HomeMy WebLinkAboutOrdinance # 1856ORDINANCE NO.1S56
AN ORDINANCE RE-ZONING REAL ESTATE FROM AG-1 AGRICULTURE
TO B-2, GENERAL COMMERCIAL DISTRICT (WAL-MART STORES, INC.).
WHEREAS, an Application for Re-zoning was filed with the City Clerk of the
City of Canton by Wal-Mart Stores Inc., a Delaware corporation ("Petitioner"), having a
contractual interest (which may become a freehold interest) in certain real estate legally
described hereinafter (the "Property"); said Property being located within the corporate
limits of the City of Canton; and
WHEREAS, the present zoning of said Property is Ag-l, Agriculture and it is
the request of Petitioner that the zoning of said Property be changed from Ag-1,
Agriculture to B-2, General Commercial; and
WHEREAS, a public hearing was held by the Planning and Zoning Commission
of the City of Canton (the "Commission") on January 9, 2006 pursuant to legal notice of
same having been published in the Canton Daily Ledger on December 23, 2005 with no
objections being heard or written protests having been filed with the City Clerk or
Petitioner; and
WHEREAS, the Planning and Zoning Commission of the City of Canton, by
unanimous vote, has approved all findings of fact supporting the rezoning requested by
Petitioner and recommended to the City Council of the City of Canton that the Property
be re-zoned from Ag-1, Agriculture to B-2, General Commercial, pursuant to the statutes
and ordinances made and provided; and
WHEREAS, it is in the best interest of the City of Canton that the Property be
re-zoned from Ag-l, Agriculture to B-2, General Commercial, as requested by Petitioner.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
CANTON, ILLINOIS AS FOLLOWS:
1. That the City Council hereby finds as fact the matters set forth herein above
and hereby approves and incorporates by reference all findings of fact
approved by the Commission supporting the re-zoning requested by
Petitioner.
2. That the Property described as follows be and the same is hereby re-zoned to
B-2, General Commercial, authorizing Petitioner to use the Property as a Wal-
Mart retail store consisting of a twenty-four (24) hour Wal-Mart Supercenter
retail department store with the retail sale of groceries, a pharmacy with a
drive-in facility, tire and Tube facilities, an automobile service station, an
outdoor garden center with seasonal display and sales, outdoor and trailer
storage and two (2) freestanding on-premises pylon signs.
PART OF THE NORTHEAST QUARTER OF SECTION 15 IN TOWNSHIP 7
NORTH, RANGE 4 EAST OF THE FOURTH PRINCIPAL MERIDIAN IN
FULTON COUNTY, ILLINOIS. SAID PART BEING FURTHER DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF WAL-MART'S
SUBDIVISION, AS RECORDED AS DOCUMENT NO. 91-45207 ON
DECEMBER 30, 1991, RECORDED IN VOLUME SLIDE, PAGE 258;
THENCE NORTH 89 DEGREES 19 NIlNUTES 48 SECONDS EAST ALONG
THE SOUTH RIGHT OF WAY LINE OF BUCKEYE STREET. A DISTANCE
OF 975.12 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF
NORTH FOURTH AVENUE; THENCE SOUTH 00 DEGREES 39 MINUTES
43 SECONDS WEST ALONG THE SAID WEST RIGHT OF WAY LINE A
DISTANCE OF 1302.62 FEET TO A POINT ON THE NORTH RIGHT OF
WAY LINE OF CYPRESS STREET, ALSO BEING THE SOUTH LINE OF
THE SAID NORTHEAST QUARTER OF SECTION 15; THENCE SOUTH 89
DEGREES 20 MINUTES 10 SECONDS WEST ALONG THE SAID NORTH
RIGHT OF WAY LINE AND THE SOUTH LINE OF THE NORTHEAST
QUARTER OF SECTION 15 A DISTANCE OF 1272.74 FEET; THENCE
NORTH 00 DEGREES 34 MINUTES 41 SECONDS EAST A DISTANCE OF
624.85 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 1; THENCE
NORTH 89 DEGREES 23 MINUTES 11 SECONDS EAST ALONG THE SAID
SOUTH LINE OF LOT 1 A DISTANCE OF 299.74 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 00 DEGREES 33
MINUTES 32 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 1; A
DISTANCE OF 677.89 FEET TO THE POINT OF BEGINNING CONTAINING
33.415 ACRES MORE OR LESS.
3. That the Zoning Administrator of the City of Canton is directed to make the
necessary changes to the zoning maps to properly reflect this re-zoning.
4. That Petitioner may record with the Fulton County Clerk, ex officio Recorder
of Deeds, a certified copy of this ordinance.
5. 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, Fulton County, Illinois at a regular
meeting of said council this /th day of February, 2006 upon a roll call vote as
follows:
AYES: Al-dermen Hartford, Berardi, Sarff, West, Carl, Meade, xeed,
Scher~k.
NAYS: None.
ABSENT: None
ATTEST: y~ C~'l ~ , ~~~ , ~
Nancy Whit , ,City Clerk
APPROVED:
Rodney W. Heinze, Mayor