Consideration and Adoption of Resolution No. 2024-35: A resolution approving a Binding Waiver of Enforcement for one parcel of land located in the Canyon Del Rio subdivision in the City of Flagstaff.
 

1. Read Resolution No. 2024-35 by title only
2. City Clerk reads Resolution No. 2024-35 by title only (if approved above)
3. Adopt Resolution No. 2024-35

On March 1, 2022, the Flagstaff City Council adopted a land use law, Ordinance 2022-04, which made amendments to the sustainability incentives in the Flagstaff Zoning Code. 

Arizona Revised Statutes §12-1134 (“Prop 207”) allows a property owner to seek just compensation when a city adopts a land use law that reduces the property owner’s existing rights to use, divide, sell, or possess private real property and such action reduces the fair market value of the property.

The property owners listed in the attached Binding Waiver of Enforcement filed a claim for just compensation under Prop 207, asserting that the amendments to the Flagstaff Zoning Code adopted by Ordinance 2022-04 reduced their rights to use and divide its property and thereby reduced the fair market value of the property.
 
In response to a claim for just compensation under Prop 207, a city may reach an agreement with the property owner on the demanded compensation, deny the demanded compensation and defend such denial in litigation, amend the land use law, repeal the land use law, or issue to the property owner a binding waiver of enforcement of the land use law on the owner’s specific parcels.
 
If the City Council approves and adopts the attached resolution approving the Binding Waiver of Enforcement for the property identified therein, this property will not be subject to the amendments adopted by Ordinance 2022-04.

Adoption of the resolution and approval of the Binding Waiver of Enforcement will moot the pending claims for just compensation.

None.

No.