City Council Meeting - FINAL

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Meeting Date: 03/01/2022  
From: Tiffany Antol, Senior Planner

Consideration and Adoption of Resolution No. 2022-05 and Ordinance No. 2022-04:  A Resolution of the City Council of the City of Flagstaff, Coconino County, Arizona, declaring as a public record that certain documents filed with the City Clerk and entitled "PZ-21-00282 Updates to Zoning Code - Residential Sustainable Building Incentives" 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, to modify the existing Residential Sustainable Building Incentives.
1) Adopt Resolution No. 2022-05
2) Read Ordinance No. 2022-04 by title only for the final time
3) City Clerk reads Ordinance No. 2022-04 by title only (if approved above)
4) Adopt Ordinance No. 2022-04
Executive Summary:
The proposed amendment (Exhibit A to Resolution No. 2022-05) is to assist in implementing the goals and policies of the Flagstaff Regional Plan 2030, the Climate Action and Adaptation Plan, and the Flagstaff Carbon Neutrality Plan.  To assist in achieving these goals and policies, multiple changes to the Zoning Code’s Residential Sustainable Building Incentives are proposed. New provisions are being added, and several existing regulations are being deleted or modified.  The most significant of the modifications include:
  • Removing the HERS 50 energy efficiency density bonus provisions;
  • Incorporating density bonus provisions for all-electric energy-efficient buildings and buildings that are constructed to comply with one of several available energy efficiency certifications;
  • Incorporating Electric Vehicle Supply Equipment provisions;
  • Revising the waste reduction requirements to include a Material Management Plan and a Construction and Demolition Waste Management Plan;
  • Allowances for the Planning Director to enter into an agreement with property owners that comply with the Residential Sustainable Building Standards to increase their residential density by 25%; and
  • Adding the term Electric Vehicle Supply Equipment (EVSE) to the definitions.

The Planning and Zoning Commission reviewed and provided a recommendation of       at the February 9, 2022, Planning and Zoning Commission meeting.

The ordinance, resolution, and exhibits have been updated to reflect the amendments made by Council on February 15, 2022.
Financial Impact:
There are no anticipated financial impacts affiliated with the proposed Zoning Code Text Amendment.
Policy Impact:
There are no anticipated policy impacts affiliated with the proposed Zoning Code Text Amendment.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
  • Implement innovative local government programs, new ideas & best practices; be recognized as a model for others to follow.
  • Achieve a well-maintained community through comprehensive & equitable code compliance, & development that is compatible with community values.

Carbon Neutrality Plan
EM-3: Support residents, businesses and institution in the transition to electric vehicles.
FS-2: Encourage new buildings to rely on the electric grid as their main energy source.
MM-3: Divert more waste from the landfill.

Regional Plan
Staff's analysis of the Regional Plan's goals and policies is included below under Key Considerations under the Zoning Code Text Amendment Criteria heading, Finding #1 of this report.  In addition, a narrative with both Regional Plan and Specific Plan analysis is included as attachment to this report.
Has There Been Previous Council Decision on This:
There has not been a previous City Council decision on the ordinance.
Options and Alternatives:
The City Council may adopt, modify, or deny the proposed amendment.
Summary of the Staff Revisions to the Zoning Code:

The proposed amendment includes:
1.    Purpose (Section 10-30.70.010):
  • The purpose has been updated to remove the references to the HERS 50 energy efficiency and align it with the proposed revisions that are intended to foster the production of energy and resource-efficient residential buildings. 
2.    Density Bonus (Section 10-30.70.030):
  • The provisions have been modified to require that an entire residential development complies with the proposed minimum standards of Section 10-30.70.040 (Water Resource Protection, Transportation/Air Quality, Waste Reduction and Energy Efficiency) in order to receive a 25% increase in the maximum allowed density permitted in the designated zone.
  • Table 10-30.70.030.A: Percentage of Housing Units Meeting HERS 50 and Corresponding Density Bonus has been deleted. The HERS 50 energy efficiency standard is being replaced with the new provisions that require the entire development to comply with the proposed requirements.
3.    Minimum Standards (10-30.70.040):
  • Water Resource Protection.  The existing provisions have been updated to include all buildings within a residential development comply with reclaimed water, captured rainwater, or graywater.
  • Transportation and Air Quality. The provisions have been updated to require a residential development to be located within ¼ mile of a permanent transit stop or accommodate electric vehicle charging as follows:
    • Developments with five or more dwelling units shall provide parking spaces with Electric Vehicle Supply Equipment (i.e., charging  equipment).
    • Developments with less than five dwelling units shall provide a 240-volt outlet socket abutting at least one vehicle parking area per unit.
In addition, the route used to measure the distance from a permanent transit stop to a Development Site have been clarified.
  • Waste Reduction.  The provisions have been revised to incorporate:
    • A Materials Management Plan and a Construction and Demolition Waste Management Plan that demonstrates a significant reduction in landfill waste prepared in accordance with the requirements on file with the City’s Sustainability program and approved by the Sustainability Director, or their designee.
  • Energy Efficiency.  The HERS 50 compliance requirements have been replaced with three energy efficiency development options. The three options are: 1) All-electric, Net Zero Energy Building; 2) All-electric, Energy-Efficient Building; and 3) An All-Electric Building that Earns Triple Certification for Energy, Water, and Air Quality. A developer may choose any one of those options to satisfy the code requirements.
4.    Development Agreement (10-30.70.040):
  • The provisions of this section have been updated to allow the Planning Director to enter into an agreement with a property owner to comply with the program requirements to obtain a density bonus.
5.    Definitions “E” (10-80.20.050):
  • The definitions have been updated to include the term Electric Vehicle Supply Equipment (EVSE), which is the equipment necessary to transfer energy between the premises wiring and an Electric Vehicle. 
Key Considerations:
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 amendment's primary purpose is to implement the Regional Plan's (General Plan) goals and policies related to the production of energy and resource-efficient residential buildings. Therefore, the proposed modifications are intended to incentivize developers by providing a density bonus for developments constructed in conformation with the proposed Residential Sustainable Building Standards of the Zoning Code. The existing, modified, and proposed Zoning Code provisions address multiple goals and policies of the Regional Plan. These include:
  • Assisting  in improving Flagstaff’s air quality by reducing carbon and smoke emissions and greenhouse gases from fossil fuel appliances, vehicles, and energy inefficient buildings (Regional Plan Goals E&C.1. and E&C.2, and Policies E&C.1.2, E&C.2.2., E&C.2.3, and E&C.3.2.);
  • Assisting Flagstaff to achieve carbon neutrality and contribute to the community image by requiring developments to utilize all-electric applications, to be located near public transit and provide electric vehicle supply equipment, and to utilize energy-efficient construction technology and appliances (Regional Plan Goals E&C.2, and Policies E&C.1.2, E&C.2.1., E&C.2.4., ED.7.1., and E.1.5.);
  • Allowing the use of reclaimed and gray water and rainwater by requiring developments to provide  appropriate plumbing to use these water types (Regional Plan Policy WR.3.4);
  • Providing density bonuses as a method to promote land use patterns that increase energy efficiency, and incentivize developments that utilize green construction methods, cost and energy efficiency technologies, and conserve natural resources (Regional Plan Goal E.1, and Policies E.1.3, E.1.4., E.1.4., E.1.6., E.1.7., and E.1.10.); and
  • Extending the landfill's life by requiring developments during construction, demolition, and occupation to reuse, recycle, and salvage eligible debris material (Regional Plan Policies PF.1.7.).
It should be noted that the proposed modifications also assist in implementing the City Council adopted Climate Action and Adaption Plan and Flagstaff Carbon Neutrality Plan.

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 proposed provisions are intended to provide efficient residential buildings that minimize a development's overall energy, air, water, and waste material environmental impacts.

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 provisions. It maintains the Zoning Code’s purpose as a comprehensive contemporary set of land uses and requirements that are straightforward, usable, and easily understood.
Community Involvement:
Inform. Persons of interest on file with the Planning and Development Services section of the Community Development Division were notified of the Planning and Zoning Commission and City Council work sessions and public hearing via first-class mail. Moreover, notification of the work sessions and public hearings were published on the City’s Facebook and in the Arizona Daily Sun.  As of the date of this report, staff has received questions from one member of the public. 
Res. 2022-05
Exhibit A to Resolution No. 2022-05
Ord. 2022-04
Public Participation Plan
Narrative and Regional Plan Analysis


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