Consideration and Adoption of Ordinance No. 2026-02: An Ordinance of the City Council of the City of Flagstaff, amending the Flagstaff City Code, Title 10, Flagstaff Zoning Code, Chapter 10-40 Specific to Zones, Division 10-40.30 Non Transect Zones.

Consideration and Adoption of Ordinance No. 2026-03: An Ordinance of the City Council of the City of Flagstaff, the Flagstaff City Code, Title 11, General Plans and Subdivisions, Chapter 11-20: Subdivision and Land Split Regulations, Division 11-20.40: Subdivision Procedures and Requirements. 
 

1. Read Ordinance No. 2026-02 by title only for the final time
2. City Clerk reads Ordinance No. 2026-02 by title only (if approved above)
3. Adopt Ordinance No. 2026-02
4. Read Ordinance No. 2026-03 by title only for the final time
5. City Clerk reads Ordinance No. 2026-03 by title only (if approved above)
6. Adopt Ordinance No. 2026-03

City’s request for a Zoning Code Text Amendment to modify Title 10, Flagstaff Zoning Code, Chapter 10-40: Specific to Zones, Division 10-40.30: Non-Transect Zones, Section 10-40.30.040: Commercial Zones, Table 10-40.30.040.B: Commercial Zones – Allowed Uses footnotes 5 and 7 to remove a conflict on allowed density for the Community Commercial zone; and for a Subdivision Code Text Amendment to modify Title 11, General Plans and Subdivision, Chapter 11-20: Subdivision and Land Split Regulations, Division 11-20.40: Subdivision Procedures and Requirements to remove requirements for Preliminary Plats to be reviewed by Council in accordance with recent state legislation.  The Planning & Zoning Commission unanimously recommended (7-0) approval of this amendment at their regular meeting on January 28, 2026.

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.

There has not been a previous City Council decision on either Ordinance.

The City Council may adopt, modify, or deny the proposed City Code Text Amendments.

The purpose of the proposed amendment is to clean up two provisions that have created confusion and/or conflict with recent legislation. The proposed amendment includes two minor modifications as described below:

Amend Title 10, the Flagstaff Zoning Code for the purpose of modifying, Chapter 10-40: Specific to Zones, Division 10-40.30: Non-Transect Zones, Section 10-40.30.040: Commercial Zones, Table 10-40.30.040.B Commercial Zones – Allowed Uses footnotes 5 and 7, as follows:
 

5.

Residential uses in the SC, CC, HC, CS and CB zones existing prior to the effective date of this Zoning Code are considered legal, conforming uses. Residential uses in the HC, CS and CB zones shall be subject to the development standards setbacks, lot coverage, and building height established in the HR zone. Residential uses in the SC, CC and NCC zones shall be subject to the development standards setbacks, lot coverage, and building height established in the MR zone.

 

7.	Residential Developments with less than 5 Dwelling Units are permitted by right on existing lots 9,000 square feet or less subject to the building placement and building form setbacks, lot coverage, and building height requirements of the MR zone.

This clean up is to clarify that the Medium Density Residential zone density allowances are not to be applied to developments in the Community Commercial zone which has its own density allowance.

Amend Title 11, General Plans and Subdivision, Chapter 11-20: Subdivision and Land Split Regulations, Division 11-20.40: Subdivision Procedures and Requirements, Section 11-20.40.030: Preliminary Plat, Subsection 11-20.40.030.E: Preliminary Plat Review and Approval is hereby amended as follows:

5.    Approval of Preliminary Plat by City Council. Any preliminary plat with modifications to Title 13, Engineering Design Standards and Specifications for New Infrastructure, shall be approved by City Council prior to submission of engineering plans.

At the time this provision was added to the Subdivision Code, administrative review of subdivision plats was voluntary or not required.  It is now required by state law that plats be reviewed and approved administratively.  The Engineering Standards already include provisions for the processing of modifications which was previously administrative. 

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;
Flagstaff Regional Plan 2030

• 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 LU.1.7. Consider creative policy and planning tools as a means to incentivize redevelopment and infill.

B.    Finding #2: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
The amendment provisions are not anticipated to be detrimental to the public interest, health, safety, convenience, or welfare of the City.  The amendment to the Zoning Code is simply a clarification that density is not modified for the Community Commercial zone through footnote 5 and 7.  The amendment to the Subdivision Code is in alignment with recent legislative changes requiring subdivisions to be reviewed administratively. 

C.    Finding #3: The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.
The amendment is internally consistent, utilizes the existing format, and does not conflict with other Zoning Code or Subdivision Code provisions. It maintains both Code’s purpose as a comprehensive contemporary set of land uses and requirements that are straightforward, usable, and easily understood.

Achieve a well maintained community through comprehensive and equitable code compliance, and development is comptable with community values.

• 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 LU.1.7. Consider creative policy and planning tools as a means to incentivize redevelopment and infill.

These amendments have no connection to the Carbon Neutrality Plan.

These amendments have no connections to the Housing Plan.