City Council Meeting - FINAL


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  14.A.       
Meeting Date: 09/07/2021  
Co-Submitter: Kevin Fincel
From: Christina Rubalcava, Senior Assistant City Attorney CR

Information
TITLE:
Consideration and Adoption of Resolution No. 2021-42:  A resolution approving two Binding Waivers of Enforcement relating to Assessor Parcel Numbers 101-35-002, 101-35-003, 101-35-004, and 105-10-481A located at the corner of Dale Avenue and Leroux Street and located at 3100 South Solitaires Canyon Drive.
STAFF RECOMMENDED ACTION:
1) Read Resolution No. 2021-42 by title only
2) City Clerk reads Resolution No. 2021-42 by title only (if approved above)
3) Adopt Resolution No. 2021-42
Executive Summary:
D&L Property LLC, Tony and Elyse Cullum, and Nacho Biz LLC are the owners of three parcels of land located at the corner of Dale Avenue and Leroux Street with APN 101-35-002, APN 101-35-003, and APN 101-35-004. Peter F. Knadler Family Living Trust is the owner of real property located at 3100 South Solitaires Canyon Drive with APN 105-10-481A.

On November 17, 2020, the Flagstaff City Council adopted a land use law, Ordinance 2020-28, generally referred to as the High Occupancy Housing amendments, which made various amendments to the Flagstaff Zoning Code. 
 
Arizona Revised Statutes §12-1134 (“Prop 207”) allows a property owner to seek just compensation when a city adopts a land use law that reduces the property owner’s existing rights to use, divide, sell, or possess private real property and such action reduces the fair market value of the property. On June 14, 2021, the property owners listed above filed claims for just compensation under Prop 207, asserting that the amendments to the Flagstaff Zoning Code adopted by Ordinance 2020-28 reduced their rights to use their respective properties and thereby reduced the fair market value of the properties. D&L Property LLC, Tony and Elyse Cullum, and Nacho Biz LLC are seeking $525,000 in just compensation and the Knadler Trust is seeking $1,200,000 in just compensation for the  alleged reduction in market value of the properties.
 
In response to a claim for just compensation under Prop 207, a city may reach an agreement with the property owner on the demanded compensation, deny the demanded compensation and defend such denial in litigation, amend the land use law, repeal the land use law, or issue to the property owner a binding waiver of enforcement of the land use law on the owner’s specific parcels.
 
If the City Council approves and adopts the attached resolution approving the two Binding Waivers of Enforcement for the properties identified above, these properties would not be subject to the High Occupancy Housing amendments adopted by Ordinance 2020-28.
Financial Impact:
Adoption of the resolution and approval of the Binding Waivers of Enforcement will moot the pending claims for just compensation. 
Policy Impact:
None.
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
None.
Has There Been Previous Council Decision on This:
No.
Attachments
Res. 2021-42
Ex. A D&L et al Binding Waiver of Enforcement
Ex B. Knadler Binding Waiver of Enforcement
Presentation
HOH Ord. 2020-28
HOH Res. 2020-59


    

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