Consideration and Adoption of Ordinance No. 2017-10:  An ordinance of the City Council of the City of Flagstaff, amending the Flagstaff City Code, Title 10, Zoning Code, providing for repeal of conflicting ordinances, severability, and establishing an effective date.

The City of Flagstaff, as the applicant, proposes the following text amendments to the Zoning Code to address the summarized issues, and as more fully described in the attached Planning Commission report:

• ADA Parking (Section 10-50.80.080.C):  The depth of the ADA parking stall was identified as 20-feet in the November 1, 2011 adoption of the Zoning Code.  On November 23, 2011, the Zoning Administrator issued an interpretation stating that the 20-foot dimension shown on Figure B in Section 10-50.80.080 was in error and that an 18-foot depth would be applicable.  During the February 2016 update to the Zoning Code, Figure B was revised to reflect this interpretation but the language in Section 10-50.80.080.C was not.  This amendment revises the wording of Section 10-50.80.080.C to clarify that the depth of an ADA parking stall is 18-feet, which is the same as a standard parking space.

• Accessory Dwelling Units (Sections 10-40.60.030 and 10-80.20.010):  The traditional way of determining if an ADU is attached or detached is as simple as seeing if the ADU shares a wall or roof structure with the primary dwelling.  When an ADU is attached, as previously described, to a primary dwelling but does not have an access connection into a common area within the primary dwelling, the Building Code classifies the dwellings as two separate units thus requiring the construction of a fire-rated separation and the installing of separate HVAC and electrical systems.  These requirements can add significant cost to the construction of the ADU.  Unfortunately, this is usually not know to the applicant until the plans have completed a first round of building permit review.  This amendment creates a definition for attached and detached ADUs based on the presence of an access connection to the primary dwelling and clarifies the amenities that must be included within an ADUs bathroom (i.e. toilet, sink, shower).

• Places of Worship (Sections 10-40.30, 10-40.40, 10-50.80, and 10-80.20.160):  The State of Arizona adopted legislation that prohibits a municipality from implementing land use regulations that impose an unreasonable burden on a person's exercise of religion, wherein an unreasonable burden is defined to mean "that a person is prevented from using the person's property in a manner that the person finds satisfactory to fulfill the person's religious mission.  This amendment attempts to avoid potential conflicts with State Statute by creating a new land use classification that will encompass all religious uses, establishing a parking standard for Places of Worship, and allow Places of Worship in all zoning districts as a permitted use with the requirement for the issuance of a Conditional Use Permit when the facility exceeds 250 seats and/or is adjacent to a toxic use.

• Lot Width (Section 10-80.20.120):  Lot width is currently measured at the front setback line as established by the zoning district or a recorded final plat.  The current measurement standards allow for the creation of irregularly shaped lots where the lot dramatically changes shape once the minimum lot width has been established.  All lots, however, must establish and maintain the minimum lot area of the underlying zoning.  This amendment revises the definition of lot width to be measured at the mid-point of the lot.  At their March 8, 2017 public hearing, the Planning Commission recommended that no changes to the lot width definition be made.  At their March 14, 2017 work session, the City Council gave direction to remove the proposed amendment from the draft ordinance.  While that has occurred, this amendment will remain within the staff summary and the attached proposed amendments document in order for the public to have an opportunity to comment at the March 21, 2017 City Council public hearing.

• Rural Floodplain Map (Section 10-90.40.030):  The 1991 Rural Floodplain Map was adopted as part of the Land Development Code.  When the Land Development Code was replaced by the Zoning Code in 2011, the Rural Floodplain Map was updated to included identified urban floodplain.  Unfortunately, several areas of rural floodplain that were part of the 1991 map were removed.  This amendments revises the 2011 Rural Floodplain Map back to the boundaries of the 1991 Rural Floodplain Map, and adds newly identified rural floodplain to the map for City-owned parcels only.  As recommended by the Planning Commission, the Urban Floodplain boundaries will continue to be shown on the revised Rural Floodplain Map.

None

This action does not impact current policy.

Council Goals
Building and Zoning/Regional Plan - Revise the zoning code to remove ambiguities, and ensure it is consistent with community values and the regional plan.

Regional Plan
The following goals and policies of the Flagstaff Regional Plan 2030 relate to the proposed text amendments:

• Goal CC.3. Preserve, restore, enhance, and reflect the design traditions of Flagstaff in all public and private development efforts.
• Policy CC.3.1. Encourage neighborhood design to be respectful of traditional development patterns and enhance the overall community image.
• Goal CC.4. Design and develop all projects to be contextually sensitive to enhance a positive image and identity for the region.
• Policy LU.1.6. Establish greater flexibility in development standards and processes to assist developers in overcoming challenges posed by redevelopment and infill sites.
• Policy LU.16.1. Encourage the continued intensification, expansion, and protection of existing industrial, warehousing, and distribution uses from encroachment where appropriate.
• Policy NH.1.2. Respect traditions, identifiable styles, proportions, streetscapes, relationships between buildings, yards, and roadways; and use historically appropriate and compatible building and structural materials when making changes to existing neighborhoods, especially historic neighborhoods.
• Policy NH.3.2. Promote accessory dwelling units, where appropriate.
• Policy NH.6.1. Promote quality redevelopment and infill projects that are contextual with surrounding neighborhoods. When planning for redevelopment, the needs of existing residents should be addressed as early as possible in the development process.
• Goal ED.9. Promote redevelopment and infill as a well-established means to accomplish a variety of community, planning, and environmental goals.

Strategic Plan
Strategic Priority 4.4 - Promote high quality of life through consistent standards, rules, and regulations.

The City Council reviewed and discussed the proposed amendments to the Zoning Code at a March 14, 2017 Work Session.

1. Adopt the amendments as proposed by staff and as recommended by the Planning Commission.
2. Adopt the amendments with additions and/or modifications.
3. Deny the amendments.

The City Council adopted the Zoning Code on November 1, 2011 to replace the former Land Development Code.  It is important to note that no code can ever be perfect or account for every development scenario.  Codes evolve over time and must adapt to the changing environment.  Over the past five years of working with the Zoning Code, staff (i.e. planning, engineering, traffic, stormwater, housing, legal, legal, etc.) have documented sections of the Zoning Code where possible amendments would be required.  Also, ideas for amendments have been submitted by residents, developers, and design professionals, and these have been compiled with staff’s list of possible revisions.  Amending a code as complex as the Zoning Code can be an arduous task.  Compiling amendments into large blocks can take years to process and make the discussion of the content difficult for staff, the public, the Planning Commission, and the City Council.  Moving forward, staff will present smaller packages of amendments each containing only a limited number of topics in an effort to make the discussion more focused and meaningful.

Since the 2011 adoption of the Zoning Code, the following amendments have been reviewed by the Planning Commission and, ultimately, approved by the City Council:

1. Division 10-20.50 (Amendments to the Zoning Code Text and the Zoning Map): adopted on November 5, 2013, Ord. No. 2013-21.  These amendments established a new process and procedure for zone changes.
2. Section 10-50.100.080.E (Flagstaff Mall and Marketplace District): adopted on November 5, 2013, Ord. No. 2013-22.  These amendments allowed for the installation of a new monument sign for the Flagstaff Mall and Marketplace District.
3. Division 10-50.100 (Sign Standards): adopted on November 18, 2014, Ord. No. 2014-27.  These amendments to the City's sign standards addressed concerns from the City Council and local residents with the complexity of the former sign standards, especially for building mounted signs, and for the proliferation of temporary signs within the City.
4. Division 10-20.100 (Assurance of Performance for Construction): adopted on March 4, 2015, Ord. No. 2015-01.  These amendments updated the standards and procedures regarding assurances for construction.
5. Section 10-40.30.050 (Industrial Uses) and Sections 10-80.20.060 (Definitions, “F.”) and 10-80.20.200 (Definitions, “T.”): adopted on May 5, 2015, Ord. No. 2015-03.  These amendments to the industrial zones, Table B, Allowed Uses, and in the definitions clarify that freight and trucking facilities are a permitted use in the RD (Research and Development Zone.
6. Comprehensive suite of amendments throughout the Zoning Code under Ordinance 2016-07 adopted on February 16, 2016 comprising mostly minor clarifications and corrections, but also some significant amendments to Section 10-40.40.030 to allow single-family dwellings and duplexes by right in the CC Zone, Section 10-40.60.260 (Mixed Use) and 10-40.60.280 (Planned Residential Development), Section 10-50.80.080 (Parking Spaces, Parking Lot Design and Layout) and in Division 10-50.110 to add two new building types; apartment building and stacked triplex.
7. Division 10-50.100 (Sign Standards): adopted on June 21, 2016, Ord. No. 2016-22.  These amendments reconciled the sign standards with the US Supreme Court’s decision in the Reed v. Town of Gilbert.

At the March 8, 2017 public hearing, the Planning Commission made the following recommendations:

• Building Placement (Section 10-40.30.040.C) - Continue to next Planning Commission meeting for additional discussion.
• ADA Parking (Section 10-50.80.080.C) - Approve as presented by staff.
• Accessory Dwelling Units (Sections 10-40.60.030 and 10-80.20.010) - Approve as presented by staff.
• Places of Worship (Sections 10-40.30, 10-40.40, 10-40.60, 10-50.80, and 10-80.20.160) - Approve as presented by staff.
• Lot Width (Section 10-80.20.120) - Deny.  No change to current lot width definition is preferred as it appears as though the code is being modified to address an anomalous issue.
• Rural Floodplain Map (Section 10-90.40.030) - Approve with condition to include Urban Floodplain Map within the Zoning Code.

Consult/Involve

In accordance with State statute and the Zoning Code, both the work session and public hearing before the Planning and Zoning Commission was advertised in the Arizona Daily Sun at least 15-days prior to the meeting as a display ad.  The ad was also provided via U.S. Mail to those individuals listed on the City of Flagstaff Registry of Persons and Groups, which includes Friends of Flagstaff’s Future, Northern Arizona Building Association, and Northern Arizona Association of Realtors.
 
As of this writing, staff has received 11 e-mails regarding the proposed amendments.  One (1) e-mail requested full-size copies of the revised Rural Floodplains Map.  The other ten (10) e-mails expressed concern/opposition with the proposal to amend the building placement standards for commercial uses adjacent to residential uses.  A copy of the e-mails that have been received are attached to this report.