10.C.
City Council Meeting - DRAFT
- Meeting Date:
- 05/05/2015
- From:
- Roger Eastman, Zoning Code Administrator
Information
TITLE:
Consideration and Adoption of Ordinance No. 2015-03: An ordinance of the Flagstaff City Council amending the Flagstaff City Code to add freight and trucking facility as a permitted use in the Research and Development (RD) zone. Specifically, Title 10, Zoning Code, Division 10-40.30 (Non-Transect Zones), Section 10-40.30.050 (Industrial Uses) and related amendments to Division 10-80.20 (Definition of Specialized Terms, Phrases, and Building Functions), specifically Sections 10-80.20.060 (Definitions, "F.") and 10-80.20.200 (Definitions, "T."). (Adding Freight and Trucking Facility as permitted use in Research and Development zone)
RECOMMENDED ACTION:
1) Read Ordinance No. 2015-03 for the final time by title only
2) City Clerk reads Ordinance No. 2015-03 by title only (if approved above)
3) Adopt Ordinance No. 2015-03.
2) City Clerk reads Ordinance No. 2015-03 by title only (if approved above)
3) Adopt Ordinance No. 2015-03.
Executive Summary:
When rewriting and updating the former Land Development Code (LDC) as the new Zoning Code adopted on November 1, 2011, the former Euclidian or conventional use-based zones were combined with the performance-based zones established with the 1991 adoption of the LDC to create the new zoning districts now in effect. In the Research and Development (RD) Zone, the freight and trucking land use category was inadvertently omitted. The proposed text amendments described in this staff summary and detailed in Ordinance 2015-03 seek to remedy this error by re-instating the freight and trucking facility land use.
Financial Impact:
None
Connection to Council Goal and/or Regional Plan:
COUNCIL GOALS:
7) Address key issues and processes related to the implementation of the Regional Plan.
REGIONAL PLAN:
Goal LU 6. Provide for a mix of land uses.
Policy LU 16.4 Limit the impacts of truck traffic on residential areas.
Has There Been Previous Council Decision on This:
A Public Hearing was held on April 7, 2015, and the ordinance was read for the first time.
Options and Alternatives:
Please refer to the Expanded Options and Alternatives below.
Background/History:
In late January 2015, staff and a business owner who owns a developed parcel near the Flagstaff Pulliam Airport held a pre-application meeting to discuss a proposal for the expansion of the existing use, a freight and trucking facility. While preparing for this meeting, staff realized that there was an error in the Zoning Code with regard to the uses allowed in the Research and Development (RD) Zone.
As part of the rewrite and update of the former Land Development Code (LDC) as the new Zoning Code adopted on November 1, 2011, the former Euclidian or conventional use-based zones were combined with the performance-based zones established with the 1991 adoption of the LDC.
In this case the following zones were combined to create the Research and Development (RD) Zone in the Zoning Code:
Prior to the adoption of the new Zoning Code, on July 22, 2008 a freight and trucking company applied for and received Site Plan Review approval for a new 14,600 sq. ft. warehouse building on a property located near the Flagstaff Pulliam Airport. At the time of approval and establishment of this new business the property was zoned Business Park Intermediate (BPI). This business has been successful, and now desires to expand the existing building by an additional 4,370 sq. ft.
However, upon reviewing the Zoning Code staff determined that the use could not be expanded because the original use as allowed in the LDC (transportation or trucking yards) was no longer permitted in the Research and Development (RD) Zone. This meant that the present use is nonconforming, and consistent with Section 10-20.60.030 (Restrictions on Nonconforming Uses and Structures), specifically Subsection A.2, nonconforming uses may not be expanded. The business owner was dismayed to hear this news, yet following staff’s suggestion, prepared to proceed with a zone change application to rezone the property to a zoning designation that would allow for the continued use of the property as a freight or trucking facility.
After some consideration, staff agreed that it made the most sense to amend the Zoning Code to accommodate the continued use of the property as a freight or trucking facility consistent with its current use, rather than to guide the applicant through a zone change. After all, freight and trucking uses were permitted in the BPI Zone prior to the adoption of the 2011 Zoning Code, and the proposed amendment essentially is putting back an allowed use that was inadvertently removed when the former zones in the LDC were combined.
As part of the rewrite and update of the former Land Development Code (LDC) as the new Zoning Code adopted on November 1, 2011, the former Euclidian or conventional use-based zones were combined with the performance-based zones established with the 1991 adoption of the LDC.
In this case the following zones were combined to create the Research and Development (RD) Zone in the Zoning Code:
| Former Land Development Code | Current Zoning Code |
| (BP) Business Park | |
| (BPI) Business Park Intermediate | Combined as: (RD) Research and Development Zone |
| (R&D-E) Research and Development Industrial District Established |
Prior to the adoption of the new Zoning Code, on July 22, 2008 a freight and trucking company applied for and received Site Plan Review approval for a new 14,600 sq. ft. warehouse building on a property located near the Flagstaff Pulliam Airport. At the time of approval and establishment of this new business the property was zoned Business Park Intermediate (BPI). This business has been successful, and now desires to expand the existing building by an additional 4,370 sq. ft.
However, upon reviewing the Zoning Code staff determined that the use could not be expanded because the original use as allowed in the LDC (transportation or trucking yards) was no longer permitted in the Research and Development (RD) Zone. This meant that the present use is nonconforming, and consistent with Section 10-20.60.030 (Restrictions on Nonconforming Uses and Structures), specifically Subsection A.2, nonconforming uses may not be expanded. The business owner was dismayed to hear this news, yet following staff’s suggestion, prepared to proceed with a zone change application to rezone the property to a zoning designation that would allow for the continued use of the property as a freight or trucking facility.
After some consideration, staff agreed that it made the most sense to amend the Zoning Code to accommodate the continued use of the property as a freight or trucking facility consistent with its current use, rather than to guide the applicant through a zone change. After all, freight and trucking uses were permitted in the BPI Zone prior to the adoption of the 2011 Zoning Code, and the proposed amendment essentially is putting back an allowed use that was inadvertently removed when the former zones in the LDC were combined.
Key Considerations:
The following amendments are, therefore, proposed (new text is shown in underline, and text proposed to be deleted is shown as strikeout):
Chapter 10-40 Specific to Zones
Division 10-40.30 Non-Transect Zones
Section 10-40.30.050 Industrial Zones
Table 10-40.30.050.B (Allowed Uses) lists the allowed uses by category for all the Industrial Zones. A copy of Page 40.30-22 from the Zoning Code is attached that shows the context of these amendments in Table 10-40.30.050.B.
On Page 40.30-22 under the category “Industrial, Manufacturing, Processing & Wholesaling” uses, amend the “Transportation or Trucking Yards” row and insert a new row, “Freight or Trucking Facility”:
Explanations:
Division 10-80.20 Definition of Specialized Terms, Phrases, and Building Functions
Section 10-80.20.060 Definitions, “F.”
Insert a new definition as follows:
Freight or Trucking Facility: A facility for the receipt, transfer, short-term storage, and dispatch of goods transported by truck. Includes express and other mail and package distribution facilities.
Section 10-80.20.200 Definitions, “T.”
Amend the definition as follows:
Transportationor Trucking Includes trucking terminals.
Chapter 10-40 Specific to Zones
Division 10-40.30 Non-Transect Zones
Section 10-40.30.050 Industrial Zones
Table 10-40.30.050.B (Allowed Uses) lists the allowed uses by category for all the Industrial Zones. A copy of Page 40.30-22 from the Zoning Code is attached that shows the context of these amendments in Table 10-40.30.050.B.
On Page 40.30-22 under the category “Industrial, Manufacturing, Processing & Wholesaling” uses, amend the “Transportation or Trucking Yards” row and insert a new row, “Freight or Trucking Facility”:
|
Industrial, Manufacturing, Processing, & Wholesaling |
||||||
|
|
RD | LI | LI-O | HI | HI-O | |
|
Transportation |
-- | P | P | P | P | |
| Freight or Trucking Facility | P3 | P | P | P | P | |
Explanations:
- “Trucking” has been deleted to make a clearer distinction between a transportation yard (which would be used for the storage and servicing of transportation vehicles, such as large trucks and semi-trailers) and a freight and trucking facility. Amendments to the definitions of these terms are included below.
- The new row for “Freight and Trucking Facility” will be inserted in this table in alphabetical order below “Flammable Liquid, Gas, and Bulk Fuel” and above “Industrial, Heavy - General”. This use will be permitted in all the industrial zones.
- End Note #3 will apply to the RD Zone as this limits the use within ¼ mile of an existing residential use. At the February 25th work session the Planning Commission requested a map showing all RD Zones within the City buffered with both a 500-foot and a ¼ mile buffer. This map is attached. Staff recommends that a ¼ mile buffer standard be included as this is consistent with similar buffer standards to residential zones already included in the Code.
Division 10-80.20 Definition of Specialized Terms, Phrases, and Building Functions
Section 10-80.20.060 Definitions, “F.”
Insert a new definition as follows:
Freight or Trucking Facility: A facility for the receipt, transfer, short-term storage, and dispatch of goods transported by truck. Includes express and other mail and package distribution facilities.
Explanation:
This new definition clearly defines a freight or trucking facility as a distinct use that is different to a transportation yard (see below). It contemplates such uses as the US Postal Service or freight and delivery companies such as UPS, FedEx, or other similar companies.
Section 10-80.20.200 Definitions, “T.”
Amend the definition as follows:
Transportation
Explanation:
“Trucking” has been deleted to make a clearer distinction between a transportation yard used for the servicing and storage of large trucks and semi-trailers and a freight or trucking facility as defined above.
“Trucking” has been deleted to make a clearer distinction between a transportation yard used for the servicing and storage of large trucks and semi-trailers and a freight or trucking facility as defined above.
Insert a new definition as follows to provide a cross-reference:
Trucking Facility: See “Freight or Trucking Facility”.
Expanded Financial Considerations:
None.
Community Benefits and Considerations:
The amendments to the Zoning Code included in Ordinance 2015-03 resolve an error in the current Code by putting back a use (freight or trucking facility) that was erroneously omitted when the Zoning Code was adopted in 2011. This is not only beneficial to the business owner who brought this omission to the City's attention, but it is also beneficial to other property owners within the Research and Development (RD) Zone. Furthermore, by establishing a 1/4 mile buffer from established residential uses, any possible impacts from a freight or trucking facility are mitigated consistent with similar buffer standards already in place in the Zoning Code.
Community Involvement:
Inform and Involve
As required by Arizona law and the Zoning Code, an 1/8 page display advertisement was published in the February 24, 2015 issue of the Arizona Daily Sun in advance of the Planning and Zoning Commission’s March 11th public hearing. The Commission’s work session on February 25th was also noticed in compliance with applicable law. A similar notice was used to advertise the City Council's public hearing.
All property owners whose properties are in the Research and Development (RD) Zone were notified by first class mail of the Planning and Zoning Commission’s public hearing. Notice was also provided to those citizens whose names are listed on the Registry of Persons and Groups who requested to be informed of all upcoming public meetings and hearings.
At the February 25th Planning and Zoning Commission work session no citizens addressed the Commission on these proposed amendments. However, the commissioners discussed the proposed amendments, asked questions of staff, and offered clarifying suggestions, which have been included into the proposed amendments.
On March 11, 2015 the Planning and Zoning Commission held a public hearing on the proposed amendments. No members of the public spoke at this hearing. The Commission unanimously moved to recommend that the City Council adopt the proposed amendments as described in Ordinance 2015-03.
Expanded Options and Alternatives:
- Adopt Ordinance No. 2015-03 to amend Flagstaff Zoning Code Chapter 10-40 (Specific to Zones) and Chapter 10-80 (Definitions)
-
Modify and adopt Ordinance No. 2015-03 to amend Flagstaff Zoning Code Chapter 10-40 (Specific to Zones) and Chapter 10-80 (Definitions)
Options 1 and 2 enable the re-establishment of a land use (freight and truck facility) that was erroneously omitted from the current Zoning Code, with consequent benefits to property owners in the RD Zone. -
Do not adopt Ordinance No. 2015-03 and, therefore, make no changes to the existing text in the Zoning Code regarding the Research and Development (RD) Zone.
By selecting Option 3 no changes to the allowed land uses in the RD Zone will be authorized and the freight and truck facility land use will continue to no longer be permitted in this Zone.