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  10.C.       
Meeting Date: 09/06/2022  
From: Christina Rubalcava, Senior Assistant City Attorney CR

TITLE:
Consideration and Adoption of Resolution No. 2022-44:   A resolution approving Binding Waivers of Enforcement for thirteen parcels of land located in the City of Flagstaff.
STAFF RECOMMENDED ACTION:
1) Read Resolution No. 2022-44 by title only
2) City Clerk reads Resolution No. 2022-44 by title only (if approved above)
3) Adopt Resolution No. 2022-44
Executive Summary:
On May 5, 2020, the Flagstaff City Council adopted a land use law, Ordinance 2020-11, generally referred to as the Miscellaneous Part 1 amendments, which made various amendments to the Flagstaff Zoning Code. 

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.

The property owners listed in the attached Binding Waiver of Enforcement filed claims for just compensation under Prop 207, asserting that the amendments to the Flagstaff Zoning Code adopted by Ordinance 2020-11 and Ordinance 2020-28, respectively, reduced their rights to use their respective properties and thereby collectively reduced the fair market value of the four properties by approximately $75 million.
 
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 Binding Waiver of Enforcement for the thirteen properties identified therein, eleven of these properties will not be subject to the High Occupancy Housing amendments adopted by Ordinance 2020-28, and the remainder will be permitted to develop a stacked triplex with a minimum lot width of only 50 feet.
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 Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
None.
Has There Been Previous Council Decision on This:
No.
Attachments
Res. 2022-44
Ex. A Binding Waiver of Enforcement
Ord. 2020-11 (Misc.)
Res. 2020-17 (Misc.)
Ord. 2020-28 (HOH)
Res. 2020-59 (HOH)
Presentation


    

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