City Council Meeting - FINAL

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Meeting Date: 05/17/2022  
From: Tiffany Antol, Senior Planner

Consideration and Adoption of Ordinance No. 2022-11:  An Ordinance of the City Council of the City of Flagstaff, Amending the Flagstaff City Code, Title 10, Flagstaff Zoning Code, Division 10-20.40: Permits and Approvals, Section 10-20.40.060: Development Agreement to add subsection E. Notification Requirements for a Development Agreement.  Providing for penalties, repeal of conflicting ordinances, severability, and establishing an effective date.
At the May 3, 2022, Council Meeting:
1) Read Ordinance No. 2022-11 by title only for the first time
2) City Clerk reads Ordinance No. 2022-11 by title only (if approved above)
At the May 17, 2022, Council Meeting:
3) Read Ordinance No. 2022-11
4) City Clerk reads Ordinance No. 2022-11 by title only (if approved above)
5) Adopt Ordinance No. 2022-11
Executive Summary:
The proposed amendment is to add notification requirements for Development Agreements.
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
  • Encourage public trust through transparency, accessibility and use of the City's public participation policy.
  • Create a welcoming community through partnerships, resilient neighborhoods, and civic engagement.
Carbon Neutrality Plan
  • ES-2: Proactively engage community members on an ongoing basis.
Regional Plan
There are no specific goals or policies in the Regional Plan regarding public notification or engagement.
Has There Been Previous Council Decision on This:
There has not been a previous City Council decision on this Ordinance.
Options and Alternatives:
The City Council may adopt, modify, or deny the proposed amendment.
The proposed amendment is to add notification requirements for Development Agreements including modification to existing agreements.  A development agreement is a legally binding contract between a property owner or developer and a local government, often including terms not otherwise required through existing regulations.

The proposed amendment includes the following:

10-20-.40.060 Development Agreements
E. Notification Requirements
1.  Notice of a Development Agreement, including an amendment to an existing agreement.  Prior to consideration of any action on a Development Agreement, notice of the City Council's public meeting shall be provided pursuant to the public hearing requirements of Section 10-20.30.080. Notice of Public Hearings.
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 engage and inform the public on the development agreement process.  There are no specific goals and policies that reference increasing public engagement on this topic.  However, the intention of the Regional Plan is to engage the public in development cases that are often subject to development agreements.  This text amendment is more of an administrative directive rather than a substantive development standard modification.
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 provision is intended to provide additional community notification.

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 in the Arizona Daily Sun.  As of the date of this report, staff has not received any questions or comments from the public.
Ord. 2022-11
Planning & Zoning Commission Staff Report


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