Consideration and Adoption of Resolution No. 2019-49 and Ordinance No. 2019-32:  A Resolution of the City Council of the City of Flagstaff, Coconino County, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "Case No. PZ-19-00094 Updates to Zoning Code 2019 –Miscellaneous Part 1"; and, an Ordinance of the City Council of the City of Flagstaff, Coconino County, Arizona, amending the Flagstaff City Code, Title 10, Flagstaff Zoning Code (Ordinance No. 2011-20), for the purpose of modifying chapters, divisions, and sections of Title 10, Flagstaff Zoning Code, including the sections of Division 10-20.30: Common Procedures, Division 10-20.40: Permits and Approvals, Division 10-30.60: Site Planning Design Standards,  Division 10-40.30: Non-Transect Zones, Division 10-40.40: Transect Zones, Division 10-40.60: Specific to Uses, Division 10-50.30: Building Height, Division 10-50.40: Encroachments, Division 10-50.50: Fences and Screening, Division 10-50.60: Landscaping Standards, Division 10-50.100: Sign Standards, Division 10-50.90: Resource Protection Standards, and Division 10-80.20: Definition of Specialized Terms, Phrases, and Building Functions, to resolve conflicts, incorporate technical corrections and clarity, and to add new, and modify existing, requirements, provisions, and definitions.

The proposed amendment (Case No. PZ-19-00094)  includes changes to the Zoning Code to resolve conflicts, incorporate technical corrections and clarity, and add new, and modify existing, requirements, provisions, and definitions.

On June 25, 2019, the Planning and Zoning Commission recommended approval of the proposed amendment to the City Council with a vote of 4-0.

There are no anticipated financial impacts affiliated with the proposed Zoning Code Text Amendment.

There are no anticipated policy impacts affiliated with the proposed Zoning Code Text Amendment.

Council Goals:
Revise the zoning code to remove ambiguities, and ensure it is consistent with the community values and the Regional Plan.

Team Flagstaff Strategic Plan:
Work in partnership with to enhance a safe and livable community.

Regional Plan:
Please refer to the attached Planning and Zoning Commission staff report.

The Zoning Code was adopted by the City Council on November 1, 2011, to replace the former Land Development Code.  Since its adoption, the Code has been amended several times to address procedures, add clarity, resolve conflicts, address planning initiatives (accessory dwelling units), incorporate applicant requests (West University Drive Entrance Sign District and Seasonal Amusement, Entertainment and Sales, Indoor), and to address changes in state law and U.S. Supreme Court decisions (i.e., Reed vs. the Town of Gilbert).

The City Council may adopt, modify, or deny the amendment.

Background
The Zoning Code was adopted by the City Council on November 1, 2011, to replace the former Land Development Code.  Since its adoption, the Code has been amended several times to address procedures, add clarity, resolve conflicts, address planning initiatives (accessory dwelling units), incorporate applicant requests (West University Drive Entrance Sign District), and to address changes in state law and U.S. Supreme Court decisions (i.e., Reed vs. the Town of Gilbert).  In addition, on June 12, 2019, the Planning and Zoning Commission recommended approval to the City Council of an amendment to the Zoning Code to address a series of technical, conflict resolution, and clarity modifications, including the addition of the Seasonal Amusement/Entertainment and Sales, Indoor and related provision to the Light Industrial (LI) zone.
 
Proposed Amendment
The proposed amendment includes multiple changes to the Zoning Code to resolve conflicts, incorporate technical corrections, add clarity, and simplify the existing requirements.  New provisions are being added, and several sections of the reference divisions are being modified, relocated, or deleted.

The most significant of the modifications include:

• Limiting land use of Animal Keeping to be an accessory use in most residential districts, and as a primary allowed use in the Rural Residential (RR) zone and Estate Rural (ER) on lots or parcels with five acres or greater;
• Adding provisions to allow existing residential subdivisions, and homes within these subdivisions, to be developed or modified in accordance with the setback and lot size provisions shown on record for the subdivision plat approved by the City Council;
• Add outdoor storage as a primary allowed use in the Heavy Industrial (HI) zone and Heavy Industrial – Open (HI-O) zone;
• Incorporate standards for daycare home and daycare center in compliance with the State of Arizona requirements; and
• Limit the size of a vehicle that may be stored in the Industrial, Light – General land use to FHA class 6 vehicle and smaller.

Summary of the Staff Revisions to Zoning Code:
The proposed amendment includes:

1. Notice of Public Hearings (Section 10-20.30.080): Changes to the public hearing notice for preliminary plats and uses within a public facility zone.
2. Minor Improvement Permits (Section 10-20.40.080):  Changes to clarify the requirements.
3. Temporary Use Permits (Section 10-20.40.150): Incorporate changes to relocate and modify the requirements pertaining to temporary storage structures, off-site temporary construction trailer(s), and exemptions.
4. Residential Zones (Section 10-40.30.030): Incorporate modifications to the land use, building form, and miscellaneous requirements. A summary of the modifications includes changes to: animal keeping as primary land use; relocation of requirements to other sections; setback modifications; allowances for lot sizes; and setbacks for previously platted subdivisions.  In addition, the modifications include changes to various, miscellaneous, technical, term and cross-references, and relocation of provisions.
5. Commercial Zones (Section 10-40.30.040): Incorporate modifications to the allowed uses, building form, and miscellaneous requirements. A summary of the modifications includes changes to:  renaming the allowed use of Lodging to Travel Accommodations; and relocation and addition of open space requirements for residential developments. In addition, the modifications include changes to various, miscellaneous, technical, term and cross-references, and relocation of provisions.
6. Industrial Zones (Section 10-40.30.050): Add outdoor storage as an allowed use in the Heavy Industrial and Heavy Industrial – Open zones; and modifications to various, miscellaneous, technical, and cross-references provisions.
7. Public and Open Space Zones (Section 10-40.30.060): Correct the adoption, scrivener's errors, and table errors of the allowed uses. In addition, the modifications include changes to various, miscellaneous, technical, cross-references, and relocation of provisions.
8. Accessory Buildings and Structures (Section 10-40.60.020): Incorporate modifications to relocate the accessory use to a new section (Section 10-40.60.025), simplify and clarify provisions, and relocate temporary storage containers to section 10-20.40.150.
9. Accessory Uses (Section 10-40.60.025): Add a new section specific to accessory uses.
10. Day Care Home and Center (Section 10-40.60.150): Incorporate technical modifications to conform with the State of Arizona requirements, and clarify provisions.
11. Outdoor storage (Section 10-40.60.275): Add a new section specific to outdoor storage.
12. Warehousing (Section 10-40.60.320): Delete section and incorporate provisions into outdoor storage.
13. Forest (Section 10-50.90.060): Incorporate changes to clarify and modify the requirements of Forest Resource Protection Thresholds as a Percentage of Site Area for the non-transect and transect zones.
14. Definition of Specialized Terms, Phrases, and Building Functions (Division 10-80.20): Modify and add various definitions of the Zoning Code, including: Accessory Buildings and Structures; Bed and Breakfast; Day Care, Center; Development Site; Development, Multiple-Family; Development – Attached Single-Family; Development – Detached, Single-Family; Development, Duplex; Development – Cluster, Dwelling, Multiple-Family, Single-Family; Factory Built Building; Industrial, Light – General; Older Individual; Parcel; Parking Structure, Above-Ground; Parking Structure, Underground; Passive Recreation; Residential Community Building Area; Sanitation Facilities; Sign; Travel Accommodation; Use, Secondary; Warehousing; Yard; Yard, Exterior; and Yard, Interior.
15. Additional Enforcement, Technical, Figure and Term Modifications (Sections 10-30.60.040, 10-40.40.100, 10-40.60.240, 10-40.60.250, 10-40.60.280, 10-50.30.030, 10-50.40.020, 10-50.60.050, and 10-50.90.060):  Incorporate, correct, clarify, and modify various technical, enforcement, cross references, and modifications.

A Zoning Code Text Amendment shall be evaluated based on the following findings:
 
A.    Finding #1:

• The proposed amendment is consistent with and conforms to the objectives and policies of the General Plan and any applicable specific plan.

The proposed amendments are primarily to resolve conflicts, incorporate technical corrections, and add clarity to the Zoning Code. Clerical in nature, the amendments do not substantively modify the existing provisions of the Zoning Code and maintain consistency and conformance with the objectives and policies of the Regional Plan (General Plan) and applicable specific plans.
Incorporated in the proposed amendment are clarifications to the requirements for forest resource protection. Currently, the Code does not address transect zones, and existing standards are based on uses instead of the zones.  The modified requirements treat all property in a particular zone consistently, regardless of use, and incorporate requirements for a property that utilize the transect zones ((E&C 3.3, E&C 4.1, E&C 6.3, E&C 10.1, E&C 10.2, and CC 1.1) of the Regional Plan).

B.    Finding #2

• The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City.

The proposed amendments are not anticipated to be detrimental to the public interest, health, safety, convenience, or welfare of the City. These amendments are primarily to resolving conflicts, incorporate technical corrections, and add clarity to the Zoning Code.  

C.    Finding #3

• The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.

The proposed amendments enhance the Zoning Code’s internal consistency by resolving conflicts, incorporating technical corrections, and adding clarity.  Furthermore, the proposed amendments are intended to maintain the Zoning Code’s purpose as a comprehensive contemporary set of land uses and requirements that are straightforward, usable, and easily understood.

Please refer to the key considerations included in this report.

In accordance with State Statute and the Zoning Code, the Planning and Zoning Commission work session and public hearing for these amendments were advertised in the Arizona Daily Sun on May 25, 2019.  Also, persons of interest that were on file with the Planning and Development Services Division were notified of the work sessions and hearings via first class mail.  The Planning and Zoning Commission's work session was held on June 12, 2019, and the Commission's public hearing was held on June 26, 2019.  In addition, the City Council held a work session on these amendments on September 17, 2019. The City Council's public hearings were advertised in the Arizona Daily Sun on September 28, 2019.