Consideration and Adoption of Resolution No. 2019-48 and Ordinance No. 2019-31:  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-19-00095 Updates to Zoning Code 2019 - Accessory Dwelling Units"; 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 10-40.60: Specific to Uses, 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-19-00095) includes changes to the Zoning Code to resolve conflicts, incorporate technical corrections, add clarity, and to simplify the existing requirements pertaining to accessory dwelling units.

On August 14, 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 adding the Seasonal Amusement/Entertainment and Sales, Indoor and related provisions to the Light Industrial (LI) zone.  Also, on June 26, 2019, the Planning and Zoning Commission recommended approval to the City Council of an amendment to the Zoning Code to address a series of miscellaneous technical, conflict resolution, and clarity modifications.

Proposed Amendment
The proposed amendment includes multiple changes to the Zoning Code to resolve conflicts, incorporate technical corrections, add clarity, and to simplify the existing requirements.  New provisions are being added, and several sections of the reference divisions are being modified, relocated, or deleted. The proposed amendment includes:

• Accessory Dwelling Units (ADUs) (10-40.60.030): Modify the design and development standards for ADUs to reclassify attached and detached ADUs to attached, detached, and interior ADUs.  Revise, consolidate, and clarify the provisions for the ADUs to address the new types of ADUs. Incorporate provisions related to subdividing a lot that contains an existing ADU. Incorporate clarifications and modifications pertaining to an ADU on a lot greater than one acre.
• Definition of Specialized Terms, Phrases, and Building Functions (Division 10-80.20): Modify and add various definitions of the Zoning Code, including: Accessory Dwelling Unit (ADU), Attached; Accessory Dwelling Unit (ADU), Detached; and Accessory Dwelling Unit (ADU), Interior.

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 most significant of the proposed modifications pertain to the reclassification of attached and detached ADUs to attached, detached, and interior ADUs.  This modification is intended to provide clarity to the different types of ADUs and maintains promoting this use, where appropriate (NH 3.2 of the Regional 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.

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 resolve 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 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.

On May 29, 2019, a public open house meeting and the Planning and Zoning Commission's work session and public hearing were advertised in the Arizona Daily Sun in accordance with State Statute and the Zoning Code.  Also, persons of interest that were on file with the Planning and Development Services Division were notified of the work session and hearing via first class mail. Additional notification of the Planning and Zoning Commission's public hearing was published in the Arizona Daily Sun on July 27, 2019, in accordance with State Statute and the Zoning Code. The public open house meeting was held on June 10, 2019, which was attended by one person. The Planning and Zoning Commission's work session was held on June 26, 2019, and the Commission's public hearing was held on August 14, 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.