ACTION REQUESTED:
Title
Communication from the City Manager and the Community Development Director with a Request to ADOPT an ORDINANCE Amending CHAPTER 5 of the CODE of the City of Peoria Pertaining to REGULATIONS FOR INACTIVE CONSTRUCTION OR DEVELOPMENT SITES.
Body
BACKGROUND: In recent years, the Community Development Department has received complaints on sites in which construction or earthwork started and was never completed. In these instances, sites are left as dirt with piles of material, and in some instances equipment, for extended amounts of time. These sites are unsightly for surrounding neighbors.
The proposed text amendment adds language to the code to allow the Community Development Department to enforce such violations.
At the First Reading of this item, several questions from the Council were raised related to the requirements to maintain property prior to, during, and after development. A response to those questions can be found below.
• Pre-Development:
o All property in Peoria must meet the standards adopted in the Property Maintenance Code (Chapter 13). This would include tall grass and weeds, litter, garbage, etc.
o This requirement applies to all properties (with the exception below), regardless of whether they have been subdivided or not.
o An exception is allowed for properties that because of dangerous topography cannot be easily maintained.
o City staff is working with the Peoria Park District to develop an ordinance amendment that would allow, in specific cases, undeveloped parcels to remain as native habitat.
o If demolition occurs as part of the pre-development phase, a demolition permit is required. The demolition site security requirements are based on the size and scope of the demolition.
• Pre-Building Permit:
o Generally, the initial step in the development process is an application for an Erosion Control Permit. This application is reviewed by the Public Works Department. If a permit is issued, the developer must follow specific guidelines on the movement of earth on the property.
o A property can remain in the pre-development state for an extended period of time. However, the requirements of the erosion control permit and the Property Maintenance Code will remain in place during this period.
• Development:
o After a building permit has been issued, the development must follow all building permit requirements, erosion control requirements, and construction site safety requirements. The specific requirements will vary based upon the type and scope the development. For example, a single-family house construction site will be treated differently than a shopping center construction site.
o The development phase is complete once a Certificate of Occupancy has been issued.
• Post-Development:
o After the development phase has been completed, the site must continue to abide by the requirements found in the Property Maintenance Code.
FINANCIAL IMPACT: N/A
NEIGHBORHOOD CONCERNS: Residents living near inactive construction sites have complained due to the unsightliness of the sites.
IMPACT IF APPROVED: The City will have the ability to enforce on properties that begin construction or development but never finish.
IMPACT IF DENIED: The Code will remain unchanged.
ALTERNATIVES: N/A
EEO CERTIFICATION NUMBER: N/A
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Beautiful Peoria
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Reinvest in neighborhoods.
DEPARTMENT: Community Development