[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.
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]
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said agreement is withdrawn prior to the time any notices are published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.
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.
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]
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]
