Review the proposed Conditional Use Permit Approval Authority Zoning Code Text Amendment and provide direction on the two alternatives that were presented to the Planning Commission on May 9, 2018.

The City Council, in accordance with Section 10-20.50.030.B (Procedures) of the Zoning Code, has initiated a text amendment to change Conditional Use Permit approval authority from the Planning Commission to the City Council.  A work session was held with the Planning Commission on April 25, 2018, to review the proposed amendment.  The Commission suggested including an alternative provision to allow Council to appeal any Conditional Use Permit rather than requiring a second public hearing for each Conditional Use Permit.  Staff prepared both alternatives for the Planning Commission public hearing on May 9, 2018.  The Commission voted (6-0) to recommend their proposed alternative for the Zoning Code text amendment for review of Conditional Use Permits.  Staff has attached both alternatives for Council's review.

The first option is to change the approval authority for Conditional Use Permits from the Planning Commission to the City Council.  The Planning Commission would become a recommending body to the City Council on all Conditional Use Permit applications. An appellate authority would transition from the City Council to Superior Court in accordance with Section 10-20.80.010.B of the Zoning Code. This option requires amending both Title 2, Boards and Commissions, Chapter 2-01, Planning and Zoning Commission as well as Title 10, Flagstaff Zoning Code, Chapter 10-20, Administration, Procedures, and Enforcement of the City Code.

The second option, as recommended by the Planning Commission, would grant any Council member the opportunity to request an additional review on a Conditional Use Permit within the ten (10) day appeal window.  If a Council member requests a review, the item would be set for the next available meeting.  If a majority of the quorum present agrees to a review, the Conditional Use Permit will be set for a public hearing within 30 days.  The Council review will be considered "de novo" which means Council would not be limited to reviewing the information before the Planning Commission, but instead would be able to receive new information and make an independent decision whether to approve the Conditional Use Permit.  Staff has also prepared a draft Notice of Decision that would be used to inform the public and City Council of the Commission's decision on a Conditional Use Permit.  The Notice of Decision would be prepared immediately following the Commission's decision on a Conditional Use Permit and would be posted to the City website and distributed to Council.