Public Hearing, Consideration and Adoption of Resolution No. 2016-31:  A resolution of the Flagstaff City Council amending the Flagstaff Regional Plan 2030 by amending Chapter 3 to change the categories of Major Plan Amendments and establishing an effective date. 

City staff is proposing minor plan amendments to the Flagstaff Regional Plan 2030, Chapter 3 How the Plan Works, as described in the Regional Plan Annual Report 2015. The Flagstaff Regional Plan 2030 (Regional Plan) is the General Plan for the City of Flagstaff. The amendment includes several types of proposed changes:

1. Changes proposed to major plan amendment categories and criteria (with options for addressing changes from Rural to Suburban Area Types),
2. Clarifications regarding minor plan amendment categories and procedures,
3. Adopt a clear and legally accurate description of specific plans,
4. Clarifications about the role of the City Council, and
5. Non-substantive editorial changes to the Chapter.

The reasons for these proposed changes are because of factual errors in some of the language, vague descriptions that make it difficult to understand the categories for amendments, incomplete information about the relationship of the Plan to other laws and regulations, and illogical gaps in the categories provided in the ratified Regional Plan.

There will be no financial impact for the City based on this decision.  Property owners may have to anticipate different costs and timelines for rezoning and annexation requests based on this change in criteria.

Overall, the amendments to Chapter 3 are expected to increase the breadth of criteria for major plan amendments.  It is difficult to predict how that will impact the number of major plan amendments proposed because they are so rare. See Attachment D: Description and Analysis of Proposed Amendments for the more detailed policy impacts.

COUNCIL GOALS:

7) Continue to implement the Flagstaff Regional Plan and focus efforts on specific plans

8) Improve effectiveness of notification, communication, and engagement with residents, neighborhoods and businesses and about City services, programs, policies, projects and developments

 

REGIONAL PLAN:

Policy CC.1.3. Design development patterns to maintain the open character of rural areas, protect open lands, and protect and maintain sensitive environmental areas like mountains, canyons, and forested settings.

Policy LU.1.1. Plan for and support reinvestment within the existing city centers and neighborhoods for increased employment and quality of life.

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 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.1. Create a healthy environment for business by ensuring transparent, expeditious, and predictable government processes.

Policy ED.1.2. Steadily improve access to easily understandable public information.

The City Council has been reviewing and analyzing this proposed amendment, since August 30, 2016.  This is the seventh public hearing date at which the amendment will be discussed. At the October 18th City Council meeting, the Council narrowed the choices for major plan amendment criteria to the two options presented tonight.

Two versions of the Flagstaff Regional Plan 2030 Replacement Pages for Chapter 3 have been provided to accompany the Resolution. Option 1 and 2 (Attachments B and C respectively)are identical from pages III-1 to III-13.  The differences are on pages III-14 and 15 are:

• For Category 1: Urban Growth Boundary - Option 1 exempts changes to the urban growth boundary "where services are already provided, or for the purpose of designating Parks/Open Space area type." Option 2 does not.
• For Category 7: Activity Centers -
  • Option 1 includes the following criteria:
    • Moving the center of an existing activity center.
    • Reduction in the category of an existing activity center (urban to suburban, suburban to rural, or regional to neighborhood).
  • Option 2 includes the following criteria:
    • Moving the center of an existing or future activity center.
    • Reduction in the category of an activity center (urban to suburban, suburban to rural, or regional to neighborhood) without creating a proportional increase in the scale of an activity center elsewhere in Flagstaff.
• For Category 9: Text Amendments - Option 2 contains major plan amendment criteria for "Changes to the Criteria for Major Plan Amendments." Option 1 does not.

There are three legal mechanisms that work together to establish the process for major and minor plan amendments of the Regional Plan. The first is A.R.S. §9-461.06. Adoption and amendment of general plan; expiration and readoption. This statute requires that the City “Adopt written procedures to provide effective, early and continuous public participation in the development and major amendment of general plans from all geographic, ethnic and economic areas of the municipality.” The statute only discusses procedures, and leaves the decision of what changes trigger the major amendment process to each municipality. The minimum requirements for the major plan amendment process are:
 

• Major plan amendments must be completed prior to submittal of rezoning or annexation applications; A 60 day review of the proposed major plan amendments is required by specific agencies and anyone who requests such opportunities;
• Planning and Zoning Commission will hold two or more public hearings at different locations within the municipality to promote citizen participation; and
• The City Council will review all major plan amendments at a single public hearing during the calendar year the proposal is made

Flagstaff City Code Title 11-10, General Plan Amendment, further refines the procedures by adding the requirement for a neighborhood meeting or Citizen Review Session, and by providing procedures for minor plan amendments and adoption of new elements. In Flagstaff, minor plan amendments do not require a review period and only require one public hearing with the Commission before presentation to the Council. Minor plan amendment applications can be processed concurrent with applications for rezoning and annexations.

In June 2014, approximately a year after adopting the Regional Plan, the Council adopted amendments to Title 11 to clarify procedures and to remove content that related to the previous version of the Plan. Clarifications about submittal requirements were also needed, but these were put on hold pending completion of the Chapter 3 plan amendment and consideration of how to address impact analyses for major and minor plan amendments and specific plans.

The Regional Plan provides the last piece of the major plan amendment puzzle by establishing categories of amendments that will be subject to the major plan amendment procedures found in A.R.S 9-461.06 and Title 11 of the City Code. Chapter 3 of the document also describes the status of specific plans and how they relate to the General Plan, as well as how the plan will be used by City staff and the community.

The key considerations for this decision is whether or not the proposed amendments to Chapter 3 will:

1. Provide for clear and effective implementation of the Flagstaff Regional Plan,
2. Accurately reflect the legal environment of plan implementation,
3. Promote a fair and predictable government process applicants, and
4. Give the community ample opportunity to participate in decisions regarding plan amendments of all types.

Consult - The Comprehensive Planning Manager met with individuals and groups that were involved in the development of the Regional Plan and asked about their thoughts on major plan amendments before developing a detailed proposal for the public to review.  This early feedback influenced several criteria in the table, including making goals and policies a major plan amendment category.

Involve - Staff provided a traditional public review period and posted the sections that changed the most on the Flagstaff Community Forum for the public to comment on and share ideas about how the changes could be different or clearer.