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 to APPROVE a RESOLUTION Approving an ANNEXATION AGREEMENT Including a Subdivision Plat for Property Generally Located East of N Knoxville Avenue, West of Old Galena Road, North of E Boy Scout Road, and South of Cedar Hills Drive, Identified as PARCEL IDENTIFICATION NOS. 09-16-400-001 and 09-16-300-004, Peoria County, IL. (Requires 2/3 Vote of Corporate Authorities - 8 Votes)
Body
BACKGROUND: The City of Peoria has a 1.5 mile extraterritorial jurisdictional area from its city limits with the authority to regulate development.
Per Section 2.13.17.E of the Unified Development Code, any divisions of land in the 1.5-mile extraterritorial area resulting in lots less than 40 acres in size must be connected to a public sanitary sewer system. If such lots (less than 40 acres in size) are not connected to a public sanitary sewer system, then an annexation agreement for the subject property must be approved.
Petitioner Chad Herman of Fenceline Properties, LLC is requesting to annex two parcels totaling 90.16 acres which are located within the 1.5 mile extraterritorial area and not currently contiguous to the City of Peoria. Mr. Herman wants to subdivide the land into four (4) lots, ranging from 10.7 acres to 33 acres in size, without connection to the public sanitary sewer, therefore an annexation agreement is required.
The proposed terms of the agreement are:
1) Rezone (upon annexation) property to Class A-1 (Agricultural) District.
2) Subdivide into 4 lots - subdivision plat reviewed through the administrative process. Any further division of the lots will require connection to public sanitary sewer.
3) Allow for single family residential development on each of the four lots without connection to public sanitary sewer.
4) Allow for existing uses to remain which is primarily agricultural/forestry.
The property is currently not contiguous to the City of Peoria corporate boundary. Therefore, annexation will not occur at this time but upon a future time if contiguity is established. Such contiguity must be established within the 20-year term of the annexation agreement. If contiguity is not established within 20 years, the property will not be annexed to the City of Peoria and the annexation agreement will expire.
The Planning & Zoning Commission found that the request met the Findings of Fact and voted 4 to 1 to approve. See the attached Planning & Zoning Commission case packet and meeting minutes for additional detailed information.
FINANCIAL IMPACT: No financial impact to the City until such time that the property is annexed which will then require the City to provide services.
NEIGHBORHOOD CONCERNS (at the Planning & Zoning Commission Meeting): Peoria County residents expressed opposition to the annexation agreement citing concern as a land grab, proximity to a floodplain, safety, and housing development without sewer.
IMPACT IF APPROVED: An annexation agreement will be in place with terms for rezoning and subdivision into four lots without connection to public sanitary sewer. Any further subdivision of the land will require connection to a public sanitary sewer system.
IMPACT IF DENIED: The property cannot be subdivided. In addition, an agreement for future annexation will not be in place should property become contiguous to the City of Peoria boundary.
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