ACTION REQUESTED:
Title
Communication from the City Manager and Corporation Counsel with a Request to ADOPT an ORDINANCE Amending the UNIFIED DEVELOPMENT CODE of the City of Peoria, to Add Language to WITHDRAW AN APPLICATION FOR A ZONING CHANGE, Before City Council Consideration.
Body
BACKGROUND:
When a zoning change for a proposed amendment or special use application is withdrawn by the applicant after it was reviewed by the Planning and Zoning Commission, but prior to the application being placed on the Council agenda, City Council would not be informed as the application that was withdrawn was processed administratively. However, if a proposed amendment or special use application was placed on the Council agenda, after it was review by the Planning and Zoning Commission, Council would have to take action to remove the item from the Council agenda at the respective meeting. Adding language to Section 2.8.9 and 2.9.12 allows for applicants to withdraw their zoning change application by written notification to the City Clerk before or after the item is placed on a Council Agenda. This will prevent City Council from having to vote on the zoning change application that is placed on the agenda if the applicant chooses not to moved forward with their application.
The additional language added to 2.8.9 and 2.9.12 of the Unified Development Code is the underlined portion of the text blocks below.
Appendix A- Unified Development Code, 2.0 Administration
2.8 - AMENDMENTS
2.8.9 Effect of Denial of a Proposed Amendment
No application for an amendment which has been denied by the City Council shall be submitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the Zoning Administrator. Applicants may withdraw their application by written notification to the City Clerk prior to consideration by City Council.
2.9 - SPECIAL USES
2.9.12 Effect of Denial of Special Use
No application for a special use which has been denied wholly or in part by the City Council, shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or if proof of change of conditions is found to be valid by the Zoning Administrator. Applicants may withdraw their application by written notification to the City Clerk prior to consideration by City Council.
FINANCIAL IMPACT: None.
NEIGHBORHOOD CONCERNS: None.
IMPACT IF APPROVED: None.
IMPACT IF DENIED:
An application for a zoning amendment or special use that is denied by City Council will not be considered for one year from denial unless there is new evidence or proof of change of condition found by the Zoning Administrator. The opportunity for an applicant to withdraw their application by written notification to the City Clerk prior to City Council consideration allows the applicant an opportunity to withdraw their application before a potential denial by City Council and a one year wait period before their application is re-considered.
ALTERNATIVES: As determined by the City Council.
EEO CERTIFICATION NUMBER: Not applicable.
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Attractive Neighborhoods with Character: Safe and Livable
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Support sustainability.
DEPARTMENT: Legal