File #: 19-022    Version: 1 Name:
Type: Resolution Status: Approved
File created: 12/12/2018 In control: City Council
On agenda: 1/22/2019 Final action: 1/22/2019
Title: Communication from the City Manager and Director of Community Development with a Request to Concur with the Recommendation from the Planning & Zoning Commission and Staff for the Following: A. APPROVE a RESOLUTION Approving the Consolidated Initial and Amended/Restated ANNEXATION AGREEMENT, Subject to Conditions as Recommended by the Planning & Zoning Commission, All for the Property Generally Located West of IL Route 91, North of Parcel Identification No. 08-35-300-008, East of Orange Prairie Road, and South of Parcel Identification No. 08-35-300-027; the Property is Identified as Parcel Identification Nos. 08-35-300-030 and 08-35-300-023, Located within the City of Peoria and Peoria County, IL; and B. ADOPT an ORDINANCE Annexing Property Located at 9505 N IL ROUTE 91 (Parcel Identification No. 08-35-300-023), All for the Property Generally Located West of IL Route 91, North of Parcel Identification No. 08-35-300-008, East of Orange Prairie Road, and South of Parcel Identificati...
Attachments: 1. RES NO 19-022-A 9505 N IL Route 91 Annexation, 2. ORD NO 17,650 (Item No. 19-022-B), 3. RES NO 19-022-D BHAVANI SUBDIVISION PRELIMINARY PLAT, 4. REVISED Rezoning Ordinance for PZ 18-37, 5. RESOLUTION for Annexation Agreement for PZ 18-37, 6. Consolidated Initial and Amended-Restated Annexation Agreement RCH (clean 1-15-2019), 7. Ordinance for PZ 18-37 Annex Petition, 8. Annexation Map Official for PZ 18-37, 9. Rezoning Ordinance for PZ 18-37, 10. RESOLUTION FOR Preliminary Plat PZ 18-37, 11. Revised Prelim to COP 01-16-19, 12. Agenda Packet for PZ 18-37, 13. Mtg Minutes for PZ 18-37

ACTION REQUESTED: 

Title

Communication from the City Manager and Director of Community Development with a Request to Concur with the Recommendation from the Planning & Zoning Commission and Staff for the Following: 

 

A.                     APPROVE a RESOLUTION Approving the Consolidated Initial and Amended/Restated ANNEXATION AGREEMENT, Subject to Conditions as Recommended by the Planning & Zoning Commission, All for the Property Generally Located West of IL Route 91, North of Parcel Identification No. 08-35-300-008, East of Orange Prairie Road, and South of Parcel Identification No. 08-35-300-027; the Property is Identified as Parcel Identification Nos. 08-35-300-030 and 08-35-300-023, Located within the City of Peoria and Peoria County, IL; and

 

B.                     ADOPT an ORDINANCE Annexing Property Located at 9505 N IL ROUTE 91 (Parcel Identification No. 08-35-300-023), All for the Property Generally Located West of IL Route 91, North of Parcel Identification No. 08-35-300-008, East of Orange Prairie Road, and South of Parcel Identification No. 08-35-300-027; the Property is Identified as Parcel Identification Nos. 08-35-300-030 and 08-35-300-023, Located within the City of Peoria and Peoria County, IL; and

 

 

 

C.                     ADOPT an ORDINANCE REZONING Property from a Class R-3 (Single Family Residential) District and R-6 (Multi-Family Residential) District to a Class R-6 (Multi-Family Residential) District and Class C-1 (General Commercial) District, All for the Property Generally Located West of IL Route 91, North of Parcel Identification No. 08-35-300-008, East of Orange Prairie Road, and South of Parcel Identification No. 08-35-300-027; the Property is Identified as Parcel Identification Nos. 08-35-300-030 and 08-35-300-023, Located within the City of Peoria and Peoria County, IL; and

 

D.                     APPROVE a RESOLUTION Approving the Preliminary Plat for BHAVANI SUBDIVISION.

 

Body

BACKGROUND:  In 2014, the City annexed approximately 34 acres of land commonly referred to as the Dr. J property.  The property included frontage on both IL Route 91 and Orange Prairie Road.  No development has occurred on the property.

 

Access to IL Route 91 requires approval from the IL Dept. of Transportation.  IDOT determined that the safest access point should align with the intersection of the OSF data center, located south of the Dr. J property.  An intersection at this location involves property owned by the Wiebler’s (PIN 08-35-300-023).  Dr. J and the Wiebler’s have jointly submitted an application to:

 

1)                     Amend the previously approved annexation agreement to add PIN 08-35-300-023

2)                     Annex the Wiebler property (PIN 08-35-300-023)

3)                     Rezone PIN 08-35-300-023 and a portion of PIN 08-35-300-030 to C-1 (General Commercial) with the remainder of the property to be zoned R-6 (Multi-Family Residential)

4)                     Approve the preliminary plat for Bhavani Subdivision

 

The table below compares the terms of the current annexation agreement to the proposed amended terms:

 

 

 

 

 

 

 

 

 

 

 

Current annexation agreement

Applicant requested amended terms of annexation agreement

Recommendation from Planning & Zoning Commission/Staff

Zoned Class R-6  (Multi-Family Residential)

Zoned Class R-6 (Multi-Family Residential) and C-1 (General Commercial)

Approve

Hotels/motels are a permitted use instead of a special use

Hotels/Motels, Auto dealerships (with vehicle sales & service), Car washes and Retail auto part sales are permitted uses instead of special uses.

Not approved.  Such uses should be special uses per the Unified Development Code.

Class C-1 zoning permitted uses allowed in Class R-6 zoning district

No change

Approve

Private Street

Public Street

Approve

Minimum front yard setback 10 feet from proposed street

No change

Approve

No more than 15 acres and not less than 5 acres may be developed as multi-family residential on lots 2, 3, 4, 5, and the outlot.  A minimum of 5 acres of office and/or commercial development must occur prior to or contemporaneous with any residential development.

No change

Approve

A fee, in lieu of installing a bike/walk trail on IL Route 91

Bike/walk trail installed when lots 1 & 6 are developed, or when a trail is constructed to the north and south of the subject properties

Approve

Not less than 50% of the facades of all buildings shall consist of face brick or native stone. Brick veneer, split-faced brick and pre-cast masonry shall be excluded from the 50% requirement

No change

Approve

N/A

Waiver of the storm water  utility fee until new development occurs.

No waiver of the storm water  utility fee

 

The Planning & Zoning Commission found that the request met the Findings of Fact and voted 6 to 0 to approve the annexation, rezoning and preliminary plat.  The Planning & Zoning Commission voted 5 to 1 to approve the amended annexation agreement with the following conditions:

                     

1)                     Amend Pages 7 and 8, Paragraph 4. B to delete hotels/motels, auto dealerships (with vehicle sales and service) and car washes as permitted uses for the entire subject properties.  Such uses shall be special uses per the Unified Development Code.

2)                     Delete Paragraph R as no waiver of the storm water utility fee shall be granted.

 

See the attached Planning & Zoning Commission case packet and meeting minutes for detailed information.

 

FINANCIAL IMPACT:  N/A

 

NEIGHBORHOOD CONCERNS (at the Planning & Zoning Commission Meeting):  A neighbor of the subject property expressed concern for the proximity of the proposed uses to his residence.  The petitioner explained that the proposed landscaping along the northern property line as approved with the original annexation agreement remains in the amended agreement.

                     

IMPACT IF APPROVED:  The terms of the annexation agreement for the Dr. J property will be amended to add the Wiebler property, without certain uses being permitted uses, and no waiver of the stormwater utility fee.  The Wiebler property will be annexed to the City.  A preliminary subdivision plat will be approved with Lots 1 and 6 zoned Class C-1 (General Commercial) and the remainder of the property zoned Class R-6 (Multi-Family Residential).

 

IMPACT IF DENIED:  The Wiebler property will not be annexed and the terms of the previously approved annexation agreement will remain.

 

ALTERNATIVES:  N/A

 

EEO CERTIFICATION NUMBER:  N/A

 

WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?

 

1. Grow Peoria                     

 

WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?

 

1. Grow employers and jobs.                     

 

DEPARTMENT: Community Development