City Council Meeting - FINAL


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  9.A.       
Meeting Date: 10/04/2022  
From: Wesley Welch, Associate Planner

Information
TITLE:
Consideration and Adoption of Ordinance No. 2022-25:  An ordinance of the City Council of the City of Flagstaff amending the Flagstaff City Code, Title 11, General Plans and Subdivision, Division 11-10.20: Additional Procedures for Comprehensive Plan Updates, New Elements, and Major Amendments to the General Plan, providing for repeal of conflicting ordinances, severability, and establishing an effective date.
STAFF RECOMMENDED ACTION:
1) Read Ordinance No. 2022-25 by title only for the final time
2) City Clerk reads Ordinance No. 2022-25 by title only (if approved above)
3) Adopt Ordinance No. 2022-25
Executive Summary:
The proposed amendment is to remove a reference to the public participation procedures within Flagstaff City Code Title 10, Zoning Code that conflict with the requirements for public participation procedures within Flagstaff City Code Title 11, General Plans and Subdivision. The amendment also modifies the major plan amendment application process procedures in alignment with House Bill 2482 which requires that plan amendments be presented in a City Council public hearing within 12 months of the submission of the application. This new legislation removes the requirement for all major plan amendments to be presented at a single public hearing during the calendar year.
Financial Impact:
There are no anticipated financial impacts affiliated with the proposed City Code Text Amendment.
Policy Impact:
There are no anticipated policy impacts affiliated with the proposed City Code Text Amendment.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
High Performing Governance - Serve the public by providing high quality customer service.

Carbon Neutrality Plan
CR-1: Ensure all mitigation actions improve Flagstaff's ability to adapt to the future. 

Regional Plan
Goal ED.1. Create a healthy environment for business by ensuring transparent, expeditious, and predictable government processes. 
Has There Been Previous Council Decision on This:
There have been no previous Council decisions on this.
Options and Alternatives:
The City Council may adopt, modify, or deny the proposed amendment. 
Background/History:
The proposed amendment includes the following:

Delete Section 11-10.20.010.E

E.    All Comprehensive Plan updates are subject to the public participation procedures established in Section 10-20.30.060, Neighborhood Meeting.

And modify Section 11-10.20.020.B.1.a as follows:

B.    Supplemental Procedures for Major Plan Amendments. In addition to the common procedures provided in Section 11-10.10.020, a major amendment to the General Plan shall be adopted in the following manner:
1.    Application Deadline.
a.    All applications for major plan amendments to the General Plan shall be presented at a City Council public hearing within twelve months of the date of submission of a complete application.  heard by the Council at a single public hearing during the calendar year in which they are filed. In order to provide sufficient time for comprehensive review of an application for a major plan amendment, the Director shall determine the application date each year for major plan amendment requests. The following typical submittal dates apply:
April 1st – Pre-application meeting deadline;
May 1st – Application deadline for completeness review of the application by the Review Authority;
July 1st – Application deadline for submittal of the final application;
October – Planning Commission public hearings commence;
December – Council public hearing.
b.    Incomplete applications or applications submitted after the July 1st deadline established in subsection (B)(1)(a) of this section will not be processed.
Key Considerations:
A City 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 proposed amendment supports the objectives and policies of the General Plan by supporting the process and procedures for major plan amendments. 

B. Finding #2: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; 
The proposed amendment is to ensure City Code is in alignment with current state law and to correct a conflict between procedures listed in two separate divisions of City Code. 

C. Finding #3: The proposed amendment is internally consistent with other applicable provisions of City Code.
The proposed amendment corrects an internal conflict between Title 10, Zoning Code and Title 11, General Plans and Subdivision and updates City Code with recent Arizona legislative changes.
Attachments
Ord. 2022-25
Application


    

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