Consideration and Adoption of Ordinance No. 2013-22:  An ordinance of the Council of the City of Flagstaff, Arizona, Amending Title 10, Zoning Code, Division 10-50.100, Sign Standards, Section 10-50.100.080, Sign Districts of Special Designation, of the Flagstaff Zoning Code by adding Section 10-50.100.080.E, Flagstaff Mall and Marketplace District. 

1) Read Ordinance No. 2013-22 for the final time by title only
2) City Clerk reads Ordinance No. 2013-22 by title only (if approved above)
3) Adopt Ordinance No. 2013-22

A Settlement Agreement between the City and Westcor (now Macerich Development) signed in December 2011, stipulated that the City would permit the construction of a new sign advertising the Flagstaff Mall and Marketplace at a location on the corner of N. Country Club Drive and E. Nestle Purina Avenue. These amendments are now presented to the Council for review and adoption.

By adopting this ordinance the City of Flagstaff honors the agreements it made with Macerich Development in the December 2011 Settlement Agreement. Failure to adopt this ordinance may result in the City incurring additional legal expenses.

1. Retain, expand, and diversify economic base
2. Effective governance

Yes, at the time the Settlement Agreement was signed the Council participated in a number of executive sessions and public discussions on this matter. A Public Hearing was held before City Council on October 15, 2013, and the ordinance was read for the first time.

Please refer to the Expanded Options and Alternatives below.

In late May 2013 staff received a request from Macerich Development (the current owners and developers of the Flagstaff Mall) for a text amendment to the Zoning Code to allow for the installation of a new 216 sq. ft. off-premise sign at the intersection of N. Country Club Drive and E. Nestle Purina Avenue to advertise the Flagstaff Mall and Marketplace. The placement of this sign at this location is one of a number of stipulations agreed to in a Settlement Agreement between Westcor (now Macerich Development) and the City of Flagstaff signed in December 2011. The Settlement Agreement between these two parties, a copy of which is attached, resolved ongoing legal issues as a result of a lawsuit filed against the City.

The amendments proposed in the new Section 10-50.100.080.E (Flagstaff Mall and Marketplace District) are necessary for compliance with the terms of the December 2011 Settlement Agreement.
 
The concept behind this sign is the same as that used in support of a sign erected for similar purposes at the intersection of Highway 89 and Route 66 for the Flagstaff Auto Park District, now included as Section 10-50.100.080.D of the Zoning Code.
 
The proposed amendments to this Section of the Zoning Code included in Ordinance 2013-22 show new text in underline, and text proposed to be deleted is shown as strikeout. A summary of the more significant amendments that warrant an explanation is provided in the narrative below:
 
Chapter 10-50                  Supplemental to Zones
Division 10-50.100          Sign Standards
Section 10-50.100.080.E (Flagstaff Mall and Marketplace District)
 
This is a new section of the Sign Standards Division of the Flagstaff Zoning Code that includes the following sub-sections:

Purpose
The purpose of the Flagstaff Mall and Marketplace District is established. 

Applicability
This section clearly defines the how the Flagstaff Mall and Marketplace District will be applied and a map is included to clearly define the District boundaries and identify the location of the proposed sign at the intersection of N. County Club Drive and E. Nestle Purina Avenue.

Permits
This section requires a sign permit to be issued for this new sign in accordance with the usual sign permitting procedures established in the Zoning Code. 

Design Standards
General standards are established in this section to define sign area, size, height, width, etc., as well as materials to be used on the sign. These dimensions and standards are based on the sign design submitted to staff (refer to Attachment E.) and they provide a framework for the maximum dimensions of the sign, as well as specific requirements for materials and illumination. The sign will be internally illuminated like all other Flagstaff Mall and Marketplace signs. By agreement with the owners of the Flagstaff Mall and Marketplace the name of the Flagstaff Auto Park will also be added to this sign. A rendering of the proposed sign is attached.


Sign Maintenance
This section requires that this new sign be maintained in accordance with the usual maintenance provisions of the Zoning Code. 


At the August 21, 2013 work session, the Planning and Zoning Commission asked staff to report on how the Flagstaff Mall and Marketplace District sign would comply with existing sign standards established in the Zoning Code. The narrative below was presented to the Commission at their September 11th public hearing. 

1. Section 10-50.100.040 (General Restrictions for All Signs) establishes location restrictions for all signs. Specifically, paragraph 6. on Page 50.100-6 prohibits the placement of an off-premise sign as follows; “Any commercial, advertising, or business sign that is not located on the premises of the business to which it refers.” However, as a special district will be established specifically for the Flagstaff Mall and Marketplace sign at the intersection of N. County Club Drive and E. Nestle Purina Avenue, it will not be considered an off-premise sign as intended in this section of the Zoning Code.  
    
2. Table 10-50.100.060.P (Standards for Permanent Signs) on Page 50.100-44 establishes the maximum height and area standards for building mounted and freestanding signs. Using these standards for a Type A sign on an arterial, the maximum height and area of the proposed Flagstaff Mall and Marketplace sign would be: 

 
* “Comp. Plan” means that subject to the standards established in Section 10-50.100.090 (Comprehensive Sign Programs), additional height and area is allowed once design incentives to provide for superior sign design are applied.
 
As proposed the sign area is 216 sq. ft. for each sign face. It will be 20 feet in height to the top of the sign cabinet, and 22 feet and six inches in overall height.
 
The proposed Flagstaff Mall and Marketplace sign complies with the standards for materials and illumination, and it is consistent in terms of its design with the approved comprehensive sign plan for the Flagstaff Mall and Marketplace.


The Flagstaff Mall and Marketplace District established to provide a new sign for the Mall and Marketplace is unique within the context of Flagstaff and the surrounding region. Listed below are a number of distinguishing facts that staff offers as justification, which the Council may choose to use as findings or arguments in support of the proposed amendments to Section 10-50.100.080 of the Zoning Code.

1. The Flagstaff Mall and Marketplace is a unique regional shopping center that draws people from outside the immediate Flagstaff area. Large signs are, therefore, helpful for people to locate the retail center. 
2. The site area of the Flagstaff Mall and Marketplace is over 40 acres (excludes the Flagstaff Autopark).
3. The original Mall was first opened in 1980 while the existing Marketplace expansion was approved in 2004 and opened in 2006.
    
4. This is the largest shopping mall in Flagstaff and it results in significant employee and customer traffic.
   Existing floor area data:
   Mall                             Over 350,000 sq. ft.
   Marketplace                Over 250,000 sq. ft.
   Total existing               Est. 600,000 sq. ft. of retail/restaurant space
5. Undeveloped Marketplace      Est. 150,000 sq. ft.
6. Total existing/proposed retail, restaurant, and theatre floor area - over 750,000 sq. ft.
7. Number of tenants:
   Flagstaff Mall               67
   Marketplace                  7
8. Total tax revenue for the Flagstaff Mall and Marketplace for the past four years is provided in the table below. This tax revenue is based on the 1% general sales tax, 0.721% transportation sales tax, and 2% BBB sales tax.
   

   Calendar Year	Flagstaff Mall	Marketplace	Total
   2009	$1,396,777	$851,973	$2,248,749
   2010	$1,374,713	$831,496	$2,206,209
   2011	$1,126,081	$912,416	$2,038,497
   2012	$1,005,611	$1,040,503	$2,046,114
   Annual Average	$1,225795	$909,097	$2,134.892

   
    
9. The proposed sign may help clarify directions for traffic going to the Mall and Marketplace along the same routes as significant tourist traffic traveling to Lake Powell and other northern Arizona attractions.

None.

The amendments proposed to the City’s Sign Regulations allowing for the new Flagstaff Mall and Marketplace District satisfies one of the stipulations of the December 2011 Settlement Agreement, and assures that no further costs will be incurred by the City on this issue.

INFORM - Staff has described the proposed amendments and provided updates to such organizations as Northern Arizona Builders Association, Flagstaff Chamber of Commerce, and Northern Arizona Association of Realtors.
 
An 1/8 page display advertisement was printed in the August 16, 2013 Arizona Daily Sun in advance of the August 21^st Planning and Zoning Commission work session, and a similar legal notice was printed in the August 23, 2013 Arizona Daily Sun at least 15 days in advance of the Planning and Zoning Commission’s September 11, 2013 public hearing and the Council’s October 15, 2013 public hearing as required by the Zoning Code.
 
At the August 21^st Planning and Zoning Commission work session no citizens addressed the Commission on this proposed amendment. However, the commissioners discussed this proposed amendment at length. At the Planning and Zoning Commission’s September 11, 2013 public hearing, the Commission by a 5-0 vote of the members present moved "to recommend that the City Council not approve the proposed amendments to Section 10-50.100.080.E (Flagstaff Mall and Marketplace District)." The Commission argued that the public has been left out of the process until at least the amendments were forwarded to the Commission; the City spent significant resources removing billboards, and that effort should be respected; and, the idea of allowing one developer a sign that no other developer could legally build is wrong.