Common use of Issues and Discussion Clause in Contracts

Issues and Discussion. The proposed annexation agreement outlines the basic provisions for annexing into the City of Urbana. (See Exhibit C) There are no special incentives offered on behalf of the City to the owner in order to annex. The following is a summary and discussion of specific provisions that are provided for in the proposed annexation agreement: ⮚ Zoning Classification: The subject property is zoned R-3, Two Family Residence in unincorporated Champaign County. The agreement would provide for the direct conversion to the City’s R-3, Single and Two-Family Residential Zoning District upon annexation. The subject property is surrounded by residential uses to the north, south, east and west. The future land use of the subject property is designated as “Residential” in the 2005 Urbana Comprehensive Plan. The proposed R-3 Zoning District would be consistent with the current use of the property, the current use of surrounding properties, and the future land use designation of the subject property in the Comprehensive Plan. In Champaign County, mobile homes are permitted in the R-3 Zoning District per the Champaign County Zoning Ordinance. The subject property is zoned Champaign County R-3 and therefore, the replacement of the existing mobile home with another mobile home would be permitted by right. In Urbana, however, mobile homes are only permitted in the AG, Agriculture Zoning District in a mobile home park by a special use permit per Table V-1 of the Urbana Zoning Ordinance. If the subject property were in the City of Urbana at this time, replacement of the mobile home would not be permitted because it is not part of a mobile home park. Since the subject property is currently in the County, and it is uncertain as to when the property would be annexed, provisions have been included in the annexation agreement to allow for the replacement of the existing mobile home with a newer, larger mobile home. This will allow the property owner to upgrade the dwelling unit on the property to a larger and more modern unit similar to if a stick-built home were to be remodeled. So that the property is brought into compliance with the Urbana Zoning Ordinance after annexation, the annexation agreement further stipulates that within one year of annexation the owner agrees to cease use of the mobile home and remove it from the property. The property could then be developed in conformance with the Urbana Zoning Ordinance. ⮚ Development Regulations: There are no special provisions requested at the City level. The proposed replacement of the existing mobile home as well as any future construction would be required to meet the development regulations of the Urbana Zoning Ordinance. The petitioner is proposing to locate the replacement mobile home in the same general location as the existing mobile home. The proposed development will meet the required setbacks, building height, maximum floor area, and minimum open space ratio of the Urbana Zoning Ordinance for the R-3 Zoning District. The lot does not, however, meet the required minimum lot size and minimum lot width for the R-3 Zoning District, which are 6,000 square feet and 60 feet respectively. The subject lot is 47 feet in width and is 4,971 square feet in area. Once annexed, the lot would be considered legally nonconforming per Article X of the Urbana Zoning Ordinance. The annexation agreement acknowledges this fact. Since the property is currently located in Champaign County, the proposal is also being reviewed for compliance with the Champaign County Zoning Ordinance. Per County Planning and Zoning staff, a variance is needed for encroachment into the required front and rear yards and for exceeding the maximum lot coverage. The property owner has applied for the required variances. The variance requests are anticipated to be heard by the Champaign County Zoning Board of Appeals (CCZBA) on April 15, 2010. Staff will report the findings of the CCZBA before final action is taken by the City Council.

Issues and Discussion. The proposed annexation agreement outlines the basic provisions for annexing into the City of Urbana. (See Exhibit CB) There are no special incentives offered on behalf of the City to the owner petitioner in order to annex. The following is proposed single-family home and all other future new development, construction or additions would need to be in conformance with the Urbana Zoning Ordinance and all City of Urbana building, electrical, fire and plumbing codes, orders or regulations in effect at the time of annexation. As part of the annexation agreement, the petitioner agrees to dedicate additional right-of way along East Xxxxxxx Road of approximately three feet to Urbana Township. Thirty feet of right- of-way already exists. The additional three feet will provide for a summary total of 33 feet, as required by the Urbana Subdivision and discussion Land Development Code. The right-of-way will be dedicated via the petitioner signing, concurrently with the execution of specific provisions that are provided for in the proposed annexation agreement: ⮚ Zoning Classification: , a right-of-way dedication document prepared by the City of Urbana. (See Exhibit C) The subject property is zoned R-3, Two Family Residence in unincorporated Champaign County. The agreement would provide for the direct conversion to the City’s R-3, Single and Two-Two- Family Residential Zoning District upon annexation. The subject property is surrounded by residential uses to the north, south, east and west. The property across East Xxxxxxx Road and north of the subject property is commercial in nature. The future land use of the subject property is designated as “Residential” in the 2005 Urbana Comprehensive Plan. The proposed R-3 Zoning District would be consistent with the current proposed use of the property, the current use of surrounding propertiesproperties to the south, east and west, and the future land use designation of the subject property in the Comprehensive Plan. In Champaign County, mobile homes are permitted in the R-3 Zoning District per the Champaign County Zoning Ordinance. The subject property is zoned Champaign County R-3 and therefore, the replacement of the existing mobile home with another mobile home would be permitted by right. In Urbana, however, mobile homes are only permitted in the AG, Agriculture Zoning District in a mobile home park by a special use permit per Table V-1 of the Urbana Zoning Ordinance. If the subject property were in the City of Urbana at this time, replacement of the mobile home would not be permitted because it is not part of a mobile home park. Since the subject property is currently in the County, and it is uncertain as to when the property would be annexed, provisions have been included in the annexation agreement to allow for the replacement of the existing mobile home with a newer, larger mobile home. This will allow the property owner to upgrade the dwelling unit on the property to a larger and more modern unit similar to if a stick-built home were to be remodeled. So that the property is brought into compliance with the Urbana Zoning Ordinance after annexation, the annexation agreement further stipulates that within one year of annexation the owner agrees to cease use of the mobile home and remove it from the property. The property could then be developed in conformance with the Urbana Zoning Ordinance. ⮚ Development Regulations: There are no special provisions requested at the City level. The proposed replacement of the existing mobile home as well as any future construction would be required to meet the development regulations of the Urbana Zoning Ordinance. The petitioner is proposing to locate the replacement mobile home in the same general location as the existing mobile home. The proposed development will meet the required setbacks, building height, maximum floor area, and minimum open space ratio of the Urbana Zoning Ordinance for the R-3 Zoning District. The lot does not, however, meet the required minimum lot size and minimum lot width for the R-3 Zoning District, which are 6,000 square feet and 60 feet respectively. The subject lot is 47 feet in width and is 4,971 square feet in area. Once annexed, the lot would be considered legally nonconforming per Article X of the Urbana Zoning Ordinance. The annexation agreement acknowledges this fact. Since the property is currently located in Champaign County, the proposal is also being reviewed for compliance with the Champaign County Zoning Ordinance. Per County Planning and Zoning staff, a variance is needed for encroachment into the required front and rear yards and for exceeding the maximum lot coverage. The property owner has applied for the required variances. The variance requests are anticipated to be heard by the Champaign County Zoning Board of Appeals (CCZBA) on April 15, 2010. Staff will report the findings of the CCZBA before final action is taken by the City Council.

Issues and Discussion. The proposed annexation agreement outlines the basic provisions for annexing into the City of Urbana. (See Exhibit C) There are no special incentives offered on behalf of the City to the owner in order to annex. The following is a summary and discussion of specific provisions that are provided for in the proposed annexation agreement: ⮚ ➢ Zoning Classification: The subject property is zoned R-3, Two Family Residence in unincorporated Champaign County. The agreement would provide for the direct conversion to the City’s R-3, Single and Two-Family Residential Zoning District upon annexation. The subject property is surrounded by residential uses to the north, south, east and west. The future land use of the subject property is designated as “Residential” in the 2005 Urbana Comprehensive Plan. The proposed R-3 Zoning District would be consistent with the current use of the property, the current use of surrounding properties, and the future land use designation of the subject property in the Comprehensive Plan. In Champaign County, mobile homes are permitted in the R-3 Zoning District per the Champaign County Zoning Ordinance. The subject property is zoned Champaign County R-3 and therefore, the replacement of the existing mobile home with another mobile home would be permitted by right. In Urbana, however, mobile homes are only permitted in the AG, Agriculture Zoning District in a mobile home park by a special use permit per Table V-1 of the Urbana Zoning Ordinance. If the subject property were in the City of Urbana at this time, replacement of the mobile home would not be permitted because it is not part of a mobile home park. Since the subject property is currently in the County, and it is uncertain as to when the property would be annexed, provisions have been included in the annexation agreement to allow for the replacement of the existing mobile home with a newer, larger mobile home. This will allow the property owner to upgrade the dwelling unit on the property to a larger and more modern unit similar to if a stick-built home were to be remodeled. So that the property is brought into compliance with the Urbana Zoning Ordinance after annexation, the annexation agreement further stipulates that within one year of annexation the owner agrees to cease use of the mobile home and remove it from the property. The property could then be developed in conformance with the Urbana Zoning Ordinance. ⮚ ➢ Development Regulations: There are no special provisions requested at the City level. The proposed replacement of the existing mobile home as well as any future construction would be required to meet the development regulations of the Urbana Zoning Ordinance. The petitioner is proposing to locate the replacement mobile home in the same general location as the existing mobile home. The proposed development will meet the required setbacks, building height, maximum floor area, and minimum open space ratio of the Urbana Zoning Ordinance for the R-3 Zoning District. The lot does not, however, meet the required minimum lot size and minimum lot width for the R-3 Zoning District, which are 6,000 square feet and 60 feet respectively. The subject lot is 47 feet in width and is 4,971 square feet in area. Once annexed, the lot would be considered legally nonconforming per Article X of the Urbana Zoning Ordinance. The annexation agreement acknowledges this fact. Since the property is currently located in Champaign County, the proposal is also being reviewed for compliance with the Champaign County Zoning Ordinance. Per County Planning and Zoning staff, a variance is needed for encroachment into the required front and rear yards and for exceeding the maximum lot coverage. The property owner has applied for the required variances. The variance requests are anticipated to be heard by the Champaign County Zoning Board of Appeals (CCZBA) on April 15, 2010. Staff will report the findings of the CCZBA before final action is taken by the City Council.

Issues and Discussion. The proposed annexation agreement outlines the basic provisions for annexing into the City of Urbana. (See Exhibit C) There are no special incentives offered on behalf of the City to the owner in order to annex. The following is a summary and discussion of specific provisions that are provided for in the proposed annexation agreement: ⮚ ➢ Zoning Classification: The subject property is zoned R-3, Two Family Residence in unincorporated Champaign County. The agreement would provide for the direct conversion to the City’s R-3, Single and Two-Family Residential Zoning District upon annexation. The subject property is surrounded by residential uses to the north, south, east and west. The future land use of the subject property is designated as “Residential” in the 2005 Urbana Comprehensive Plan. The proposed R-3 Zoning District would be consistent with the current use of the property, the current use of surrounding properties, and the future land use designation of the subject property in the Comprehensive Plan. In Champaign County, mobile homes are permitted in the R-3 Zoning District per the Champaign County Zoning Ordinance. The subject property is zoned Champaign County R-3 and therefore, the replacement of the existing mobile home with another mobile home would be permitted by right. In Urbana, however, mobile homes are only permitted in the AG, Agriculture Zoning District in a mobile home park by a special use permit per Table V-1 of the Urbana Zoning Ordinance. If the subject property were in the City of Urbana at this time, replacement of the older mobile home would not be permitted because it is not part of a mobile home park. Since the subject property is currently in the County, and it is uncertain as to when the property would be annexed, provisions have been included in the annexation agreement to that allow for the replacement of the existing older mobile home with a newer, larger newer mobile home. This will allow allows the property owner to upgrade from the former dwelling unit on the property to a larger and more modern newer unit in better condition, similar to if a stick-built home were to be remodeled. So that the property is brought into compliance with the Urbana Zoning Ordinance after annexation, the annexation agreement further stipulates that within one year of annexation the owner agrees to cease use of the mobile home and remove it from the property. The property could then be developed in conformance with the Urbana Zoning Ordinance. ⮚ ➢ Development Regulations: There are no special provisions requested at the City level. The proposed replacement of the existing former mobile home as well as any future construction would be required to meet the development regulations of the Urbana Zoning Ordinance. The petitioner is proposing to locate located the replacement mobile home in the same general location as the existing former mobile home. The proposed development will meet the required setbacks, building height, maximum floor area, and minimum open space ratio of the Urbana Zoning Ordinance for the R-3 Zoning District. The lot does not, however, meet also meets the required minimum lot size and minimum lot width for the R-3 Zoning District, which are 6,000 square feet and 60 feet respectively. The subject lot is 47 66 feet in width and is 4,971 20.130 square feet in area. Once annexed, the lot would be considered legally nonconforming per Article X of the Urbana Zoning Ordinance. The annexation agreement acknowledges this fact. Since the property is currently located in Champaign County, the proposal is also being reviewed for compliance with the Champaign County Zoning Ordinance. Per County Planning and Zoning staff, a variance is needed for encroachment into the required front and rear yards and for exceeding the maximum lot coverage. The property owner has applied for the required variances. The variance requests are anticipated to be heard by the Champaign County Zoning Board of Appeals (CCZBA) on April 15, 2010. Staff will report the findings of the CCZBA before final action is taken by the City Council.