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Item 1.I.
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| City Council Regular | |
| Date: | 02/28/2022 |
| Title: | Zone Change 1004 and Annexation 21-15 - Request to Withdraw |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | No |
RECOMMENDATION
Planning staff recommends City Council accept the applicant's request to withdraw the Zone Change 1004 and Annexation 21-15. The Zoning Code allows the applicant to request withdrawal in writing as has been done in this situation (See attached request). If granted withdrawal, the applicant may return with a modified application after a 120-day waiting period.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
The applicant and agent for Zone Change 1004 and Annexation 21-15 requested a delay from action on these items on January 24, 2022, with the intent to reach out and working with the neighboring property owners. During the interim, the applicant has decided to request withdraw of the application. The City Council granted a delay on these applications until its meeting on March 14, 2022.
The zone change that is included in this withdrawal request used the Planned Neighborhood Development (PND) zone change process for a proposed annexation of a 27.81 acre parcel located south of Bell Avenue and north of Monad Road and the Bannister Drain generally located west of Shiloh Road. The proposed Mixed Residential PND would include 19.46 acres of Mixed Residential 3 (NX3), 2.055 acres of Mid-Century Neighborhood (N2), 1.632 acres of Mixed Residential 1 (NX1) and about .691 acres of open space (P1). The PND is a new zoning tool to help guide the coordination of annexation, subdivisions, and master planning for new city neighborhoods. The new tool applies a level of certainty to all stakeholders, including the surrounding property owners.
The Zoning Commission forwarded no recommendation on the zone change application based on a 2-2 tie vote on a motion to recommend approval. The surrounding property owners had also submitted a valid protest (January 21, 2022) just prior to the public hearing scheduled for January 24. The Council may consider and act on this withdrawal request at this meeting. If the withdrawal is granted, these items will not return to the Council at the March 14 meeting.
The zone change that is included in this withdrawal request used the Planned Neighborhood Development (PND) zone change process for a proposed annexation of a 27.81 acre parcel located south of Bell Avenue and north of Monad Road and the Bannister Drain generally located west of Shiloh Road. The proposed Mixed Residential PND would include 19.46 acres of Mixed Residential 3 (NX3), 2.055 acres of Mid-Century Neighborhood (N2), 1.632 acres of Mixed Residential 1 (NX1) and about .691 acres of open space (P1). The PND is a new zoning tool to help guide the coordination of annexation, subdivisions, and master planning for new city neighborhoods. The new tool applies a level of certainty to all stakeholders, including the surrounding property owners.
The Zoning Commission forwarded no recommendation on the zone change application based on a 2-2 tie vote on a motion to recommend approval. The surrounding property owners had also submitted a valid protest (January 21, 2022) just prior to the public hearing scheduled for January 24. The Council may consider and act on this withdrawal request at this meeting. If the withdrawal is granted, these items will not return to the Council at the March 14 meeting.
ALTERNATIVES
City Council may:
- Grant the request to withdraw Zone Change 1004 and Annexation 21-15
- Deny the request to withdraw Zone Change 1004 and Annexation 21-15
FISCAL EFFECTS
Approving or disapproving the request to withdraw will have no effect on the Planning Division budget.