Public Hearing, Consideration and Possible Adoption of Resolution No. 2016-13 and Ordinance No. 2016-22: Public hearing to consider proposed amendments to Flagstaff Zoning Code, by adoption of Resolution No. 2016-13, declaring the "2016 Amendments to City Code Title 10, Zoning Code, Division 10-50.100, Sign Standards and Other Related Divisions" a public record, and adoption of Ordinance No. 2016-22 adopting amendments to Chapter 10-50 (Supplemental to Zones), Division 10-50.100 (Sign Standards), and other related amendments in Chapter 10-20 (Administration, Procedures and Enforcement), Chapter 10-80 (Definitions) and Chapter 10-90 (Maps); and adoption of Ordinance No. 2016-22, adopting amendments to Flagstaff Zoning Code Chapter 10-50 (Supplemental to Zones), Division 10-50.100 (Sign Standards), and other related amendments in Chapter 10-20 (Administration, Procedures and Enforcement), Chapter 10-80 (Definitions) and Chapter 10-90 (Maps), by reference. (Zoning Code Amendments - Sign Standards)

The attached Resolution 2016-13 includes all of the proposed amendments in cross out/underline format. Additional edits made since the June 7, 2016, first reading are summarized in the attached table.

Adoption of the proposed amendments to the City's sign standards will not have a financial or budgetary impact.

COUNCIL GOALS:
7) Address key issues and processes related to the implementation of the Regional Plan.

REGIONAL PLAN:
The Flagstaff Regional Plan 2030 supports the amendments to Division 10-50.100 (Sign Standards) with the following goals and policies:

Goal CC.1.       Reflect and respect the region’s natural setting and dramatic views in the built environment. The proposed amendments support this goal by ensuring the aesthetic beauty of the City’s natural and built environment is protected (Purpose statement B.5).
 
Policy ED.7.1.    Support planning, design, and development that positively, creatively, and flexibly contribute to the community image.”

The Council held an executive session and work session on December 8, 2015, to discuss the proposed amendments to Division 10-50.100 (Sign Standards) and an additional executive session on April 12, 2016. The amendment was presented and the public hearing opened at the May 17, 2016, City Council meeting. The hearing was continued to June 7, 2016, where the amendment was adopted on first reading.

None.

In June 2015 the US Supreme Court rendered its decision in the Reed v. Town of Gilbert sign code case which clarified when government regulation of speech is content based. Content-based laws are presumptively unconstitutional. The key takeaway from the Reed case is that cities cannot categorize signs based on the topic or message being conveyed and then impose restrictions within each content-based category. For example, the current sign code provides different standards for different types of temporary signs such as real estate signs, new development construction signs, political signs, and commercial advertising signs. Subjecting each category of signs to different restrictions is no longer permissible under Reed.

Section 10-20.50.100.F of the Zoning Code establishes findings for the approval of text amendments. It is staff's recommendation that the proposed amendments to Division 10-50.100 (Sign Standards) and other related Divisions meet the following findings for text amendments:

1. The proposed amendment is consistent with and conforms to the objectives and policies of the General Plan and any applicable specific plan;
2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and
3. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.

None.

Flagstaff residents and business owners will benefit from the adoption of these proposed amendments as they will simplify the permitting processes for portable signs, clarify and simplify standards and procedures, and provide consistency with the US Supreme Court's decision in the Reed v. Town of Gilbert sign case by ensuring that the sign standards do not contain content-based regulations.

INFORM, CONSULT, and INVOLVE
Once a preliminary draft of the proposed amendments to the Sign Standards was completed, staff engaged members of such local organizations as Friends of Flagstaff’s Future, Northern Arizona Builders Association, Northern Arizona Association of Realtors, and the Flagstaff Chamber of Commerce Economic Development Committee to solicit their comments. Also, a number of articles were published in the Flagstaff Business News and Cityscape, and staff has participated in frequent interviews on KAFF Radio.
 
Consistent with state law and the requirements of the Zoning Code the Planning and Zoning Commission held a work session on the proposed sign code amendments on February 10, 2016. No residents were in attendance and no comments were provided to the Commission. The Council also held a work session on December 8, 2015 on the proposed amendments at which time general policy direction was provided to staff. No residents spoke to the Council at that work session.
 
In advance of all Council and Planning and Zoning Commission work sessions as well as the Commission’s February 24^th public hearing, staff sent out an email to local stakeholder organizations.  These groups were requested to forward the email to their members. Radio spots on KAFF radio continue, and information on the amendments was posted on the City’s Facebook page. Further, in compliance with state law and the Zoning Code’s noticing requirements, a ¼ page display advertisement was printed in the Arizona Daily Sun in advance of all public meetings and public hearings of the Planning and Zoning Commission and the City Council.

About six members of the public attended the Planning Commission's February 24th public hearing, but none chose to speak to the Commission. At this meeting the Commission unanimously recommended that the Council approve the amendments to Division 10-50.100 (Sign Standards) attached to Resolution 2016-13.

None.