City of Bloomington, IL Article II Annexation Requirements and Procedure

§ 8.5-201 [Ch. 8.5, Sec. 201] All annexations by agreement.

[Ord. No. 1981-102]

Except as herein provided, all property annexed to the City of Bloomington on or after August 9, 1976 shall be annexed pursuant to an Annexation Agreement which meets the requirements of this chapter.

§ 8.5-202 [Ch. 8.5, Sec. 202] Contents of agreement.

A. Each Annexation Agreement shall contain (if the property to be annexed to the City is not a part of all of the other units of local government) a provision stating either:

(1) That petitions for annexation will be filed with such other units of local government and diligently pursued to a final decision; or

(2) Petitions will be filed to annex such property to such other units of local government and diligently pursued to a final decision within 90 days of the date of notification by such other units of local government that such property meets the statutory qualifications for annexation to such other units of local government.

[Ord. No. 1976-102]

B. Annexation agreements may contain any other provision not prohibited by law.

[Ord. No. 1976-102]

§ 8.5-203 [Ch. 8.5, Sec. 203] Procedure.

A. Filing. All annexation agreements must be filed with the City Clerk in sufficient time to be included on the agenda of the Council Meeting at which it will be first considered. Each annexation agreement shall be accompanied by a filing fee as set forth in the Schedule of Fees which shall be nonrefundable unless said agreement is withdrawn prior to the time any notices are published or staff meetings held thereon. In addition to the filing fee cited herein, the applicant shall be responsible for paying the City for the cost of publishing the public notice of the public hearing on any annexation agreement filed with the City by such applicant. The applicant shall pay such cost to the City Clerk prior to the public hearing on such application. Failure to pay such cost prior to the public hearing shall result in the cancellations of such hearing. In addition, an Annexation fee must be paid as set forth in the Schedule of Fees.

[Ord. No. 2018-89]

B. Notices. Notices required to be given by Section 7-1-1 of the Municipal Code[1] shall be given not less than 10 days prior to the City Council Meeting at which such agreement is first considered. No annexation agreement will be considered by the City Council unless such notice is given.

[Ord. No. 1976-102]

[1] Editor's Note: See 65 ILCS 5/7-1-1.

C. First meeting. The City Clerk shall schedule the first meetings that such agreement will be considered by the Bloomington Planning Commission and the City Council as soon as possible after receipt of such agreement unless such agreement is withdrawn or found by the City Corporation Counsel to be legally deficient.

[Ord. No. 1991-111]

D. Hearings. Both the Planning Commission and City Council shall conduct public hearings on the agreement. The Planning Commission shall make its recommendation to the City Council after conducting its hearing. The Planning Commission shall consider the amendment to the Official Zoning Map for the City of Bloomington, McLean County and shall recommend the adoption of such amendment unless the Commission finds that such amendment is not in the public interest or is solely for the benefit of the person requesting such amendment. In making such a finding the Planning Commission may consider:

(1) The suitability of the subject property for uses authorized by the existing zoning;

(2) The length of time the property has remained vacant as zoned considered in the context of land development in the area;

(3) The suitability of the subject property for uses authorized by the proposed zoning;

(4) The existing land uses of nearby property;

(5) Existing zoning of nearby property, relative gain or hardship to the public as contrasted and compared to the hardship or gain of the individual property owner resulting from the approval or denial of the zoning amendment application;

(6) The extent to which adequate streets connected to the arterial street system are available or can be reasonably supplied to serve the uses permitted in the proposed zoning classification;

(7) The extent to which the proposed amendment is consistent with the need to minimize flood damage and whether the development of the subject property for uses permitted in the proposed zoning classification would have a substantial detrimental effect on the drainage patterns in the area;

(8) The extent to which adequate services (including but not limited to fire and police protection, schools, water supply and sewage disposal facilities) are available or can be supplied to serve the uses permitted in the proposed zoning classification; and

(9) The extent to which the proposed amendment is consistent with the public interest, giving due consideration for the purpose and intent of Chapter 44, Article I, of the Bloomington City Code - 1960, including the following specific purposes:

(a) To conserve and protect the taxable value of land and structures;

(b) To protect the air, water and land resources within the City from the hazards of pollution and misuse;

(c) To protect land and structures from natural hazards; including flooding and erosion;

(d) To preserve and protect historic locations, structures and groups of structures;

(e) To preserve and protect and encourage the development of structures, groups of structures and neighborhoods of distinctive architectural character and appearance;

(f) To provide for the orderly and functional arrangement of land uses and structures;

(g) To establish standards for the orderly development or redevelopment of geographic areas within the City;

(h) To secure for the public locations for housing, employment, shopping, education and recreation that are adequate in terms of health, safety, convenience and number;

(i) To facilitate the adequate provision of transportation, water, sewage disposal, schools, parks and other public facilities; to conserve and protect natural resources including prime agricultural land, mineral resources and areas of scientific interest;

(j) To conserve and protect natural resources including prime agricultural land, mineral resources and areas of scientific interest;

(k) To permit public involvement in the planning of private land uses which have the potential for significant impact on the use and enjoyment of surrounding property or on the public resources and facilities of the City of Bloomington; and

(l) To promote the Official Comprehensive Plan adopted by the City of Bloomington.

E. The City Council, after conducting a public hearing, shall approve or reject the Agreement on the basis of:

(1) The facts presented at the public hearings; and

(2) The recommendations of the Planning Commission; and

(3) The recommendations of the City Staff.

[Ord. No. 1991-111]

F. Final action. The City Council may approve the agreement as written or with modifications, or reject it. If modifications are a condition of the approval of the agreement, such modifications need not be made at that time. Approval shall be by resolution authorizing the Mayor and City Clerk to execute the agreement on behalf of the City. Execution of the agreement may occur at any time after required modifications are made; such agreement as modified shall be printed in the Minutes of the first Council Meeting following execution.

§ 8.5-204 [Ch. 8.5, Sec. 204] Material to be furnished to Clerk for annexation.

A. Persons desiring to annex property to the City of Bloomington shall furnish to the City Clerk the following:

(1) Completed petition for annexation, including legal description of the property to be annexed;

(2) Ordinance annexing the property to the City of Bloomington, including legal description;

(3) Ordinance zoning property upon annexation to the City of Bloomington, including legal description;

(4) Mylar and 31 copies of annexation plat;

(5) Affidavit of notice to any fire protection district and, if applicable, to any Township Highway Commissioner and Board of Trustees of the township from any of which the property is proposed to be disconnected as required in Ill. Rev. Stat. Ch. 24, Sec. 7-1-1[1];

[1] Editor's Note: See 65 ILCS 5/7-1-1.

(6) The real estate index number of the property, area thereof, most recent equalized assessed valuation of the property to be annexed and the last year's real property tax levied by the rural township on the property, both for corporate purposes and for road and bridge tax.

B. No Annexation Ordinance will be acted upon by the City Council unless such information is furnished by the Petitioner.

[Ord. No. 1988-82]

§ 8.5-205 [Ch. 8.5, Sec. 205] Fees to be paid as a condition of annexation to the City.

A. As a condition of annexing property into the corporate limits of the City of Bloomington, property which is the subject of annexation agreements entered into after the effective date of this ordinance shall be subject to the fees as set forth in the Schedule of Fees.

B. The fees constitute the City's estimation of services rendered by the City of Bloomington for newly annexed property. The fees are calculated on a per lot basis for R-1A, R-1B, R-1C, R-1H and R-2 lots and on a square foot basis for R-3A, R-3B, R-4 and C-1, C-2, C-3, B-1, B-2, B-3, M-1, M-2 and W-1 lots. Parcels submitted as Planned Unit Developments shall also be calculated on a square foot basis. Lots zoned for S-1 (University District), S-2 (Public Lands and Institutions District) and S-5 (Airport District) shall not be subject to the annexation fees established in this section, unless property in the S-2 or S-5 District is sold or leased by the owner, in which case annexation fees shall be paid on a square footage basis at the time of the execution of such sale or lease.

C. In calculating the area subject to annexation fees, areas to be used for required landscaping or retention/detention basins shall not be used in such calculation.

[Ord. No. 2018-89]