Common use of Adjacent Territory Rezoning Clause in Contracts

Adjacent Territory Rezoning. The annexation agreement requires that within 90 days of the approval of the proposed annexation agreement, the petitioners will submit an application to rezone the portion of their property located in the City. On Thursday May 24, 2007 the Urbana Plan Commission repeated the hearing of Plan Case 2039-M-07 which proposes rezoning of the portion of the subject property in the City (the eastern half) from IN, Industrial to R-2, Single- Family Residential. This will ensure consistency with the R-2 Single Family Residential zoning recommended by the annexation agreement for the area currently outside the City limits. ▪ Accessory Structure Variance: A 3,500 square foot accessory garage, which was constructed by a previous owner, is located immediately north of the house. Section V-2 of the Urbana Zoning Ordinance states that homes larger than 1,500 square feet may have an accessory structure up to 50 percent of the home’s floor area, or 1,000 square feet, whichever is less. The petitioners’ garage is used for personal and recreational vehicle storage, as well as personal workspace. The annexation agreement has an “Article II: Representations and Obligations of the Corporate Authorities,” which contains a “Section 5: Accessory Structure Variance.” In that Section 5 the City specifically grants a Variance to allow the portion of the 3,500 square foot accessory structure located outside the corporate limits, to be in excess of the 1,000 square feet permitted by the Zoning Ordinance. The agreement states that the City’s Corporate Authorities further agree that the granting of this variance is consistent with the established criteria identified in Section XI-3 of the Urbana Zoning Ordinance. Also in the annexation agreement Article II is Section 6: “Adjacent Territory Accessory Structure Variance” in which the City specifies implicit support for approval of a Major Variance to allow that portion of the accessory structure located within the corporate limits, to be in excess of the 1,000 square feet permitted by the Zoning Ordinance. The combined variances - one granted by the Annexation Agreement and one by the separate Zoning Board of Appeals case would allow the owners to maintain the accessory structure at its current size. ▪ Minor Subdivision Plat: The petitioners will be required to replat the separate parcel in the County with the portion of land they own in the City. The plat must be consistent with the Urbana Subdivision and Land Development Code. As a Minor Plat, this subdivision will be reviewed by the City’s Administrative Review Committee.

Adjacent Territory Rezoning. The annexation agreement requires that within 90 days of the approval of the proposed annexation agreement, the petitioners will submit an application to rezone the portion of their property located in the City. On Thursday May 24, 2007 the Urbana Plan Commission repeated will repeat the hearing of Plan Case 2039-M-07 which proposes that rezoning of the portion of the subject property in the City (the eastern half) from IN, Industrial to R-2, Single- Single-Family Residential. This will ensure consistency with the R-2 Single Family Residential zoning recommended by the annexation agreement for the area currently outside the City limits. ▪ Accessory Structure Variance: A 3,500 square foot accessory garage, which was constructed by a previous owner, is located immediately north of the house. Section V-2 of the Urbana Zoning Ordinance states that homes larger than 1,500 square feet may have an accessory structure up to 50 percent of the home’s floor area, or 1,000 square feet, whichever is less. The petitioners’ garage is used for personal and recreational vehicle storage, as well as personal workspace. The annexation agreement has an “Article II: Representations and Obligations of the Corporate Authorities,” which contains a “Section 5: Accessory Structure Variance.” In that Section 5 the City specifically grants a Variance to allow the portion of the 3,500 square foot accessory structure located outside the corporate limits, to be in excess of the 1,000 square feet permitted by the Zoning Ordinance. The agreement states that the City’s Corporate Authorities further agree that the granting of this variance is consistent with the established criteria identified in Section XI-3 of the Urbana Zoning Ordinance. Also in the annexation agreement Article II is Section 6: “Adjacent Territory Accessory Structure Variance” in which the City specifies implicit support for approval of a Major Variance to allow that portion of the accessory structure located within the corporate limits, to be in excess of the 1,000 square feet permitted by the Zoning Ordinance. The combined variances - one granted by the Annexation Agreement and one by the separate Zoning Board of Appeals case would allow the owners to maintain the accessory structure at its current size. ▪ Minor Subdivision Plat: The petitioners will be required to replat the separate parcel in the County with the portion of land they own in the City. The plat must be consistent with the Urbana Subdivision and Land Development Code. As a Minor Plat, this subdivision will be reviewed by the City’s Administrative Review Committee.