12.A.
City Council Meeting - FINAL
- Meeting Date:
- 06/05/2018
- From:
- Tiffany Antol, Current Planning Manager
Information
TITLE:
Public Hearing, Consideration and Adoption of Ordinance No. 2018-21: An ordinance of the City Council of the City of Flagstaff, amending the Flagstaff City Code, Title 10, the City of Flagstaff Zoning Code, Chapter 10-20, Administration, Procedures, and Enforcement, Division 10-20.30, Common Procedures, Section 10-20.30.100, Final Decisions and Division 10-20.80, Procedures for Appeals, Section 10-20.80.030, Appeals of Permits and Other Approvals, providing for repeal of conflicting ordinances, severability, and establishing an effective date.
STAFF RECOMMENDED ACTION:
At the June 5, 2018 Council Meeting:
1) Hold Public Hearing
2) Read Ordinance No. 2018-21 by title only for the first time
3) City Clerk reads Ordinance No. 2018-21 by title only (if approved above)
At the June 19, 2018 Council Meeting:
4) Read Ordinance No. 2018-21 by title only for the final time
5) City Clerk reads Ordinance No. 2018-21 by title only (if approved above)
6) Adopt Ordinance No. 2018-21
1) Hold Public Hearing
2) Read Ordinance No. 2018-21 by title only for the first time
3) City Clerk reads Ordinance No. 2018-21 by title only (if approved above)
At the June 19, 2018 Council Meeting:
4) Read Ordinance No. 2018-21 by title only for the final time
5) City Clerk reads Ordinance No. 2018-21 by title only (if approved above)
6) Adopt Ordinance No. 2018-21
Executive Summary:
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. The Commission voted (6-0) to recommend an alternative proposal for the Zoning Code text amendment for review and appeal of Conditional Use Permits.
The Planning Commission recommendation would grant any Council member the opportunity to request an additional review of 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 council 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 starting from the beginning. Staff has prepared a draft Notice of Decision that would be used to inform the public and City Council of the Commission's decision on any 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.
The Planning Commission recommendation would grant any Council member the opportunity to request an additional review of 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 council 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 starting from the beginning. Staff has prepared a draft Notice of Decision that would be used to inform the public and City Council of the Commission's decision on any 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.
Financial Impact:
None
Policy Impact:
None
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan:
Council Goals
None
Regional Plan
There are no Regional Plan Goals or Policies that specifically address or relate to the approval of Conditional Use Permits.
Strategic Plan
None
None
Regional Plan
There are no Regional Plan Goals or Policies that specifically address or relate to the approval of Conditional Use Permits.
Strategic Plan
None
Has There Been Previous Council Decision on This:
A Future Agenda Item Request (FAIR) was heard by Council on January 16, 2018, in regards to Conditional Use Permit approval authority. This item was discussed by Council on February 6, 2018. Staff was directed to being the process of a Zoning Code Text Amendment to change the approval authority of Conditional Use Permits from the Planning Commission to City Council.
Options and Alternatives:
- Approve Ordinance No. 2018-21 as proposed.
- Approve Ordinance No. 2018-21 with conditions or modifications.
- Do not approve Ordinance No. 2018-21.
Background and History:
Since the 2011 adoption of the Zoning Code, the following amendments have been reviewed by the Planning and Zoning Commission and adopted 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 adopted on February 16, 2016, Ord. No. 2016-07, 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.
8. Series of amendments adopted on April 4, 2017, Ord. No. 2017-10, including amendments to: Section 10-50.80.080.C (ADA Parking), clarifying the depth of an ADA parking space; Sections 10-40.60.030, 10-80.20.010 (ADU's) created a definition for Attached and Detached ADU's, created standards for the attachment, and clarified the required amenities; Sections 10-40.30, and 10-40.40, 10-50.80 and 10-80.20.160 (Places of Worship), created a definition and land use classification for places of worship, and permit the use in all zones; and Section 10-90.40.030 (Rural Floodplain Map), revised the rural floodplain map back to the boundaries of the 1991 map.
9. Sections 10-40.40, 10-50.110, and 10-50.120 (Transect Code): adopted on December 19, 2017, Ord. No. 2017-31. These amendments: clarified the allowed building types and allowed private frontage types within each Transect zone, including all alternate (N.2) zones and open (O) sub-zones; removed the residency requirement and established a minimum building separation requirement for the Live/Work building type; and, established a maximum façade plane width for the Commercial Block building type.
10. Section 10-50.100.100 (Sign Districts of Special Designation): adopted March 13, 2018, Ord. No. 2018-14. This amendment added the West University Drive Entrance District to the Sign Districts of Special Designation section to allow Northern Arizona University to place a monument entry sign on property not currently owned by the university.
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 adopted on February 16, 2016, Ord. No. 2016-07, 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.
8. Series of amendments adopted on April 4, 2017, Ord. No. 2017-10, including amendments to: Section 10-50.80.080.C (ADA Parking), clarifying the depth of an ADA parking space; Sections 10-40.60.030, 10-80.20.010 (ADU's) created a definition for Attached and Detached ADU's, created standards for the attachment, and clarified the required amenities; Sections 10-40.30, and 10-40.40, 10-50.80 and 10-80.20.160 (Places of Worship), created a definition and land use classification for places of worship, and permit the use in all zones; and Section 10-90.40.030 (Rural Floodplain Map), revised the rural floodplain map back to the boundaries of the 1991 map.
9. Sections 10-40.40, 10-50.110, and 10-50.120 (Transect Code): adopted on December 19, 2017, Ord. No. 2017-31. These amendments: clarified the allowed building types and allowed private frontage types within each Transect zone, including all alternate (N.2) zones and open (O) sub-zones; removed the residency requirement and established a minimum building separation requirement for the Live/Work building type; and, established a maximum façade plane width for the Commercial Block building type.
10. Section 10-50.100.100 (Sign Districts of Special Designation): adopted March 13, 2018, Ord. No. 2018-14. This amendment added the West University Drive Entrance District to the Sign Districts of Special Designation section to allow Northern Arizona University to place a monument entry sign on property not currently owned by the university.
Expanded Options and Alternatives:
Inform/Consult
In accordance with State statute and the Zoning Code, the work session and public hearing before the Planning Commission and the public hearing before the City Council wer advertised in the Arizona Daily Sun on April 10, 2018, which is at least 15-days prior to the scheduled meeting dates.
As of this writing, staff has received one (1) email asking for additional information regarding the proposed amendment.
In accordance with State statute and the Zoning Code, the work session and public hearing before the Planning Commission and the public hearing before the City Council wer advertised in the Arizona Daily Sun on April 10, 2018, which is at least 15-days prior to the scheduled meeting dates.
As of this writing, staff has received one (1) email asking for additional information regarding the proposed amendment.