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. A summary of the Planning Commission’s discussion and recommendations on the amendments will also be included. 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.

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.


The City Council adopted the Flagstaff Zoning Code (City Code Title 10) on November 1, 2011 to replace the former Land Development Code. Amendments to the Zoning Code have been anticipated since that time, and over the past few years, City planning staff, as well as staff that work with the Zoning Code on a regular basis (i.e. from the engineering, traffic, stormwater, housing or legal sections/divisions), have documented sections of the Code where possible amendments would be required. Also, ideas for amendments have been submitted by interested Flagstaff residents and design professionals, and these have been compiled with staff’s revisions into a comprehensive document of suggested revisions to the Code.
 
The Planning and Zoning Commission held three work sessions on the proposed amendments – April 29, 2015 (the required citizen review session), May 13, 2015 and May 27, 2015 – to review, discuss and provide comment and feedback to staff on the proposed amendments. On June 10, 2015 the Commission held a public hearing in which they heard from some residents and continued their review and discussion. Finally, on June 24, 2015 the Commission unanimously moved to recommend that the Council approve the proposed amendments as presented by staff together with additional recommended changes. These amendments were provided to the Council in early-July when they were also posted to the Zoning Code webpage – www.flagstaff.az.gov/zoningcode.
 
At a work session on June 30^th the Council and staff discussed a path forward for the Council’s review of the proposed amendments to the Zoning Code. It was agreed that the best approach (based on the Council experience with the review of the Zoning Code before its adoption in November 2011) was as follows:

• July 14^th Executive Session to discuss the possible implications for Proposition 207 claims relative to some of the proposed amendments. (Completed)


• In July staff will provide the Council with the Planning and Zoning Commission’s final recommendation on the proposed Zoning Code amendments (assuming these are finalized on June 24^th) so that the Council has the opportunity to review them over the summer recess. (Completed) 


• In September Council and staff will commence a review of the proposed amendments in a series of work sessions. The amendments in some chapters may be combined into one work session (e.g., Chapters 10-10 through 10-20), and other work sessions may be scheduled for one chapter at a time (e.g. Chapter 10-40). 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. Furthermore, a summary of the Planning Commission’s discussion and recommendations on the amendments will be presented. As a result of this staff presentation the Council should 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. Council may invite members of the public to comment on the amendments to each chapter at the work sessions. Staff will ensure that the work sessions are well advertised so that residents and local stake holder groups may attend. 


• Following the work sessions on the proposed amendments, and the conclusion of any policy recommendations by the Council, staff will schedule a public hearing as required by Arizona law and the Zoning Code. Thereafter, first and second readings of the ordinance adopting the proposed amendments to the Zoning Code will be scheduled.  

The proposed amendments fall into three general categories: 

1. Minor amendments: These include clarification of language, insertion of appropriate cross-references, rearranging of text so that it is more logically organized in the Code (without substantive amendment to intent), or correction of a standard that was incorrectly stated.


2. Major or substantive amendments: These include a revision to a development standard, addition of a new land use in the land use tables of Chapter 10-40 (Specific to Zones), addition of a new standard (typically more restrictive than the current Code), addition of a new or changed process/procedure, or addition of a development standard from the former Land Development Code that was not brought forward into the current Zoning Code. Some of these amendments may involve a policy decision by the Council after consideration of the staff’s, Commission’s, and public’s recommendations and ideas on the subject. 


3. Non-substantive clerical and grammatical amendments: Staff has developed an ongoing list of non-substantive clerical and grammatical edits that do not change the intent of a Code provision, but which do correct cross-references, incorrect word use, and grammatical errors.

Summary of Substantive Amendments - Chapter 10-20 Administration, Procedures and Enforcement
Staff has not identified any substantive amendments in Chapter 10-10 (Title, Purpose and Jurisdiction).
 
A summary of the substantive amendments is provided in a table on the first page of each chapter with a brief description of the amendment and on what page it may be found. Throughout each chapter, an explanation of why the amendment is proposed is included. This may be easily identified because it is written in italic font.
 
The substantive amendments identified by staff that may require a more in-depth policy discussion with the Council follows (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.
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.

The Planning and Zoning Commission had no substantive comments or discussion on the amendments to Chapter 10-10.
 
The Commission’s concerns and final recommendations on the amendments to Chapter 10-20 are described in italic font within the explanation of why the amendment is proposed, and may be identified by the “(P&Z)” notation. Specific topics that warranted the most discussion are summarized below:
  Page 20-15: 10-20.40.130 (Sign Permits – Temporary Signs) – 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 September 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.

Conclusion:
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        8          work session - Chapters 10-10 and 10-20                         29          work session - Chapter 10-40
 
October             6         regular - Chapter 10-40 continued
                        13         work session - Chapter 10-50
                        20         regular - Chapter 10-50 continued
                        27         work session - Chapters 10-60 through 10-90
 
November         3          regular - Hold for Zoning Code as needed
                        10         work session -
                        17         regular - Public Hearing/Resolution/First reading of ordinance
                        24         work session -
 
December       1        regular - Second reading/adoption
                          8        work session -
                        15        regular - Hold for Zoning Code as needed
                        29        work session -
 
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.