File #: 15-167    Version: 1 Name:
Type: Resolution Status: Deferred
File created: 4/10/2015 In control: City Council
On agenda: 6/9/2015 Final action:
Title: Communication from the City Manager and Community Development Director with a Request to Concur with Either the Recommendation from the Planning & Zoning Commission to APPROVE or the Recommendation from Staff to DENY a RESOLUTION Approving An ANNEXATION PETITION and ANNEXATION AGREEMENT Including a Preliminary Plat and to Rezone Property From a Class R-3 (Single Family Residential) District to a Class A-1 (Agricultural) District for the Property Located North of Parcel Identification No. 08-35-300-030, South of Parcel Identification No. 08-35-300-032, East of Orange Prairie Road, and Along the West Side of IL Route 91, Property Identified as Part of Parcel Identification No 08-35-300-028, with an Address of 9619 N IL ROUTE 91, PEORIA, IL. (District 5)
Attachments: 1. RES NO 15-167-A 9619 N IL Route 91, 2. ORD NO 17,237 (15-167A), 3. ORD NO 17,238 (15-167B), 4. HOERR PETITION AGREEMENT260 as emailed, 5. Hoerr Annexation Map, 6. PZ 15-19 Surrounding Zoning Map, 7. CPZ Meeting Minutes for PZ 15-19
ACTION REQUESTED:  
Title
Communication from the City Manager and Community Development Director with a Request to Concur with Either the Recommendation from the Planning & Zoning Commission to APPROVE or the Recommendation from Staff to DENY a RESOLUTION Approving An ANNEXATION PETITION and ANNEXATION AGREEMENT Including a Preliminary Plat and to Rezone Property From a Class R-3 (Single Family Residential) District to a Class A-1 (Agricultural) District for the Property Located North of Parcel Identification No. 08-35-300-030, South of Parcel Identification No. 08-35-300-032, East of Orange Prairie Road, and Along the West Side of IL Route 91, Property Identified as Part of Parcel Identification No 08-35-300-028, with an Address of 9619 N IL ROUTE 91, PEORIA, IL.  (District 5)
 
Body
BACKGROUND:  
 
Proposal
The petitioner, Darlene Hoerr, owns a tract of land containing 6.69 acres which is currently developed with a single family residence situated at the west end of the parcel.  The petitioner proposes to subdivide the land into two parcels each approximately 3.3 acres in size.  The eastern parcel is proposed for annexation while the western parcel, with the residential structure, is not proposed for annexation and will remain in the County.   
 
Since the parcels are less than 40 acres in size, a waiver from the City's Subdivision Ordinance for public sanitary sewer is required. Additionally, the proposed plat creates a "flag-shaped" parcel that also requires a waiver from the Subdivision Ordinance. To address these issues, the petitioner is proposing an annexation agreement for the eastern parcel only, with the following general terms:
 
1) Upon annexation, property shall be re-zoned to A-1 Agricultural;
2) Public sanitary sewer will be required upon future non-agricultural development of the property; and,
3) Approval of the attached plat creating two parcels.
The property is contiguous to the current City boundary and will be annexed immediately upon City Council approval.
 
Analysis and Recommendation
Staff recommends DENIAL of the request due to the irregular shaped lot resulting from the proposed subdivision and the creation of a lot less than 40 acres in size without public sanitary sewer. Staff recognizes the existence of other flag-shape lots immediately to the north. These lots were created prior to the 1.5 mile jurisdictional area of the City.  However, the intent of the Subdivision Ordinance is to avoid inefficient use of land and ensure adequate public utilities.
 
FINANCIAL IMPACT:  N/A
 
NEIGHBORHOOD CONCERNS (at the Planning & Zoning Commission Meeting):  None  
      
PLANNING & ZONING COMMISSION ACTION:  The Planning & Zoning Commission found that the request met the findings of fact and VOTED 7 to 0 to APPROVE.
 
IMPACT IF APPROVED:  A 6.69 acre parcel will be subdivided into two parcels.  The eastern parcel will be annexed to the City and re-zoned to A-1 Agricultural.  The agreement to annex requires connection to public sanitary sewer upon future non-agricultural development of the parcel.
 
The western parcel will remain in the County.
 
IMPACT IF DENIED: The property will not be annexed to the City or rezoned.  The property will not be subdivided into two parcels and will remain one parcel as currently developed in the County.
 
ALTERNATIVES: N/A
 
EEO CERTIFICATION NUMBER:  N/A
 
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL'S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
 
1. Grow Peoria: Businesses, Jobs, and Population      
 
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
 
1. Grow employers and jobs.      
 
DEPARTMENT: Community Development