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

TITLE:
Public Hearing, Consideration, and Adoption of Ordinance No. 2022-12 :  An ordinance of the City Council of the City of Flagstaff, amending the Flagstaff Zoning Map to rezone approximately 7.29 acres of real property generally located at 2661 N El Paso Flagstaff Road, from the Highway Commercial (HC) zone with a Resource Protection Overlay (RPO) to the Heavy Industrial Open (HI-O) Zone with a Resource Protection Overlay (RPO), providing for severability, authority for clerical corrections, and establishing and effective date.
STAFF RECOMMENDED ACTION:
At the May 17, 2022, Council Meeting:
1) Hold the Public Hearing
2) Read Ordinance No. 2022-12 by title only for the first time
2) City Clerk reads Ordinance No. 2022-12 by title only (if approved above)
At the June 7, 2022, Council Meeting:
3) Read Ordinance No. 2022-12 by title only for the final time
4) City Clerk reads Ordinance No. 2022-12 by title only (if approved above)
5) Adopt Ordinance No. 2022-12
Executive Summary:
Direct to Ordinance Zoning Map Amendment requested by Square Peg Development, on behalf of the property owner Arizona State Land Department, of approximately 7.29 acres located at 2661 N El Paso Flagstaff Road from the Highway Commercial (HC) zone with the Resource Protection Overlay (RPO) to the Heavy Industrial Open (HI-O) zone with the Resource Protection Overlay (RPO).
Financial Impact:
No financial impacts are anticipated with this request.
Policy Impact:
There are no policy impacts affiliated with this request.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
Promote, protect & enhance a healthy, sustainable environment & its natural resources.
Increase the private sector's participation in environmental stewardship efforts.

Carbon Neutrality Plan
MM-3:  Divert more waste from the landfill
MM-4:  Reduce organic waste going to the landfill and feed hungry people.

Regional Plan
See attached Planning & Zoning Commission staff report for full analysis.
Has There Been Previous Council Decision on This:
There has been no previous Council decision on this application.
Options and Alternatives:
The City Council may approve the ordinance as proposed, approve the ordinance with modified conditions, or deny the ordinance.
Background/History:
This is the second of three related items on the Commission’s agenda; the first request is a Minor Regional Plan Amendment for 24.75 acres.This amendment is necessary to support this rezoning application.
 
The applicant, Square Peg Development, is requesting a Direct to Ordinance Zoning Map Amendment on behalf of the property owner, Arizona State Land Department, to rezone approximately 7.29 acres from the Highway Commercial (HC) zone to the Heavy Industrial Open (HI-O) zone located at 2661 N El Paso Road. This amendment would allow the development of a Composting Facility for the purposes of producing mulch, compost, soil amendments, screened aggregates, and value-added forest-based products. The chip and mulch operation will utilize and process waste biomass and natural feedstocks, including but not limited to logs, slash, stumps, soil, and screened aggregates. Ancillary forest industry operation such as biomass chipping and grinding, portable sawmills, pole peeling, and firewood processing may operate on site with the by-products of these operations used in compost, soil amendment, and native soils mixes. The proposed uses are as follows:
  • Composting Facility
  • Solid Amendment and Native Soil Mix Processing
  • Screened Aggregate Processing
  • Biomass Based Mulch and Wood Chip Manufacturing
  • Portable Timber Mill Operation
  • Firewood and Associated Bark Mulch Processing
  • Forest Industry Material and Equipment Storage
Key Considerations:
Zoning Map Amendment Findings
An application for a Zoning Map Amendment shall be submitted to the Planning Director and shall be reviewed and a recommendation prepared.  The Planning Director’s recommendation shall be transmitted to the Planning and Zoning Commission in the form of a staff report prior to a scheduled public hearing.  The recommendation shall include: an evaluation of the consistency and conformance of the proposed amendment with the goals and policies of the General Plan and any applicable specific plans; the grounds for the recommendation based on the standards and purposes of the zones set forth in Section 10-40.20 (Establishment of Zones) of the Zoning Code; and whether the amendment should be granted, granted with conditions to mitigate anticipated impacts caused by the proposed development, or denied. 
 
Zoning Map Amendments shall be evaluated based on the following findings:
 
A.   Finding #1:
The proposed amendment must be found to be consistent with and in conformance with the goals and policies of the General Plan and any applicable specific plans.  If the application is not consistent with the General Plan, and any other applicable specific plan, the applicable plan must be amended in compliance with the procedures established in Chapter 11-10 of the City Code (Title 11: General Plans and Subdivisions) prior to considering the proposed amendment.
 
See Minor Regional Plan Amendment staff summary.

B.   Finding #2
To meet the finding, the proposed amendment must be determined not to be detrimental to the public interest, health, safety, convenience, or welfare of the City of Flagstaff (the “City”) and will add to the public good as described in the General Plan.
 
Staff believes that the proposed project will not be detrimental to the public health, safety, or welfare so long as it is developed in accordance with all codes and requirements. 
 
C.    Finding #3
To meet the finding, the affected site must be determined to be physically suitable in terms of design, location, shape, size, and operating characteristics; and the provision of public and emergency vehicle access, public services, and utilities to ensure that the requested zone designation and the proposed or anticipated uses and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
 
Staff believes that the proposed application meets this finding.  The Inter-Division Staff reviewed the application and concluded that the site was suitable for the proposed development with the improvements as identified in this report.  The IDS team based its conclusion on the review of all applicable codes and requirements as well as impact analysis for the site.
Community Benefits and Considerations:
Community benefits and considerations related to this request are addressed in more detail in the attached Planning & Zoning Commission Staff Report date April 11, 2022.
Community Involvement:
Public hearings before the Planning and Zoning Commission and City Council are conducted in conjunction with requests for Zoning Map Amendments.  In accordance with Arizona State Statute, notice of the public hearing was provided by placing an ad in the Arizona Daily Sun, posting notices on the property, and mailing a notice to all property owners within 300 feet of the site excluding rights-of-ways.
 
The applicant held one virtual neighborhood meeting using the Zoom platform regarding this case on April 7th at 6:00pm.  No one from the public attended the meeting.  The second required meeting was waived by the Planning Director.  Staff has not received any comments from the public as of the writing of this report.
Attachments
Application
Authorization Letter
Planning & Zoning Commission Staff Report
Ord. 2022-12
Rezone Legal Description
Project Narrative & Regional Plan Analysis
Site Plan
Preliminary Drainage Letter
Neighborhood Meeting Plan


    

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