Policy discussion on proposed amendments to Chapters 10-10 and 10-20 of the Flagstaff Zoning Code.

At this work session, staff will be seeking Council direction on any policy issues associated with proposed amendments to Chapter 10-10 (Title, Purpose and Jurisdiction) and Chapter 10-20 (Administration, Procedures and Enforcement) of the Flagstaff Zoning Code.

This fall the Council and staff will commence a review of proposed amendments to the Flagstaff Zoning Code in a series of ongoing work sessions organized by chapter. In the work sessions, staff will introduce the more substantive amendments to the Council explaining the reason for them and why the new amendment is being proposed. The Council will be able to identify any policy issues that warrant a more in-depth discussion, either at the current work session, or in a future work session. The policy issues identified by staff for the Council's consideration are provided in the table below.

POLICY AMENDMENTS:
The amendments identified by staff that may require a more in-depth policy discussion with the Council are summarized in the table below (The Council may also identify additional policy issues as they review the proposed amendments):
 

Policy Question	Section No.:	Zoning Code Page No.:
Neighborhood Meetings Required: Should the number of required neighborhood meetings held by an applicant be increased from one to two or more?   Should the applicant also be required to inform the residents living on the subject property of the neighborhood meeting?   Should the record of proceedings of the neighborhood meeting be forwarded to all attendees for their review/information?	10-20.30.060 Neighborhood Meeting	20.30-5
Notice Requirements: Should the legal notice also be sent to the residents living on the subject property to inform them of upcoming public hearing for a new development?   Should the responsibility for posting the subject property and mailing to surrounding property owners be shifted from City staff to the applicant?	10-20.30.080 Notice of Public Hearings	20.30-11

COUNCIL GOALS:
7) Address key issues and processes related to the implementation of the Regional Plan
8) Improve effectiveness of notification, communication, and engagement with residents, neighborhoods and businesses and about City services, programs, policies, projects and developments.

REGIONAL PLAN:
The Flagstaff Regional Plan 2030 supports the update and amendment of the Flagstaff Zoning Code with the following goals (policies are only included where needed to clarify a goal):
 
Goal NH.6. Neighborhood conservation efforts of revitalization, redevelopment, and infill are compatible with and enhance our overall community character.

Goal ED.1. Create a healthy environ­ment for business by ensuring transparent, expeditious, and predictable government processes.
Policy ED.7.1. Support planning, design, and development that positively, creatively, and flexibly contribute to the community image.

Background information on the adoption of the Zoning Code in November 2011, and the process and types of amendments proposed to the Zoning Code now that it has been in active use for almost four years, is included in the first attachment.

A summary of the Planning Commission’s more significant recommendations on the amendments is included in the second attachment.

Also attached are two documents that contain all the amendments proposed in Chapters 10-10 (Title, Purpose, and Jurisdiction) and 10-20 (Administration, Procedures and Enforcement), respectively. Full details of all the proposed amendments are included in these documents, including an explanation of why the amendment is proposed. This may be easily identified because it is written in italic font.

SUBSTANTIVE AMENDMENTS
Chapter 10-10 Title, Purpose and Jurisdiction
Staff has not identified any substantive amendments in Chapter 10-10 (Title, Purpose and Jurisdiction). The Planning and Zoning Commission had no substantive comments or discussion on the proposed amendments to Chapter 10-10.

Chapter 10-20 Administration, Procedures and Enforcement
A summary of the substantive amendments to this chapter is provided in a table on the first page with a brief description of the amendment and on what page it may be found. 
 
The substantive amendments identified by staff that may require a more in-depth policy discussion with the Council are described below (The Council may also identify additional policy issues as they review the proposed amendments):

1. Section 10-20.30.060 (Neighborhood Meeting): Increases the number of required neighborhood meetings to a minimum of two, but allows the Director to waive the second meeting. Also includes a requirement to inform residents living on the subject property. Further, the applicant is required to keep detailed notes of the meeting’s outcome and to distribute them to the people who attended the meeting.
   
   Current Zoning Code:
   Requires an applicant to conduct a neighborhood meeting, and allows the Planning Director to waive this meeting.
   Does not specifically state that the Planning Director may expand the notification area for the neighborhood meeting.
   Does not provide for notification of a proposed development to be sent to residents/tenants who reside on the subject property.
   Requires a record of proceedings to be submitted to the Planning Director.
   
   Proposed Amendment:  
   Would require an applicant to conduct a minimum of two neighborhood meetings, and allows the Planning Director to waive the second or additional neighborhood meetings if there were no substantive issues identified in the first meeting or if there was minimal participation at the first meeting.
   Specifically states that the Planning Director may expand the notification area for the neighborhood meeting to ensure surrounding residents are informed of the meeting for the proposed development.
   Requires that  residents/tenants who reside on the subject property are also informed of a proposed development on that property.
   Requires a record of proceedings to be submitted to the Director as well as to all the people who recorded their names on the sign-in sheet for the neighborhood meeting.


2. Section 10-20.30.080 (Notice of Public Hearings): Responsibility for posting the subject property and mailing notices to surrounding property owners and residents living on the subject property is shifted from the City to the applicant. The City will continue to assume responsibility for providing legal notice in the Arizona Daily Sun.
   
   Current Zoning Code:
   Requires the City to place the public hearing notice in the Arizona Daily Sun, to post the subject property, and to mail notice to surrounding property owners.
   Does not specifically state that the Planning Director may expand the notification area to property owners beyond 300 feet from the subject property.
   Does not provide for notification of a proposed development to be sent to residents/tenants who reside on the subject property.
   
   Proposed Amendment:  
   Would continue to require the City to place the public hearing notice in the Arizona Daily Sun, but shifts the responsibility to post the subject property and to mail notice to surrounding property owners to the applicant.
   Specifically states that the Planning Director may expand the notification area for the distribution of the legal notice to ensure more residents are informed of the upcoming public hearing. 
   Requires that  residents/tenants who reside on the subject property are also informed of a proposed development on that property.
    

Conclusion:
In June 2015, the US Supreme Court rendered it’s decision in the Reed v Town of Gilbert sign code case. Staff has been diligently studying the court’s opinion and working on first drafts of possible revisions to the Sign Code with specific reference to temporary signs. In October the Council will hold an executive session with staff to discuss the legal implications of the Reed case to the City of Flagstaff’s Sign Standards. Additional amendments to the various provisions of the Zoning Code may be required and will be presented to the Council in the months ahead concurrent with the other amendments proposed to the Zoning Code.

The working calendar has been updated with the following suggested dates for future council policy discussion on the proposed amendments to the Zoning Code;
 

September 15	work session - Chapters 10-10 and 10-20
September 29	regular - Chapter 10-30 and 10-40
October 6	work session - Chapter 10-40 continued
October 13	regular - Chapter 10-40 continued and Chapter 10-50
October 20	work session - Chapter 10-50 continued
October 27	regular - Chapter 10-50 continued
November 3	work session - Chapters 10-60 through 10-90
November 10	regular - Hold for Zoning Code as needed
November 17	work session – Zoning Code as needed
November 24	regular - Public Hearing/Resolution/First reading of ordinance

If you have questions, or require clarification on the contents of this staff summary, please contact Roger E. Eastman, AICP, Comprehensive Planning and Code Administrator at reastman@flagstaffaz.gov or (928) 213-2640.