of Canton, Illinois
On August 13, 2007, the Planning and Zoning Commission of the City of Canton,
Illinois, met pursuant to notice as required by law and held a public hearing concerning
the request made by the Canton Country Club Real Estate, LLC to re-zone certain real
estate, which is more particularly described on the attached Exhibit A, to a Planned Unit
Development ("PUD") zoning configuration. No objections having been made, the
Planning and Zoning Commission unanimously recommended to the City Council of the
City of Canton ("City Council") the re-zoning of the property to a PUD zoning
configuration. On August 21, 2007, at a regularly scheduled meeting, the City Council
unanimously approved Ordinance No. 1909, re-zoning the above-described property to a
PUD zoning configuration and authorizing the City's officials to amend the applicable
maps of the City to reflect the re-zoning.
On September 18, 2007, at a regularly scheduled meeting, the City Council
unanimously approved the final plat of the first phase of the PUD, to be known as Golf
View Villas -Section One, a copy of which is attached as Exhibit B, which is consistent
with the conceptual plan presented to and approved by the Planning and Zoning
Commission on August 13, 2007 and City Council on September 4, 2007. The plat of
Golf View Villas -Section One, dated September 14, 2007, was recorded on September
24, 2007, as Document No. 0715437, Slide 400, in the Office of the Recorder of Fulton
County, Illinois. The Canton Country Club Real Estate, LLC approved Covenants, Rules
and Restrictions Governing Use, attached as Exhibit C, dated September 21, 2007 and
recorded September 24, 2007, as Document No. 0715438 in the Office of the Recorder of
Fulton County, Illinois, governing the PUD known as Golf View Villas -Section One,
as well as the second phase of the PUD, which will be known as Golf View Villas -
Section Two. The second phase of the PUD is included on the conceptual plan, which
was presented to and approved by the Planning and Zoning Commission on August 13,
2007 and the City Council on September 4, 2007.
This Implementation Plan sets forth detailed guidelines, designating and
establishing the general land uses that shall be permitted on the Golf View Villas
properties (the "Lots"), specifying building design standards, development regulations
and conditions with which each Lot Owner must comply, and identifying the easements
and plans for water, sewer and other utilities, as well as for curbs and gutters.
1. Location Map. A location map of the subject property and its vicinity,
depicted on a copy of the City of Canton's Land Use Plan Map, is attached as Exhibit D.
2. Land Use. The only permitted use of the Lots is residential. There may
be no commercial, business or "home occupation" use on any of the Golf View Villas
Lots; no oil drilling, oil development operations, oil refining, quarrying or mining
operations of any kind shall be permitted on any Lot. The anticipated use is for duplexes,
with each half of a duplex to be located on a separate Lot, having a common wall
between each single-family dwelling, which wall will be along the Lot line separating the
two Lots. Any other configuration for asingle-family dwelling on a Lot must be
approved by the Architectural Control Committee, which has been created by the
Managers of the Canton Country Club Real Estate LLC. Construction of anon-duplex
single-family dwelling on any Lot designed for construction of one-half of a duplex will
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necessarily require that the adjoining Lot also contain anon-duplex single-family
dwelling. Golf View Villas adjoins the Canton Country Club golf course, which consists
of several acres of open space and greenery.
3. Dwelling Design Standards. Each single-family unit shall consist of not
less than 1300 or more than 2400 square feet of floor space, exclusive of basement, open
porches and garage, unless otherwise approved by the Architectural Control Committee.
All dwellings shall be all brick, all siding or a combination of brick and siding and shall
be of a quality of workmanship and materials substantially the same or better than that
which could be produced as of September 24, 2007, the date of recording the Covenants,
for the minimum dwelling size. All dwellings shall be constructed in conformity with all
federal, state and local statutes, regulations, ordinances and building codes governing the
construction of single-family dwellings at the time each dwelling is constructed. Prior to
commencement of construction of any dwelling, the construction plans and
specifications, showing all exterior colors, the location of the proposed dwelling and any
proposed landscaping shall be submitted to and approved by the Architectural Control
Committee, to ensure that the PUD presents a uniform appearance, with a variation of
detail and form so as to avoid monotony of design. The only exemption from the City
Ordinances will be for duplexes constructed with a common wall on the property line, in
which case the side-yard setback for each of the Lots on the dwelling side yard only will
be zero, as shown on the Plat (see Exhibit B).
4. Landscaping. Although landscaping shall be used to enhance and
complement architectural features, each Lot Owner must submit his or her landscape plan
to the Architectural Control Committee for pre-approval. Flowers and shrubs will be
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permitted, but large garden plots are prohibited. Each Lot Owner shall keep lawns and
other landscaped areas mowed and trees and shrubs trimmed for aesthetic reasons and
also to avoid interfering with public and private utilities, neighboring Lots and visibility
for purposes of entering or exiting driveways or roadways. Landscape materials that
have deteriorated or have been damaged shall be properly and promptly repaired or
replaced. Planted materials that have deteriorated or died shall be replaced with healthy
plantings or the area redesigned with other landscape treatments to provide the same or
similar attractive appearance. Planting areas should be kept watered, fertilized, cultivated
and pruned as required to give a healthy and well-groomed appearance during all seasons
5. Lawn Care Snow Removal Landscape Services, Maintenance and Repair.
The Covenants provide that the Lot Owners shall form a Golf View Villas Lot Owners
Association, which will contract and pay for lawn mowing, trimming, snow removal and
landscaping services, and perform various maintenance and repair tasks for the exterior
of the Lot Owners' dwellings.
6. Outdoor Li hg tiny. Upon occupation of a residence on any Lot, the Lot
Owner shall erect apost-top or curb lantern. Light fixtures should be harmonious with
the overall design of Golf View Villas and must remain intact and the original color
retained; no color light bulbs, except yellow, insect-repellant bulbs and decorative multi-
colored light bulbs displayed during the holidays, are allowed. Outdoor holiday lighting
must be UL approved for outdoor use and may be displayed no more than 30 days prior
to the holiday and must be removed within 30 days after the holiday. Maintenance and
removal of holiday outdoor lighting is the sole responsibility of the Lot Owner.
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7. Other Structures. No poles, other than apost-top light fixture and one
flagstaff, shall be permitted. Each residence may contain one radio antenna and/or one
satellite dish, upon approval by the Architectural Control Committee. No fences or
swimming pools shall be permitted on any Lot. No sign of any kind shall be displayed
for public view on any Lot, except for signs displayed by the contractor to advertise the
property during the construction and sales periods and each Lot Owner may display one
sign of not more than five square feet advertising the property for sale or rent. No trailer,
basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any
time as a residence, either temporarily or permanently; no trailer shall be parked or
permitted to remain on any Lot or at any residence for longer than two days, even though
not used as a residence.
8. Other Restrictions and Rules. Other restrictions and rules governing the
uses, construction and appearance of the PUD appear in the above-described Covenants,
Rules and Restrictions Governing Use.
9. Easements. The Plat sets out a 10-foot utility easement along the front and
the back of each Lot and a 5-foot utility easement along the side of each Lot, except for
that side of any Lot which contains a dwelling that has a common wall with an adjoining
dwelling on its adjacent Lot. A Utility Easement Grant, dated September 21, 2007 and
recorded September 24, 2007 as Document No. 0715439 in the Office of the Recorder of
Fulton County, provides an easement along the north 15 feet of even width of Lots 1
through 24 of Golf View Villas -Section One for public and private utilities. The
easements are reserved for the use of public and private utilities to install, lay, construct,
renew, operate and maintain gas lines, conduits, cables, poles and wires, either overhead
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or underground, with all necessary braces, guys, anchors and other appliances for the
purpose of serving the PUD and adjoining property with water, gas, electric, telephone,
cable telephone and other utility services. These easements are also reserved for drainage
use or a sewage disposal system. No permanent buildings or trees may be placed on any
of the easements, but shrubs and other landscaping may be placed on the easements as
long as they do not interfere with the use of the easements by the public or private
utilities. All utility services to the dwellings shall be underground.
10. Utilities. The Canton Country Club Real Estate, LLC has agreed to
convey to the City of Canton, in exchange for the City's agreeing to provide water and
sewer hook-ups to Lots 1 through 24 of Golf View Villas -Section One, all of Canton
Country Club Real Estate, LLC's right, title and interest, in fee simple title, to
approximately 2.747 acres that comprises Cypress Road between Fourth Avenue and
Illinois State Route 78, which will provide a total roadway width of 56 feet near Fourth
Avenue, increasing to 66 feet at Illinois State Route 78. Owning fee simple title to the
entire roadway will be beneficial to the City of Canton. The proposed method of
providing water and sewer services to Lots 1 through 24 of Golf View Villas -Section
One, as well as the initially-estimated costs associated with providing the necessary
hook-ups for water and sewer services, and the proposed method of providing water and
sewer services to Lots 25 through 34 of what will be proposed as Golf View Villas -
Section Two, as well as the initially-estimated costs associated with providing the
necessary hook-ups for water and sewer services, are attached collectively as Exhibit E.
The anticipated costs to the City of Canton for providing the necessary hook-ups for
water and sewer services for Lots 1 through 24 of Golf View Villas -Section One, at the
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City's expense, are delineated on the attached Exhibit F. As a part of Canton Country
Club Real Estate, LLC's agreement to convey the approximate 2.747-acre roadway, the
City shall provide the necessary hook-ups for water and sewer services for Lots 1 through
24 of Golf View Villas -Section One. The City has made no commitment or
representations with regard to providing the necessary water and sewer services for the
proposed Golf View Villas -Section Two, Lots 25 through 35, or for providing curbs or
gutters for the Lots of Golf View Villas along Cypress Road if it later determines that
curbs and gutters are necessary.
11. Water Drainage. Maurer Stutz, Inc. has determined existing ground
elevations for Golf View Villas and has determined that the general direction of storm
water flow is from the northeast to the southwest. The Architectural Control Committee,
with the assistance of their Engineer, the City of Canton and the Lot Owner, if and when
necessary, shall ensure that storm water drainage will be re-routed so as not to disturb the
natural flow of storm water. Natural drainage ways, such as that across Lot 12 may need
to be re-routed between Lots 12 and 13 to maintain that storm water flow so as to
accommodate the development of Lot 12.
12. Public Benefit of the PUD. Golf View Villas will be beneficial to the
aesthetics, the physical and financial growth and the future development of the City of
Canton. Not only will the PUD provide to all who enter the City of Canton from the
north an aesthetically consistent, well-maintained residential appearance, set within the
beautiful golf course grounds, but it will also create attractive homes for the City's
population to grow. Golf View Villas will increase the tax base of Fulton County in
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general and the City of Canton, its schools, parks and township specifically, providing
additional expected tax revenues as detailed on the attached Exhibit G.
13. General Provisions. This Implementation Plan for Golf View Villas is
being submitted to the City of Canton for its approval in an expedited manner, so that
those persons who are immediately ready to purchase Lots and begin construction will be
able to do so. Canton Country Club Real Estate, LLC reserves, for itself and for the City
of Canton, the right to amend this Implementation Plan at any time, upon approval by the
City Council of any proposed amendments.
Dated: November 28, 2007
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CANTON COUNTRY CLUB
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Wilbur Meadows /~Z