Legislation Details

File #: 23-246    Version: 1 Name:
Type: Agreement Status: Approved
File created: 6/1/2023 In control: City Council
On agenda: 6/27/2023 Final action: 6/27/2023
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 the Property Located at 1602 E. BOY SCOUT ROAD, Sometimes Also Known and Referred to as 918 E. BOY SCOUT ROAD (Parcel Identification No. 09-22-200-015), Chillicothe, Illinois. (Requires 2/3 Vote of Corporate Authorities - 8 Votes)
Attachments: 1. Resolution for PZ 1335-2023, 2. Preannexation Agreement RCH (clean) 5-26-2023, 3. Exhibit A to Annexation Agmt Plat, 4. Case Packet for PZ 1335-2022, 5. Mtg Minutes for PZ 1335-2023, 6. 6-19-23 Preannexation Agreement RCH (redline), 7. 6-19-23 Preannexation Agreement RCH (clean)

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 the Property Located at 1602 E. BOY SCOUT ROAD, Sometimes Also Known and Referred to as 918 E. BOY SCOUT ROAD (Parcel Identification No. 09-22-200-015), Chillicothe, Illinois. (Requires 2/3 Vote of Corporate Authorities - 8 Votes)

 

Body

BACKGROUND:  Petitioner Bob Hall of Miller, Hall & Triggs, LLC on behalf of William Nunn and Sharon Nunn, is requesting to annex a 49.07 acre parcel located outside of current city limits but within Peoria’s 1.5 mile extraterritorial area.   The annexation agreement is required since the petitioner is proposing to subdivide the land resulting in a lot that is less than 40 acres in size without connection to the public sanitary sewer.  This parcel is not currently contiguous to the City of Peoria.

 

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.

 

The proposed terms of the agreement generally are:

1) Zoning and Subdivision Ordinances of Peoria County shall apply until annexed

2) Upon annexation the property shall be zoned I-3 (General Industrial) District

3) Existing uses of residential and farmland may continue as permitted uses

4) Property to be served by existing private water and sewer services

 

The proposed subdivision of the property separates a 1.5 acre lot, encompassing the existing house and accessory buildings, from the remaining 47.5 acres of crop land.

 

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 voted 5 to 0 to approve. See the attached Planning & Zoning Commission case packet and meeting minutes for additional detailed information.

 

Note: A revised agreement (redlined and clean versions) has been attached that includes language in paragraphs 2.A and 4 clarifying that only the City of Peoria subdivision regulations apply.  This revision eliminates duplication of regulations with Peoria County and does not change any other terms of the annexation agreement.

 

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):  None 

                     

IMPACT IF APPROVED: An annexation agreement will be in place with terms for rezoning and subdivision for 1.5 acre lot 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