Item Coversheet
CITY OF PEORIA, ARIZONA
COUNCIL COMMUNICATION
 
Agenda Item: 11C. 


Date Prepared:  12/5/2024 Council Meeting Date: 12/17/2024

TO:Mike Faust, City Manager 
THROUGH:
Mike Faust, Deputy City Manager 
FROM:  Chris M. Jacques, AICP, Planning Director 
SUBJECT:
Code Amendment, Chapter 21 (Zoning), Administration and Procedures 

Purpose:

Discussion and possible action to concur with the Planning and Zoning Commission’s recommendation and adopt ORD. 2024-19, amending Sections 21-100, 21-300, 21-400, 21-500, 21-600, 21-700 and 21-800, and establishing 21-900 within the Zoning Ordinance.

Summary:

This is a city-initiated text amendment to Sections 21-100, 21-300, 21-400, 21-500, 21-600, 21-700 and 21-800, along with establish Section 21-900 within the Zoning Ordinance in response to Senate Bill SB1162.

 

If approved, staff believes these code modifications will consolidate and clarify administrative and application procedures, along with restructuring major sections within the Zoning Ordinance for ease of use and adaptability.

 

Proposed Regulations:

The 56th Arizona state legislature passed a number of bills this session that have been signed into adoption by the Governor pertaining to municipal zoning, including Senate Bill SB1162:  Residential Zoning; Housing and Hearings. More specifically, SB1162 requires a municipality to define and implement administrative completeness deadlines within the zoning code, along with establishing a decision deadline for non-PAD/PCD cases. Currently, Peoria meets and exceeds the “shot clock” requirements in SB1162, and has chosen to memorialize current policies, practices and timeframes within the Zoning Ordinance with these updates. While SB1162 primarily focused on establishing uniform processing standards for rezoning applications, changes were made to application deadlines to ensure timely resubmittal and responses from applicants. In this regard, Peoria is taking additional steps to improve transparency and accountability within the rezoning process.

 

With this code amendment, staff is also taking this opportunity to improve the longevity and adaptability of the code, in preparation for more substantive code amendments in the future. This results in significant restructuring within the majority of the main sections within the code, such as, but not limited to significant wordsmithing to ensure uniformity with existing practices and expectations, consistency across sections in regard to wording and formatting, and elimination of redundancy and duplication. These efforts are in keeping with the adopted goals and policies within the General Plan which require staff to regularly review, maintain and/or update the city’s policies and regulatory documents for ease of use, efficiency, and effectiveness.

 

Community Involvement:

 

Public Meetings:      

  • Study Session with City Council on September 17, 2024.
  • Legislative Briefing to Planning and Zoning Commission on October 3, 2024.
  • Planning and Zoning Commission Study Session on October 17, 2024.
  • Planning and Zoning Commission on November 14, 2024.

 

Public Noticing:

The application was properly noticed pursuant to Section 21-315 of the Peoria Zoning Ordinance, which includes placing a legal ad in the Peoria Times at least 15 days prior to the Public Hearing.

 

Support / Opposition:

No opposition or support for this proposal was received.

Previous Actions/Background:

  • On October 17, 2024, a study session was held with the Planning and Zoning Commission. No members of the public spoke in support or opposition to the item.
  •  On November 14, 2024, the Planning and Zoning Commission held a public hearing, and after deliberation, the Commission voted 5-0 recommending approval of the proposed changes to the Zoning Ordinance as outlined in the attached Ordinance. No members of the public spoke in support or opposition to the item.
Options:

A: Approve as recommended by the Planning & Zoning Commission; or

B: Approve with modifications; or

C: Deny; or

D: Continue action to a date certain or indefinitely; or

E: Remand to the Planning & Zoning Commission for further consideration.
Staff Recommendation:

APPROVE Case TA2024-01, as recommended by the Planning and Zoning Commission, pursuant to the attached Ordinance thereto.
Fiscal Analysis:

This request is not expected to have inordinate budgetary impacts to the City.
ATTACHMENTS:
Description
Exhibit 1 - Draft Ordinance
Exhibit 2 - Planning and Zoning Staff Report
Contact Name and Number:  

Chris M. Jacques, AICP, Planning Director (623) 773-7609

Lorie Dever, Deputy Director (623) 773-5168