DRAFT AGENDA
 
REGULAR COUNCIL MEETING
TUESDAY

MAY 17, 2022
  COUNCIL CHAMBERS
211 WEST ASPEN AVENUE

3:00 P.M.
 

All City Council Meetings are live streamed on the city's website (https://www.flagstaff.az.gov/1461/Streaming-City-Council-Meetings)

***PUBLIC COMMENT***


Verbal public comments may be given through a virtual public comment platform or in-person

If you want to provide a verbal comment during the Council Meeting, use the link below to join the virtual public comment room.

VIRTUAL PUBLIC COMMENT WAITING ROOM
 

Written comments may be submitted to publiccomment@flagstaffaz.gov. All comments submitted via email will be considered written comments and will be documented into the record as such.

 
             
1.
CALL TO ORDER

 
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
 
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that, at this regular meeting, the City Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the City’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).
 
2. ROLL CALL
 
NOTE: One or more Councilmembers may be in attendance through other technological means.
 
MAYOR DEASY
VICE MAYOR SWEET
COUNCILMEMBER ASLAN
COUNCILMEMBER HOUSE
 

COUNCILMEMBER MCCARTHY
COUNCILMEMBER SALAS
COUNCILMEMBER SHIMONI
 
 
3.
PLEDGE OF ALLEGIANCE, MISSION STATEMENT, AND LAND ACKNOWLEDGEMENT
 
MISSION STATEMENT
 
The mission of the City of Flagstaff is to protect and enhance the quality of life for all.

LAND ACKNOWLEDGEMENT
 
The Flagstaff City Council humbly acknowledges the ancestral homelands of this area’s Indigenous nations and original stewards. These lands, still inhabited by Native descendants, border mountains sacred to Indigenous peoples. We honor them, their legacies, their traditions, and their continued contributions. We celebrate their past, present, and future generations who will forever know this place as home.
 
4. APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
 
A.   Consideration and Approval of Minutes: City Council Regular Meeting of September 1, 2020, Regular Meeting of September 15, 2020, Joint City/County Work Session, Special Meeting (Executive Session) of April 12, 2022, Special Meeting (Executive Session) of April 19, 2022, Special Meeting (Executive Session) of April 25, 2022, Special Meeting (Executive Session) of April 26, 2022, Special Meeting (Executive Session) of April 28, 2022, and Special Meeting (Executive Session) of May 2, 2022.
 
  STAFF RECOMMENDED ACTION:
 
Approve the minutes of the City Council Regular Meeting of September 1, 2020, Regular Meeting of September 15, 2020, Joint City/County Work Session, Special Meeting (Executive Session) of April 12, 2022, Special Meeting (Executive Session) of April 19, 2022, Special Meeting (Executive Session) of April 25, 2022, Special Meeting (Executive Session) of April 26, 2022, Special Meeting (Executive Session) of April 28, 2022, and Special Meeting (Executive Session) of May 2, 2022.
 
5. PUBLIC PARTICIPATION

Public Participation enables the public to address the Council about an item that is not on the agenda. Comments relating to items that are on the agenda will be taken at the time that the item is discussed. If you wish to address the Council at tonight's meeting, please complete a comment card and submit it to the recording clerk as soon as possible. Your name will be called when it is your turn to speak. You may address the Council up to three times throughout the meeting, including comments made during Public Participation. Please limit your remarks to three minutes per item to allow everyone an opportunity to speak. At the discretion of the Chair, ten or more persons present at the meeting and wishing to speak may appoint a representative who may have no more than fifteen minutes to speak.
 
6. PROCLAMATIONS AND RECOGNITIONS
 
A. Proclamation: Kids to Parks Day
 
B. Proclamation: National Public Works Week
 
7.
COUNCIL LIAISON REPORTS
 
8. CONSENT ITEMS
 
All matters under Consent Agenda are considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the agenda. Unless otherwise indicated, expenditures approved by Council are budgeted items.
 
A.   Consideration of Ratification of Grant Agreement:  Ratify the Emergency Grant Agreement with Northland Family Help Center utilizing $75,873.43 of the American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds.
 
  STAFF RECOMMENDED ACTION:
 
  1. Ratify the Emergency Grant Agreement with Northland Family Help Center for the "Domestic Violence, Crisis and Youth Shelter Services Project" utilizing $75,873.43 of the American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds; and
  2. Authorize the City Manager to execute the necessary documents.
 
B.   Consideration and Approval of a Grant Agreement:  Approve the Grant Agreement between the City of Flagstaff and Flagstaff Shelter Services utilizing $135,592.57 of the American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds.
 
  STAFF RECOMMENDED ACTION:
 
  1. Approve the Grant Agreement between the City of Flagstaff and Flagstaff Shelter Services for “The Crown: Housing as Healthcare” project utilizing $135,592.57 of American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds; and 
  2. Authorize the City Manager to execute the necessary documents.
 
C.   Consideration and Approval of Grant Agreement: Approval of a Grant Agreement between the City of Flagstaff and Catholic Charities Community Services, Inc. in the amount of $88,534 distributed from the American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds.
 
  STAFF RECOMMENDED ACTION:
 
  1. Approve a Grant Agreement between the City of Flagstaff and Catholic Charities Community Services, Inc. for Homeless Services Improvement Projects utilizing $88,534.00 of the American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds; and
  2. Authorize the City Manager to execute the necessary documents.
 
D.   Consideration and Approval of Contract:  Approve the Cooperative Purchase Contract with Empire Southwest, LLC in the amount of $149,253.22 for the purchase of a mini-excavator for flood response activities to be reimbursed 100% by the Arizona Department of Forestry and Fire Management. 
 
  STAFF RECOMMENDED ACTION:
 
  1. Approve the Cooperative Purchase Contract with Empire Southwest, LLC in the amount of $149,253.22 for the purchase of a mini-excavator for flood response. Funding will be 100% reimbursed by the Arizona Department of Forestry and Fire Management; and
  2.  Authorize the City Manager to execute all necessary documents.
 
             
E.   Consideration and Approval of Contract:  Approve a Cooperative Purchase Contract with AZ Wastewater Industries, Inc. in the amount of $481,300.07 for a Stormwater 12-yard Combination Truck to be 100% reimbursed by the Arizona Department of Forestry and Fire Management.
 
  STAFF RECOMMENDED ACTION:
 
  1. Approve the Cooperative Purchase Contract with AZ Wastewater Industries, Inc. in the amount of $481,300.07 for a Stormwater 12-yard Combination Truck through the Sourcewell cooperative contract #101221-SCA; and
  2. Authorize the City Manager to execute all necessary documents.
 
F.   Consideration and Approval of Contract:  Consideration of Materials and Services contract to Salt River Extraction, LLC DBA SRE Environmental in an amount not to exceed $49,900 per fiscal year.
 
  STAFF RECOMMENDED ACTION:
 
  1. Consider and approve the Contract for Material and Services with Salt River Extraction, LLC DBA SRE Environmental, for water hauling services to the Cinder Lake Landfill for the amount of not to exceed $49,900 per fiscal year; and
  2. Authorize the City Manager to execute the necessary documents.
 
G.   Consideration and Approval of Grant Agreement:  Approve the grant agreement with the Arizona State Parks and Trails for a Heritage Fund Trails Grant to make accessibility enhancements at Buffalo Park and the Nate Avery FUTS Trail
 
  STAFF RECOMMENDED ACTION:
 
Approve the Grant Agreement with AZ State State Parks and Trails for the Nate Avery FUTS Trail in the amount of $100,000.
 
9. ROUTINE ITEMS
 
A.   Consideration and Approval of Preliminary Plat:  PZ-21-00236-03, Woodshire on West Oak, LLC requests Preliminary Plat approval for Woodshire on Oak Condominiums located at 302 W Oak Avenue, a condominium subdivision on 0.89 acres in the Medium Density Residential (MR) and High Density Residential (HR) Zones.
 
  STAFF RECOMMENDED ACTION:
 
Staff recommends the City Council approve the Preliminary Plat, in accordance with the findings presented in this report and the Planning and Zoning Commission recommendation (to be added before final agenda).
 
B.   Consideration and Approval of Preliminary Plat:  PZ-15-00015-22, Capstone Homes requests Preliminary Plat approval for Aries at Timber Sky Phase II (Block 7B) located at 3501 E Route 66, a single-family subdivision on 6.59 acres in the Single-Family Residential (R1) Zone. 
 
  STAFF RECOMMENDED ACTION:
 
Staff recommends the City Council (tbd ) the Preliminary Plat, in accordance with the findings presented in this report and the Planning and Zoning Commission recommendation (to be added before final agenda).
 
10. PUBLIC HEARING ITEMS
 
A.   Consideration and Adoption of Resolution No. 2022-21:  A Resolution amending the Flagstaff Regional Plan 2030 to change the area type designation on Maps 21 and 22 from Area in White area type and State Land to Employment area type for approximately 24.75 acres generally located at 2661 N El Paso Flagstaff Road; providing for severability, and establishing an effective date.
 
  STAFF RECOMMENDED ACTION:
 
1) Read Resolution No. 2022-21 by title only
2) City Clerk reads Resolution No. 2022-21 by title only (if approved above)
3) Adopt Resolution No. 2022-21
 
B.   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
 
C.   Public Hearing and Consideration of Variance PZ-21-00117-06: A request for a Zoning Code Variance from the minimum screening requirements of Section 10-50.50.050.A and the minimum landscape requirements of Division 10-50.60.  The application proposes to develop a ground-based green waste recycling operation generating mulch and compost without screen walls or fences and without landscaping.  The subject property is located at 2661 N El Paso Flagstaff Road.      
 
  STAFF RECOMMENDED ACTION:
 
Per Section 10-20.20.040.I. the City Council may act as the Board of Adjustment upon majority vote of the City Council when a quorum of the Board of Adjustment cannot be achieved due to absence or disqualification. Staff has tried twice to obtain a quorum of the Board of Adjustment to hear this Variance Request.
 
Staff recommends that the City Council:
  1. Make a motion to act as the Board of Adjustment, and
  2. Upon finding that the criteria required for granting of a variance have been met, approve the variance application subject to the following conditions:
  • As long as the proposed use operates under a Special Land Use Permit under the ownership of the Arizona State Land Department, the site will not be required to provide screening or landscaping as required by the Zoning Code. 
 
D.   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.
 
  STAFF RECOMMENDED ACTION:
 
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
 
11. REGULAR AGENDA
 
A.   Consideration and Adoption of Ordinance No. 2022-13:  An ordinance of the City Council of the City of Flagstaff authorizing the acquisition of real property and the determination and offers of relocation benefits to persons displaced to make way for the Fourth Street/Cedar Avenue/Lockett Road roundabout project; providing for delegation of authority, severability, authority for clerical corrections, and establishing an effective date
 
  STAFF RECOMMENDED ACTION:
 
At the May 17, 2022 Council Meeting:
1) Read Ordinance No. 2022-13 by title only for the first time
2) City Clerk reads Ordinance No. 2022-13 by title only (if approved above)
At the June 7, 2022 Council Meeting:
3) Read Ordinance No. 2022-13 by title only for the final time
4) City Clerk reads Ordinance No. 2022-13 by title only (if approved above)
5) Adopt Ordinance No. 2022-13

Staff recommends adopting both Option 1 and Option 2 set forth in the Ordinance, related to delegation of authority.
 
B.   Consideration and Adoption of Resolution No. 2022-22:   A resolution of the Flagstaff City Council, authorizing the execution of a Development Agreement between the City of Flagstaff and Flagland LLC for Flagstaff Rehab Campus related to the development of approximately 10.05 acres of real property generally located at 7000 North Highway 89 and establishing an effective date.
 
  STAFF RECOMMENDED ACTION:
 
1) Read Resolution No. 2022-22 by title only
2) City Clerk reads Resolution No. 2022-22 by title only (if approved above)
3) Adopt Resolution No. 2022-22
 
             
C.   Consideration and Adoption of Ordinance No. 2022-01: An Ordinance of the City Council of the City of Flagstaff, extending and increasing the corporate limits of the City of Flagstaff pursuant to the provisions of Title 9, Chapter 4, Arizona Revised Statutes, by annexing approximately 10.05 acres of land located at 7000 North Highway 89, which certain land is contiguous to the existing corporate limits of the City of Flagstaff, and establishing city zoning for said land as Highway Commercial (HC) with a Resource Protection Overlay (RPO); providing for severability, authority for clerical corrections, and establishing an effective date. (Flagstaff Rehab Campus Annexation: Project Number PZ-20-00164-03).
 
  STAFF RECOMMENDED ACTION:
 
1) Read Ordinance No. 2022-01 by title only for the final time
2) City Clerk reads Ordinance No. 2022-01 by title only (if approved above)
3) Adopt Ordinance No. 2022-01
 
D.   Consideration, and Adoption of Ordinance No. 2022-02:  An Ordinance of the City Council of the City of Flagstaff, amending the Flagstaff Zoning Map to rezone approximately 1.09 acres of real property generally located at 7000 North Highway 89, a portion of APN 301-50-005G, from the Highway Commercial (HC) zone with a Resource Protection Overlay (RPO) to the Rural Residential (RR) with a Resource Protection Overlay (RPO) with conditions, providing for severability, authority for clerical corrections, and establishing an effective date. (Flagstaff Rehab Campus Concept Zoning Map Amendment: Project Number PZ-20-00164-04).
 
  STAFF RECOMMENDED ACTION:
 
1) Read Ordinance No. 2022-02 by title only for the final time
2) City Clerk reads Ordinance No. 2022-02 by title only (if approved above)
3) Adopt Ordinance No. 2022-02
 
12. DISCUSSION ITEMS
 
A.   2022 Wildland Fire Preparedness Briefing
 
  STAFF RECOMMENDED ACTION:
 
Presentation and Information Only
 
B. APS Fire Mitigation Update
 
13. FUTURE AGENDA ITEM REQUESTS

After discussion and upon agreement by three members of the Council, an item will be moved to a regularly-scheduled Council meeting.
 
A.   Future Agenda Item Request (F.A.I.R.) A Citizens' Petition titled "Climate Emergency. Stop the Money Pipeline"
 
  STAFF RECOMMENDED ACTION:
 
Council direction.
 
14. PUBLIC PARTICIPATION
 
15. INFORMATIONAL ITEMS TO/FROM MAYOR, COUNCIL, AND STAFF, AND FUTURE AGENDA ITEM REQUESTS
 
16. ADJOURNMENT
 
 
CERTIFICATE OF POSTING OF NOTICE

The undersigned hereby certifies that a copy of the foregoing notice was duly posted at Flagstaff City Hall on                      , at                a.m./p.m. in accordance with the statement filed by the City Council with the City Clerk.

Dated this               day of                                       , 2022.



__________________________________________
Stacy Saltzburg, MMC, City Clerk
                                            
 
4.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Stacy Saltzburg, City Clerk
Date: 05/05/2022
Meeting Date: 05/17/2022

TITLE:
Consideration and Approval of Minutes: City Council Regular Meeting of September 1, 2020, Regular Meeting of September 15, 2020, Joint City/County Work Session, Special Meeting (Executive Session) of April 12, 2022, Special Meeting (Executive Session) of April 19, 2022, Special Meeting (Executive Session) of April 25, 2022, Special Meeting (Executive Session) of April 26, 2022, Special Meeting (Executive Session) of April 28, 2022, and Special Meeting (Executive Session) of May 2, 2022.
STAFF RECOMMENDED ACTION:
Approve the minutes of the City Council Regular Meeting of September 1, 2020, Regular Meeting of September 15, 2020, Joint City/County Work Session, Special Meeting (Executive Session) of April 12, 2022, Special Meeting (Executive Session) of April 19, 2022, Special Meeting (Executive Session) of April 25, 2022, Special Meeting (Executive Session) of April 26, 2022, Special Meeting (Executive Session) of April 28, 2022, and Special Meeting (Executive Session) of May 2, 2022.
Executive Summary:
Minutes of City Council meetings are a requirement of Arizona Revised Statutes and, additionally, provide a method of informing the public of discussions and actions being taken by the City Council.
Financial Impact:
None
Policy Impact:
None
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
Effective Governance
Previous Council Decision on This:
None

Attachments: 09.01.2020 CCRM
09.15.2020 CCRM
09.21.2020 CCJWS
04.12.2022 CCSMES
04.19.2022 CCSMES
04.25.2022 CCSMES
04.26.2022 CCSMES
04.28.2022 CCSMES
05.02.2022 CCSMES
 
8.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Kristine Pavlik, Housing and Grants Administrator
Date: 04/19/2022
Meeting Date: 05/17/2022

TITLE:
Consideration of Ratification of Grant Agreement:  Ratify the Emergency Grant Agreement with Northland Family Help Center utilizing $75,873.43 of the American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds.
STAFF RECOMMENDED ACTION:
  1. Ratify the Emergency Grant Agreement with Northland Family Help Center for the "Domestic Violence, Crisis and Youth Shelter Services Project" utilizing $75,873.43 of the American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds; and
  2. Authorize the City Manager to execute the necessary documents.
Executive Summary:
Staff requests that City Council ratify the City Manager's Approval of the Emergency Grant Agreement in the amount of $75,873.43 between the City of Flagstaff (City) and Northland Family Help Center (Northland) for the "Domestic Violence, Crisis and Youth Shelter Services Project."

On October 12, 2021, Council provided direction as to the use of the American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery Funds (Local Recovery Funds). City Council allocated $400,000 to congregate care services, such as homeless shelters, within the Public Health funding category. 

Northland is a local non-profit operating two shelters for homeless individuals and households in crisis including a Domestic Violence Shelter for families and single adults and the Halo House: a shelter for unaccompanied youth. The Domestic Violence shelter offers 24 beds to single adults and families escaping domestic violence and victims of sexual assault and human trafficking. The Youth Shelter offers 15 beds for youth in need of emergency shelter for a variety of safety related reasons. Additionally, Northland staffs a 24/7 crisis hotline connecting local families and individuals with desperately needed resources. Shelter residents are able to “quarantine” and social distance on-site and there are resources and staff available throughout the day and night. The shelters are gender-inclusive and can accommodate all family configurations. Incidents of Domestic Violence have increased throughout the COVID-19 Pandemic, and it is critical that victims and survivors are able to find safe and appropriate shelter. 

In December 2021, Northland contacted City Staff and indicated an urgent need for $75,873.43 in emergency funding in order to continue to provide emergency shelter services for victims experiencing homelessness in the Flagstaff area at full capacity and to make physical improvements to the shelter's HVAC system, including the addition of HEPA filtration, as a crucial COVID-19 mitigation effort. These funds will be utilized by Northland to provide emergency shelter at full capacity and will support critical payroll expenses as well as the purchase and installation of HEPA filters for the HVAC system to mitigate in-shelter spread of COVID-19.

Utilizing the City's Procurement Code Manual emergency procurement process and in compliance with the U.S. Department of Treasury requirements, City Staff determined it was prudent to immediately enter into an Emergency Grant Agreement to provide $75,873.43 in Local Recovery Funds to Northland. This emergency funding allocation ensured that Northland continued to directly respond to the coronavirus pandemic by providing safe, secure, temporary, and emergency shelter and services for individuals and families (including unaccompanied youth) in domestic violence, trafficking and/or other safety related crisis and for HEPA filtering and HVAC system upgrades that will directly assist in limiting the spread of COVID-19 and ensuring the health and safety of those staying in the emergency shelters.

On April 8, 2022, the City Manager approved and signed the Grant Agreement between the City and Northland authorizing an emergency distribution of $75,873.43 of Local Recovery Funds. A Notice to Proceed to expend the funds has been provided to Northland.
Financial Impact:
On October 12, 2021, City Council provided direction as to the use of the American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds. City Council allocated $400,000 (024-09-402-6321-1-4273) to congregate care services, such as homeless shelters, within the Public Health funding category.

Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department of the Treasury to make payments to certain recipients from the Local Recovery Funds. The procurement for distribution of the Local Recovery Funds requires compliance with the Uniform Guidance at 2 C.F.R. § 200.317 through 2 C.F.R. § 200.327.

The Uniform Guidance allows for non-competitive procurements where the public exigency or emergency will not permit a delay from publicizing a competitive solicitation. 2 C.F.R. § 200.320. Further, the City of Flagstaff Procurement Code Manual authorizes Emergency Procurement where “public health, welfare or safety would be greatly hampered if the prescribed formal or informal purchasing procedure would cause an undue delay in procurement of the needed item or service.” Procurement Code, Section 19.1(D).

The expenditure of the Local Recovery Funds pursuant to the request made by Northland complied with both the Uniform Guidance and Procurement Code provisions governing exigent or emergency procurements.
Policy Impact:
The emergency funding will help protect public health, domestic violence victims, unaccompanied youth and individuals and families experiencing homelessness.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives

Safe & Healthy Community
  • Support social services, community partners and housing opportunities.
Inclusive & Engaged Community
  • Advance social equity and social justice in Flagstaff by supporting social services. 
Regional Plan

Goal NH.5. Eliminate Homelessness
  • Policy NH.5.1. Provide adequate resources for families with children experiencing homelessness.
  • Policy NH.5.2. Provide adequate resources for individuals experiencing homelessness.
  • Policy NH.5.3. Support and expand programs that prevent homelessness.
Has There Been Previous Council Decision on This:
On October 12, 2021, City Council provided direction as to the use of the Local Recovery Funds and allocated $400,000 to congregate care services, such as homeless shelters, within the Public Health funding category.
Options and Alternatives:
  1. Ratify the Grant Agreement between the City and Northland for the "Domestic Violence, Crisis and Youth Shelter Services Project" utilizing $75,873.43 of the American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds; or
  2. Do not ratify the Grant Agreement.
Background/History:
Excess stress from the COVID-19 pandemic, including illness, income loss, lack of ability to pay for housing or food, etc. is linked to an increase in domestic and intimate partner violence. Additionally, the COVID-19 pandemic has disproportionately affected those experiencing housing insecurity, and rates of homelessness have increased amidst economic instability. Individuals experiencing homelessness have been found to be at increased risk of both contracting and dying from the coronavirus. Domestic Violence victims that are unable to access emergency shelter are often stuck in violent and dangerous living situation. It is critical that victims and survivors are able to find safe shelter.
 
Due to recent levels of COVID-19, Northland has sometimes been unable to utilize and/or staff all of the available bed spaces. As a result of continuing to operate throughout the COVID-19 Pandemic, Northland experienced financial strain to the point that these crucial services cannot be provided at full capacity without emergency funding to support critical payroll expenses. Northland often shelters clients with active COVID-19 infections and though there are some private rooms available, it is still classified as communal living. Because of this it has been recommended that the agency purchase and convert their HVAC system to use HEPA filters for COVID-19 mitigation.
Key Considerations:
Emergency shelter and supports provided by Northland are crucial for the health, safety and welfare of the many Flagstaff residents experiencing homelessness including victims of domestic violence, sexual assault, and human trafficking as well as unaccompanied youth and abused/neglected children. Because of the financial strain from operating through the COVID-19 pandemic, Northland was unable to operate at capacity and provide these critical services.
Community Benefits and Considerations:
In 2021, Northland served 73 adults and 50 children in the Domestic Violence Shelter, when operating at full capacity (prior to COVID-19 related impacts). Northland typically serves 150 people in the shelter. Last year, the youth shelter served 52 unaccompanied youth but when operating at full capacity the shelter typically serves 80-100 youth. The installation of HEPA filtration systems will greatly impact the number of youth utilizing the shelter as the census has decreased due to agencies and contracts placing youth in non-congregate, less COVID-risk, settings and/or youth being required to stay with potentially unsafe placements due to family member fears regarding COVID-19.
 
Northland receives referrals from Flagstaff Shelter Services, Catholic Charities, the Flagstaff Police Department and Victim Witness Services for Coconino County. Northland is contracted with the Arizona Department of Child Safety and Coconino County Juvenile Court and have successfully administered federal grant funds for the past 2 decades+. Northland has also successfully administered City of Flagstaff Community Development Block Grant funded projects within the last 10 years.
Community Involvement:
City Council discussed Local Recovery Funds allocation amounts and categories for funding at the City Council work session on September 7, 2021, and provided direction on use of the Local Recovery Funds on October 12, 2021. These meetings were held in accordance with Open Meeting Law and include a public participation process allowing for public comments. There will be an open and competitive application process for the additional Local Recovery Funds.

Attachments: NFHC Grant Agreement
 
8.B.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Kristine Pavlik, Housing and Grants Administrator
Date: 04/19/2022
Meeting Date: 05/17/2022

TITLE:
Consideration and Approval of a Grant Agreement:  Approve the Grant Agreement between the City of Flagstaff and Flagstaff Shelter Services utilizing $135,592.57 of the American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds.
STAFF RECOMMENDED ACTION:
  1. Approve the Grant Agreement between the City of Flagstaff and Flagstaff Shelter Services for “The Crown: Housing as Healthcare” project utilizing $135,592.57 of American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds; and 
  2. Authorize the City Manager to execute the necessary documents.
Executive Summary:
Staff seeks approval of a Grant Agreement between the City of Flagstaff (City) and Flagstaff Shelter Services (FSS) utilizing a portion of the City’s American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds (Local Recovery Funds) to respond to the COVID-19 public health emergency and its negative economic impacts. The Local Recovery Funds in the amount of $135,592.57 will be used to provide safe, non-congregate, emergency shelter at the 56-unit Crown Motel, which is now owned and operated by FSS. The project will provide shelter and services to 600 unique individuals experiencing homeless, including, individuals with increased vulnerability to the Coronavirus and/or are currently infected with COVID-19.
Financial Impact:
On October 12, 2021, City Council provided direction on the use of Local Recovery Funds. City Council allocated $400,000 (024-09-402-6321-1-4273) to congregate care services, such as homeless shelters, within the Public Health funding category.

On February 1, 2022, City Council ratified a grant agreement with FSS for the emergency distribution of $100,000 to respond to the public health risk from the pandemic which caused a financial strain on the non-profit.

After emergency allocations, there was $224,126.57 remaining of the Local Recovery Funds allocated by City Council for Congregate Care Services.
Policy Impact:
The funding provided will support services that will help protect public health and individuals experiencing homelessness.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives

Safe & Healthy Community
  • Support social services, community partners and housing opportunities.
Inclusive & Engaged Community
  • Advance social equity and social justice in Flagstaff by supporting social services. 
Regional Plan

Goal NH.5. Eliminate Homelessness
  • Policy NH.5.1. Provide adequate resources for families with children experiencing homelessness.
  • Policy NH.5.2. Provide adequate resources for individuals experiencing homelessness.
  • Policy NH.5.3. Support and expand programs that prevent homelessness.
Has There Been Previous Council Decision on This:
On October 12, 2021, City Council provided direction as to the use of the Local Recovery Funds and allocated $400,000 to congregate care services, such as homeless shelters, within the Public Health funding category. 

On February 1, 2022, City Council ratified a grant agreement with FSS for an emergency allocation of Local Recovery Funds, utilizing $100,000 to support ongoing pandemic response and the provision of non-congregate emergency shelter services.

On April 19, 2022, $25,174 of Community Development Block Grant public service funds were allocated by City Council to FSS for the operation of the 56-unit Crown Motel administration.

In addition to the CDBG funds, FSS was selected through an open and competitive procurement to receive $135,592.57 of Local Recovery Funds for "The Crown: Housing as Healthcare" project. Staff seeks to distribute the monies through this Grant Agreement.
Options and Alternatives:
  1. Approve the Grant Agreement between the City and FSS for “The Crown: Housing as Healthcare” project utilizing $135,592.57 of Local Recovery Funds; or
  2. Do not approve the Grant Agreement and direct staff to initiate another solicitation.
Background/History:
The City is a recipient of certain funds through the American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021), which authorizes the U.S. Department of the Treasury to make payments from the Coronavirus Local Fiscal Recovery Fund. On October 12, 2021, City Council allocated $400,000 to congregate care services, such as homeless shelters, within the Public Health funding category.

The City Council distributed certain emergency allocations, including $100,000 to FSS, which left $224,126.57 remaining of the Local Recovery Funds for Congregate Care Services. In order to facilitate disbursement of funding into the Community for services for individuals experiencing homeless as quickly as possible, the remaining funds were included in the City of Flagstaff's 2022 Community Development Block Grant Notice of Funding Available (NoFA) and application process. Proposals were ranked alongside CDBG proposals by a Ranking Committee comprised of City Staff, a Housing Commission member, one ALN representative (A League of Neighborhoods) and two community members. 

Applications were received by City staff on February 22, 2022. FSS submitted an application and requested $300,000 of Local Recovery Funds for operational expenses of non-congregate emergency shelter through “The Crown: Housing as Healthcare” project. The Ranking Committee recommended allocating $135,592.57 to FSS. On April 19, 2022, an additional $25,174.00 of CDBG public service funds were allocated for this project by City Council.
Key Considerations:
The FSS's “The Crown: Housing as Healthcare” non-congregate shelter services project will provide safe, non-congregate, emergency shelter at the 56-unit Crown Motel, owned and operated by FSS. The project will serve 600 unique Flagstaff residents experiencing homelessness including individuals with increased vulnerability to the Coronavirus and/or currently infected with COVID-19. In addition to emergency shelter, residents will have access to nutritious meals, warm showers, laundry facilities, culturally sensitive medical and behavioral health care, clothing, hygiene supplies, day services, and evidence-based housing placement services.

Local Recovery Funds will be utilized for operational expenses including utilities, phone/internet, property maintenance and repairs, program supplies and/or insurance as well as wages for Motel Shelter Coordinators that will be staffed 24/7.
Community Benefits and Considerations:
Congregate shelter has been found to promote virus transmission, including transmission of COVID-19; and a congregate shelter setting is not appropriate for individuals who are COVID-positive or who have recently been exposed as it does not allow for adequate quarantining or isolating.
 
FSS’s acquisition of The Crown Hotel will allow the agency to provide a safe and suitable living environment (via motel rooms serving as non-congregate, emergency shelter) for individuals and families in crisis and/or experiencing homelessness until permanent housing can be secured. The non-congregate, emergency shelter program provides a safe living environment without barriers or preconditions (such as sobriety or COVID status) to an estimated 1,200 unduplicated people annually. This motel shelter program includes families as the 56-room former motel site includes 12 family units. Families experiencing homelessness- particularly those that include fathers- will benefit greatly from this project as it will fill an urgent community need for shelter space for two-parent households and single fathers with children. Currently, the City only has the capacity to serve three of these families at a time. There is a desperate need for emergency shelter space that allows fathers to stay with their children. This distribution will help keep parents and children in crisis together and provide a suitable living environment by ensuring there is safe, barrier-free space and services for entire families.

The Crown: Housing as Healthcare project will increase the capacity of the FSS emergency shelter allowing FSS to help more individuals and families in crisis to become stably housed. This will be achieved through culturally relevant supportive services, housing-focused case management, and community partnerships. FSS already operates a successful housing program that will be accessible to clients in non-congregate shelter with on-site case management among a variety of other critical services.
Community Involvement:
City Council discussed Local Recovery Funds allocation amounts and categories for funding at the City Council work session on September 7, 2021, and provided direction on use of the Local Recovery Funds on October 12, 2021. These meetings were held in accordance with Open Meeting Law and include a public participation process allowing for public comments. There was an open and competitive application process for distribution of certain Local Recovery Funds.
 
The applications received by City Staff for ARPA Local Recovery Funds through the 2022 CDBG NoFA and application process were ranked by the CDBG Ranking Committee comprised of City Staff, a Housing Commission member, a representative from ALN (A League of Neighborhoods) and two community experts.

Attachments: FSS The Crown HAH Unsigned Contract
 
8.C.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Kristine Pavlik, Housing and Grants Administrator
Date: 04/19/2022
Meeting Date: 05/17/2022

TITLE:
Consideration and Approval of Grant Agreement: Approval of a Grant Agreement between the City of Flagstaff and Catholic Charities Community Services, Inc. in the amount of $88,534 distributed from the American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds.
STAFF RECOMMENDED ACTION:
  1. Approve a Grant Agreement between the City of Flagstaff and Catholic Charities Community Services, Inc. for Homeless Services Improvement Projects utilizing $88,534.00 of the American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds; and
  2. Authorize the City Manager to execute the necessary documents.
Executive Summary:
Staff seeks approval of a Grant Agreement between the City of Flagstaff and Catholic Charities Community Services, Inc. (Catholic Charities), utilizing a portion of the City’s American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds (Local Recovery Funds) to respond to the COVID-19 public health emergency and its negative economic impacts. Local Recovery Funds in the amount of $88,534.00 will be used to make necessary facility and COVID-19 mitigation improvements to three shelter/communal living facilities: Cedar Rose Emergency Shelter; Cedar Rose Permanent Supportive Housing; and Juniper House. Facility improvements may include insulation and repairs to bring the properties up to code, interior paint, flooring replacement, security system installation, and HVAC improvements including COVID-19 mitigation equipment (air scrubbers).
Financial Impact:
On October 12, 2021, City Council provided direction on the use of Local Recovery Funds. City Council allocated $400,000 (024-09-402-6321-1-4273) to congregate care services, such as homeless shelters, within the Public Health funding category.

Emergency allocations were provided through grant agreements with Flagstaff Shelter Services ($100,000) and Northland Family Help Center ($75,873.43) due to public health risk from pandemic cause financial strain on both agencies.

After emergency allocations, there was $224,126.57 remaining of the Local Recovery Funds allocated by Council for Congregate Care Services and the City conducted a solicitation to determine distribution of these remaining funds.
Policy Impact:
The funding provided will support services that will help protect public health and individuals experiencing homelessness.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives

Safe & Healthy Community
  • Support social services, community partners and housing opportunities.
Inclusive & Engaged Community
  • Advance social equity and social justice in Flagstaff by supporting social services. 
Regional Plan

Goal NH.5. Eliminate Homelessness
  • Policy NH.5.1. Provide adequate resources for families with children experiencing homelessness.
  • Policy NH.5.2. Provide adequate resources for individuals experiencing homelessness.
  • Policy NH.5.3. Support and expand programs that prevent homelessness.
Has There Been Previous Council Decision on This:
On October 12, 2021, City Council provided direction as to the use of the Local Recovery Funds and allocated $400,000 to congregate care services, such as homeless shelters, within the Public Health funding category. After emergency allocations, there was $224,126.57 remaining of the Local Recovery Funds allocated by Council for Congregate Care Services and the City conducted a solicitation to determine distribution of these remaining funds.
Options and Alternatives:
  1. Approve a Grant Agreement between the City of Flagstaff and Catholic Charities in the amount of $88,534.00 for the Homeless Services Improvement Projects; or
  2. Do not approve a Grant Agreement and direct staff to conduct an additional solicitation.
Background/History:
The City is a recipient of certain funds through the American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021), which authorizes the U.S. Department of the Treasury to make payments from the Coronavirus Local Fiscal Recovery Fund. On October 12, 2021, City Council allocated $400,000 to congregate care services, such as homeless shelters, within the Public Health funding category.

After emergency allocations, there was $224,126.57 remaining of the Local Recovery Funds allocated by Council for Congregate Care Services. In order to facilitate disbursement of funding into the Community for services for individuals experiencing homeless as quickly as possible, the remaining funds were included in the City of Flagstaff's 2022 Community Development Block Grant Notice of Funding Available (NoFA) and application process. Proposals were ranked alongside CDBG proposals by a Ranking Committee comprised of City Staff, a Housing Commission member, one ALN representative (A League of Neighborhoods) and two community members. 

Two applications were received by City staff on the February 22, 2022, due date, including, the application from Catholic Charities requesting $88,534.00 of Local Recovery Funds for physical improvements to three shelters/communal living facilities including HVAC HEPA filtration updates for COVID-19 mitigation. The Ranking Committee recommended fully funding the Catholic Charities projects.
Key Considerations:
The Catholic Charities Homeless Services Improvement Projects will allow the agency to make necessary facility and COVID-19 mitigation improvements at three shelter/communal living facilities located in Flagstaff:
  • Cedar Rose Emergency Shelter (short-term emergency shelter serving all family types including two-parent and single fathers): Houses three families at a time for up to four months.
  • Cedar Rose Permanent Supportive Housing (tri-plex housing unit): Serves three formerly homeless families at a time.
  • Juniper House (women's re-entry program) permanent supportive housing: Serves eight women exiting jail or prison who would otherwise be homeless
Local Recovery Funds will be used for facility improvement expenses including insulation and repairs to bring the properties up to code, interior paint, flooring replacement, security system installation, and/or HVAC improvements including COVID-19 mitigation equipment (air scrubbers).
Community Benefits and Considerations:
The Catholic Charities Homeless Services Improvement Projects will improve three homeless services program locations in Flagstaff. Local Recovery Funds will be used to respond to and prevent the spread of COVID-19 by improving the indoor air quality at these three locations and will benefit on-site staff, visiting clients and residents living in the facilities. The Homeless Services Improvement Projects will benefit an estimated 64 unduplicated persons per year including men, women, and children experiencing homelessness.

Funding will be used at each location to install air scrubbers, clean and seal existing duct work, relocate and add improved air filters, bring attic insulation up to code, install new HVAC and Mini Split Heat/AC systems, add additional air returns, make critically needed repairs including new paint and flooring throughout and the purchase and installation of security systems.
 
In addition to safe shelter/housing, all residents and clients receive case management geared toward income and stable housing. Other services provided consist of, but are not limited to, budgeting/banking, parenting classes, job skills training, counseling referrals, and food box referrals. Catholic Charities’ Homeless Services programs assist clients in obtaining the life skills necessary to successfully obtain and maintain permanent housing in the future. These life skills are geared toward increasing the economic opportunities of clients and preparing them to successfully reside in housing beyond Catholic Charities programs.

The proposed improvements are necessary for the safety, security, health, and well-being of current and future residents of the programs as well as Catholic Charities and partner agency staff members and the general public.
Community Involvement:
City Council discussed Local Recovery Funds allocation amounts and categories for funding at the City Council work session on September 7, 2021 and provided direction on use of the Local Recovery Funds on October 12, 2021. These meetings were held in accordance with Open Meeting Law and include a public participation process allowing for public comments. There was an open and competitive application process for the additional Local Recovery Funds.
 
The two applications received by City Staff for ARPA Local Recovery Funds through the 2022 CDBG NoFA and application process were ranked by the CDBG Ranking Committee comprised of City Staff, a Housing Commission member, a representative from ALN (A League of Neighborhoods) and two community experts.

Attachments: Catholic Charities Grant Agreement
 
8.D.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Edward Schenk, Water Services Manager - Stormwater
Date: 03/30/2022
Meeting Date: 05/17/2022

TITLE:
Consideration and Approval of Contract:  Approve the Cooperative Purchase Contract with Empire Southwest, LLC in the amount of $149,253.22 for the purchase of a mini-excavator for flood response activities to be reimbursed 100% by the Arizona Department of Forestry and Fire Management. 
STAFF RECOMMENDED ACTION:
  1. Approve the Cooperative Purchase Contract with Empire Southwest, LLC in the amount of $149,253.22 for the purchase of a mini-excavator for flood response. Funding will be 100% reimbursed by the Arizona Department of Forestry and Fire Management; and
  2.  Authorize the City Manager to execute all necessary documents.
Executive Summary:
The flood events of summer 2021 required contracting equipment from outside the City due to the lack of appropriate equipment for flood response. The Arizona Department of Forestry and Fire Management (DFFM) released funding due to the disaster declarations across the state related to post-fire flooding. The City approached DFFM through County Emergency Management for the purchase of a mini-excavator to facilitate future flood response downstream of the 2019 Museum Fire burn scar. The purchase of the mini-excavator was determined to be eligible by DFFM and will be 100% reimbursable by DFFM. City procurement staff worked to get a competitive price by using an existing cooperative agreement with the City of Tucson with Empire-Caterpillar. The equipment recommended is a Caterpillar 305-07 CAB-PG MAN at a total cost of $149,253.22. 

Staff recommends the approval of the purchase of a mini-excavator at $149,253.22 for use by Water Services operations for flood response (flood cleanup). Funding will be provided by the Stormwater Section and will be 100% reimbursed by DFFM.
Financial Impact:
The Caterpillar mini-excavator will be purchased by Stormwater Section at $149,253.22 out of account: 206-08-385-3236-0-4433. This account will be reimbursed 100% by DFFM.
Policy Impact:
This purchase will increase internal capacity for flood response and provide more community resiliency through rapid response time and internal capacity improvements.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
Safe and Healthy Community: Provide public safety
Sustainable, Innovative Infrastructure: Deliver outstanding services to residents through a healthy, well maintained infrastructure system

Carbon Neutrality Plan
Community Resilience, CR-2: Strengthen existing community systems

Regional Plan
Goal WR.5. Manage watersheds and stormwater to address flooding concerns, water quality, environmental protections, and rainwater harvesting.
Has There Been Previous Council Decision on This:
There have been no previous decisions on this item.
Options and Alternatives:
  1. Approve the Cooperative Purchase Contract with Empire Southwest, LLC; or
  2. Do not approve the Cooperative Purchase Contract. This option is not recommended by Staff as the DFFM will be reimbursing the purchase 100% and the mini-excavator is preferred due to the tight clearance of the Dortha Inlet, Arroyo Seco Inlet, and Linda Vista culvert; or
  3. Direct staff to conduct a separate procurement; or
  4. Direct staff to purchase of a different type of machinery.
Background/History:
The Museum Fire began in July 2019 and burned just short of 2000 acres of steep slopes in the Dry Lake Hills and Mount Elden area. Spruce Wash was the major drainage for the burn area and previously saw only minor flood flows from the undisturbed watershed. The summer of 2021 saw four flood events off of the disturbed watershed, three in July and one in August. Each event required considerable flood clean up from Public Works, Parks, and Water Services. Outside agencies also assisted, including, the Flood Control District, the City of Tempe, Joe Dirt, Eagle Mountain, Tiffany Construction, Kinney Construction, and many others.

DFFM was provided funding through the Governor to provide post-fire flood mitigation funds to local governments. The City identified many needed pieces of equipment, including mini-excavator.

Procurement staff will be utilizing the local government purchasing cooperative contract #161534-01 with the City of Tucson to insure the best pricing for this product. Purchasing reviewed the agency cooperative contract to confirm it is relevant to the procurement and is currently active. 
Key Considerations:
Flood events are expected to continue for the foreseeable future based on modeling and previous fires in the region. Flood response will be a major component of the City and County for the foreseeable future. Capital improvements to the Spruce Wash system will take several years to implement and will likely not fully mitigate the flood threat. Increasing the capacity of City crews for flood response is integral to improving the quality of life for Sunnyside and Grandview residents. The Cooperative Purchase Contract for this mini-excavator will assist in the response.
Expanded Financial Considerations:
This item will be 100% funded by DFFM, maintenance of the equipment will be included in the ongoing maintenance of Water Services equipment.
Community Benefits and Considerations:
This piece of equipment will improve the response time of crews and will benefit the community through greater flood response capacity.
Community Involvement:
There has been no community involvement on this item.
Expanded Options and Alternatives:
Not applicable.

Attachments: 2022-132 Co-op Contract for the City of Flagstaff
Exhibit A - Quote
Exhibit B - Contract Extension
Exhibit B - Agency Contract
 
8.E.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Edward Schenk, Water Services Manager - Stormwater
Date: 03/30/2022
Meeting Date: 05/17/2022

TITLE:
Consideration and Approval of Contract:  Approve a Cooperative Purchase Contract with AZ Wastewater Industries, Inc. in the amount of $481,300.07 for a Stormwater 12-yard Combination Truck to be 100% reimbursed by the Arizona Department of Forestry and Fire Management.
STAFF RECOMMENDED ACTION:
  1. Approve the Cooperative Purchase Contract with AZ Wastewater Industries, Inc. in the amount of $481,300.07 for a Stormwater 12-yard Combination Truck through the Sourcewell cooperative contract #101221-SCA; and
  2. Authorize the City Manager to execute all necessary documents.
Executive Summary:
The flood events of summer 2021 required contracting equipment from outside of the organization due to the lack of appropriate equipment for flood response. The Arizona Department of Forestry and Fire Management (DFFM) released funding due to the disaster declarations across the state related to post-fire flooding. The City approached DFFM through County Emergency Management for the purchase of a Stormwater 12-yard Combination Truck to facilitate future flood response downstream of the 2019 Museum Fire burn scar, this purchase was determined to be eligible by DFFM. The purchase is 100% reimbursable by DFFM and will be procured using an existing Sourcewell cooperative contract #101221-SCA. AZ Wastewater Industries, Inc. is a distributor of the Stormwater 12-yard Combination Truck on a Freightliner chassis at a cost of $481,300.07. Staff recommends the consent approval of this purchase.

Staff recommends the approval of the purchase of a Stormwater 12-yard Combination Truck at $481,300.07 for use by Water Services operations for flood response (flood cleanup). Funding will be provided by the Stormwater Section and will be 100% reimbursed by DFFM.
Financial Impact:
The 900-ECO Stormwater 12-yard Combination Truck will be purchased by the Stormwater Section at $481,300.07 out of account: : 206-08-385-3236-0-4433. This account will be reimbursed 100% by DFFM.
Policy Impact:
This purchase will increase internal capacity for flood response and provide more community resiliency through rapid response time and internal capacity improvements. The City currently has one combination stormwater truck that operated all of calendar year 2021 in the Sunnyside and Grandview neighborhoods. A second truck will allow the first truck to do preventative maintenance in other neighborhoods while one truck remains focused on the Museum Flood Area.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
Safe and Healthy Community: Provide public safety
Sustainable, Innovative Infrastructure: Deliver outstanding services to residents through a healthy, well maintained infrastructure system

Carbon Neutrality Plan
Community Resilience, CR-2: Strengthen existing community systems

Regional Plan
Goal WR.5. Manage watersheds and stormwater to address flooding concerns, water quality, environmental protections, and rainwater harvesting.
Has There Been Previous Council Decision on This:
The previous Stormwater combination truck was purchased in 2020 and was approved by City Council as a consent item.
Options and Alternatives:
  1. Approve the Cooperative Purchase Contract with 100% reimbursement for the Stormwater 12-yard Combination Truck; or
  2. Not approve the Cooperative Purchae Contract. This option is not recommended by Staff as the Stormwater 12-yard Combination Truck will be needed for the Sunnyside neighborhood; or
  3. Direct staff to initiate a formal procurement. This option is not recommended by Staff as a purchase may not occur before the monsoon season; or
  4. Direct staff to purchase a different type of equipment. This option is not recommended by Staff as smaller equipment will not be adequate for the amount of flood debris expected in the future and larger equipment would be difficult to maneuver in the Sunnyside side streets.
Background/History:
The Museum Fire began in July 2019 and burned just short of 2000 acres of steep slopes in the Dry Lake Hills and Mount Elden area. Spruce Wash was the major drainage for the burn area and previously saw only minor flood flows from the undisturbed watershed. The summer of 2021 saw four flood events off of the disturbed watershed, three in July and one in August. Each event required considerable flood clean up from Public Works, Parks, and Water Services. Outside agencies included, the Flood Control District, the City of Tempe, Joe Dirt, Eagle Mountain, Tiffany Construction, Kinney Construction, and many others. A combination truck was leased from the City of Tempe during the flood events and another combination truck was contracted from Joe Dirt, approval of this Cooperative Purchase Contract will alleviate the need for reaching out to outside agencies. 

DFFM was provided funding through the Governor to provide post-fire flood mitigation funds to local governments. The City identified many needed pieces of equipment, including this Stormwater 12-yard Combination Truck.

The City of Flagstaff Procurement Team utilized the Sourcewell cooperative contract to supply the Stormwater 12-yard Combination Truck. This cooperative gives the City of Flagstaff competitive pricing to insure savings. Purchasing Staff reviewed the Sourcewell cooperative contract to confirm it is relevant and active.
Key Considerations:
Flood events are expected to continue for the foreseeable future based on modeling and previous fires in the region. Flood response will be a major component of the City and County for the foreseeable future. Capital improvements to the Spruce Wash system will take several years to implement and will likely not fully mitigate the flood threat. Increasing the capacity of City crews for flood response is integral to improving the quality of life for Sunnyside and Grandview residents.
Expanded Financial Considerations:
The City will receive a 100% reimbursement for the Stormwater 12-yard Combination Truck from DFFM, maintenance of the equipment will be included in the ongoing maintenance of Water Services equipment.
Community Benefits and Considerations:
This Stormwater 12-yard Combination Truck will improve the response time of crews and will benefit the community through greater flood response capacity.
Community Involvement:
There has been no community involvement on this item.
Expanded Options and Alternatives:
Not applicable

Attachments: COF cooperative 2022-122
Exhibit A - Quote
Model brochure
Exhibit B - Sourcewell contract
 
8.F.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Ken Fergason, Cinder Lake Landfill Project Manager
Co-Submitter: Todd Hanson, Solid Waste Director
Co-Submitter: Scott Overton
Date: 04/28/2022
Meeting Date: 05/17/2022

TITLE:
Consideration and Approval of Contract:  Consideration of Materials and Services contract to Salt River Extraction, LLC DBA SRE Environmental in an amount not to exceed $49,900 per fiscal year.
STAFF RECOMMENDED ACTION:
  1. Consider and approve the Contract for Material and Services with Salt River Extraction, LLC DBA SRE Environmental, for water hauling services to the Cinder Lake Landfill for the amount of not to exceed $49,900 per fiscal year; and
  2. Authorize the City Manager to execute the necessary documents.
Executive Summary:
The City of Flagstaff Cinder Lake Landfill (CLL) is regulated by an air quality permit through the Arizona Department of Environmental Quality (ADEQ). As a means of controlling fugitive dust, the permit requires regular application of water (or other approved media) to all access roads. Typically, CLL applies an average of 10,000 gallons per day during the spring through fall. With no sources of on-site water, reclaimed water is delivered daily from the Wildcat Hill Water Reclamation Plant utilizing a City-owned 3,800 gallon water truck.
 
Contractor-hauled water can provide increased efficiencies for CLL by freeing landfill staff and equipment at the landfill. This is especially relevant with ongoing labor pool shortages in addition to challenges in recruiting candidates with Commercial Drivers Licenses (CDL). Therefore, outsourcing a water haul contract to a third party eliminates the need for landfill operators to obtain or maintain a CDL. The Contractor also has larger truck hauling capabilities than the current City-owned truck, which is more efficient and safer (fewer round trips) than transporting water to the CLL with the City-owned water truck.
 
In 2021, CLL constructed a 300,000-gallon lined pond to assist with future water storage needs. For the long-term, CLL is planning to construct a water production well onsite. The well will further help mitigate the reliance for off-site water, as was recommended in a feasibility study conducted in 2019. This Materials and Services Contract allows CLL to begin transitioning toward that future and more efficiently utilize manpower and equipment.
Financial Impact:
The Materials and Services Contract is three years in duration with possibly two, 1-year extensions offered at a value not to exceed $49,900 per fiscal year. This Materials and Services Contract is budgeted in the Solid Waste Fund in account 211-06-165-0631-0-4424 (Environmental Services).
Policy Impact:
While the water hauling project does not affect City policy, it assists with maintaining compliance with ADEQ and Environmental Protection Agency (EPA) regulations. Also, CLL is surrounded by the Coconino National Forest (USDA). When CLL was purchased from the USDA, the National Environmental Policy Act (NEPA) ensured that CLL facility would assist with maintaining the integrity and natural beauty of the National Forest. This water hauling project assists in maintaining the promise. The 343-acre site lies to the south of Sunset Crater National Monument and can be viewed from the Cinder Hills Overlook. As stewards of CLL, it behooves CLL to prevent fugitive dust from diminishing the view shed for neighbors and general air quality improvement.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
High Performance Governance
  • Serve the public by providing high quality customer service
  • Enhance the organizations fiscal stability & increase efficiency and effectiveness
Safe & Healthy Community
  • Ensure the built environment is safe through the use of consistent standards, rules and regulations, and land use practices.
 Sustainable, Innovative Infrastructure
  • Utilize existing long-range plan(s) that identify the community's future infrastructure needs and all associated costs.
  • Deliver outstanding services to residents through a healthy, well maintained infrastructure system.
  • Provide effective management of and infrastructure for all modes of transportation.
  • Facilitate and develop carbon-neutral energy opportunities.
Environmental Stewardship
  • Promote, protect, & enhance a healthy, sustainable environment & its natural resources.
  • Implement, maintain & further the Climate Action & Adaptation Plan (CAAP) with awareness of social inequities.
  • Strengthen flagstaff's resilience to climate change impacts on built, natural, economic, health, & social systems.

Carbon Neutrality Plan
  • Goal CNP-1 – Reduces greenhouse emissions from City operations.
  • Goal CNP-2 – Leads to reduced greenhouse gas emissions in the community.
  • Goal MM-1 – Manage emissions from the Cinder Lake Landfill

Regional Plan
  • Goal E&C.1 – Proactively improve and maintain the region’s air quality.
  • Goal E&C.2 – Reduce greenhouse gas emissions.
  • Goal E&C.3 – Strengthen community and natural environment through climate adaptation efforts.
  • Goal WR.1 – Maintain a sustainable water budget incorporating regional hydrology, ecosystem needs, and social and economic well-being.
  • Goal WR.2 – Manage a coordinated system of water, wastewater, and reclaimed water utility service facilities and resources at the City level and identify funding to pay for new resources.
  • Goal WR.3 – Satisfy current and future human water demands and the needs of the natural environment through sustainable and renewable water resources and strategic conservation measures.
  • Goal E.1 – Increase energy efficiency.
  • Goal PF.1 - Work across all government operations and services to prepare for the impacts of natural and human caused hazards.
  • Goal PF.2 - Provide sustainable and equitable public facilities, service, and infrastructure systems in an efficient and effective manner to serve all population areas and demographics.
Has There Been Previous Council Decision on This:
No decision has been directly made on this water hauling project. However, in 2021 Council approved the construction of a 300,000-gallon lined pond. This pond was constructed and filled with water by a separate contractor in October 2021.
Options and Alternatives:
1. Approve the Materials and Services Contract as recommended; or
2. Approve the Materials and Services Contract with a decreased scope of work; or
3. Reject the Materials and Services Contract and do not re-solicit.
Background/History:
The CLL is a 343-acre site that accepts municipal solid waste from a 70-mile radius surrounding Flagstaff. CLL is regulated by an air quality permit through the ADEQ and EPA. As a means of controlling fugitive dust, the permit requires daily application of approximately 10,000 gallons of water (or other approved media) to all access roads. CLL currently hauls reclaimed water from the Wildcat Hill Water Reclamation Plant utilizing a City-owned 3,800 gallon water truck.
 
In 2019, a Feasibility Study for Well Siting and New Water Source(s) was performed and provided a cost matrix for four options for future water supply use at the landfill over a period of 35 years: 1) water hauling (current method) ($29,804,714), 2), Doney Park Water tap ($16,785,968), 3) water pipeline to Wildcat Hill Water Reclamation Plant ($18,822,975), and 4) on-site water source (well) ($4,698,328). The result of the investigation clearly showed that the most cost-effective option for the landfill is option 4 (on-site well).
 
In the future, a recommendation for construction of an on-site well will be submitted to Council for review.

The City of Flagstaff Procurement Team issued an Invitation for Bid of the PlanetBids platform on 03/11/2022, with advertisements in the local Arizona Daily Sun paper on March 20 and 27, 2022. Salt River Extraction, LLC was the only response.
Key Considerations:
This Materials and Services Contract provides the CLL with a more efficient means of providing water for dust abatement needs. Outsourcing this task to Salt River Extraction, LLC who have larger haul trucks also allows for water transport to occur with fewer trips. In addition, utilizing a contractor frees operations staff to continue providing the necessary level of support for maintaining compliance at the CLL. This is especially relevant at this time due current staffing shortages and challenges in recruiting new operators. Additionally, recent changes to federal CDL certification have realized increased costs to the City (approximately $5,000 in direct costs per operator plus 4 weeks of training). Outsourcing water hauling eliminates the need for site Operators to obtain a CDL. This will also remove a barrier to recruiting.
 
It should be noted that in the past, staff have implemented water-saving measures as a means of managing fugitive dust. Such measures included:
  • Asphalt millings spread and compacted where permanent roads (greater than 5-year life span) lie
  • Additives such as lignin  
While applying these measures, significant volumes of water are required for initial application.
 
Salt River Extraction, LLC services the region with waste and wastewater hauling and is fully qualified to provide water hauling services. This Materials and Services Contract does not stipulate that the contractor haul with potable water or treated wastewater. That decision will be made regarding costs of options, which are limited to Doney Park Water (potable water, shorter haul) and Wildcat Hill Water Reclamation Plant (treated wastewater, longer haul). Treated wastewater is a cheaper option, but the shorter haul for Doney Park Water could offset the difference.
Expanded Financial Considerations:
Increased efficiencies in daily operations will render project and staff-time savings that can be utilized on more valuable tasks. It also eliminates the need for staff to have a CDL, which will reduce costs to the City.
Community Benefits and Considerations:
The CLL will continue providing affordable means of solid waste disposal for northern Arizona through the life of the Landfill while maintaining the highest standards of compliance.
Expanded Options and Alternatives:
  1. Deny the requested action and provide Staff direction on how to best deliver water hauling services and dedicated funding; or
  2. Deny the use of the Materials and Services process on this project and request that the contract be procured through an alternate project delivery method; or
  3. Approve the Materials and Services Contract as recommended.

Attachments: Contract 2022-95 Water Hauling
 
8.G.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Amy Hagin, Parks Manager
Co-Submitter: Stacey Brechler-Knaggs
Date: 05/03/2022
Meeting Date: 05/17/2022

TITLE:
Consideration and Approval of Grant Agreement:  Approve the grant agreement with the Arizona State Parks and Trails for a Heritage Fund Trails Grant to make accessibility enhancements at Buffalo Park and the Nate Avery FUTS Trail
STAFF RECOMMENDED ACTION:
Approve the Grant Agreement with AZ State State Parks and Trails for the Nate Avery FUTS Trail in the amount of $100,000.
Executive Summary:
PROJECT DESCRIPTION:  This project will enhance accessibility for all users of the Nate Avery FUTS Trail in Buffalo Park. The intent is to bring the trail and other features of the park into alignment with the Americans with Disabilities Act so that a broader segment of the community – including people with mobility limitations and those who use wheelchairs – can use the trail and enjoy the natural area. The following improvements to the trail and park are planned as part of this project:
Resurface the Nate Avery Trail with a hard-packed aggregate mix suitable for wheelchair use; Repair existing drainage issues on the trail; Provide signing and information for trail users at the trailhead and along the trail; Add accessible parking spaces and an accessible route into the park; Expand the concrete entrance plaza; Extend a concrete sidewalk to existing accessible restrooms; Remove railroad ties around 18 exercise stations and provide a more wheelchair-friendly surface; Replace up to six existing exercise stations with new accessible/universal design stations.
Financial Impact:
The city match and contribution of $135,453 will be accomplished with funds from both Parks operating capital, FUTS capital, and in-kind services. 

The expenditures on the city match and contribution have been accounted for in the Parks operating capital in the amount of $52,000, in FUTS capital in the amount of $25,877 and in-kind work through labor, equipment and materials estimated at $57,576. 

The grant award amount is $100,000, plus match of $135,453.00 for a total project cost of $235,453.00.
Policy Impact:
None
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
  • High Performance Governance:
    • Serve the public by providing high quality customer service.
  • Safe and Healthy Community:
    • Promote physical health through providing recreation opportunities, parks, open space, and multiple transportation options.
  • Inclusive and Engaged Community:
    • Ensure city facilities, services, and programs are accessible for all residents and representative of Flagstaff’s diverse community.
  • Sustainable, Innovative Infrastructure:
    • Utilize existing long-range plans that identify the community’s future infrastructure needs and all associated costs.
  • Robust Resilient Economy:
    • Embrace and invest in responsible tourism opportunities to promote economic development.
  • Livable Community:
    • Provide amenities and activities that support a healthy lifestyle
Has There Been Previous Council Decision on This:
No
Options and Alternatives:
  1. Approve Grant Agreement
  2. Not approve the Grant Agreement 
Background/History:
City Parks and Multi-Modal Transportation began discussing the concept of making the 2-mile loop trail known as the Nate Avery FUTS Trail at Buffalo Park accessible in 2019, with the idea of making the trail accessible to all users.  After the completion of the accessible permanent restrooms at the park, the team began to discuss how we could bring this concept to an inclusive and equitable project with city funding as well as any grant opportunities.  The Heritage Fund through Arizona State Parks is providing the grant opportunity should the City of Flagstaff be successful in this application.  

The application, if approved, would consist of resurfacing the Nate Avery FUTS Trail with the current aggregate mix that is suitable for wheeled devices such as wheelchairs. It would also repair existing drainage issues on the trail, provide signing and information to trail users regarding the accessible route, add accessible parking spaces and an accessible route to the entrance, expand the concrete entrance at the park to the existing accessible restrooms, modify the existing exercise stations along the trail loop for wheelchair access, and replace up to six (6) exercise stations to new accessible/universal design stations.  
Key Considerations:
The Flagstaff community deserves to have the 215-acre Buffalo Park inclusive and accessible for all to enjoy.
Community Benefits and Considerations:
The outdoor passive recreational space and natural area is one of our community's most iconic locations with over 380 visitors per day walking the Nate Avery FUTS Trail.
Community Involvement:
Inform. Presentations have been made to the Parks and Recreation Commission, the Commission on Inclusion and Adaptive Living, and the Pedestrian Advisory Committee.

Attachments: Vicinity and Maps
Presentation
Grant Agreement
 
9.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Tiffany Antol, Senior Planner
Date: 04/21/2022
Meeting Date: 05/17/2022

TITLE:
Consideration and Approval of Preliminary Plat:  PZ-21-00236-03, Woodshire on West Oak, LLC requests Preliminary Plat approval for Woodshire on Oak Condominiums located at 302 W Oak Avenue, a condominium subdivision on 0.89 acres in the Medium Density Residential (MR) and High Density Residential (HR) Zones.
STAFF RECOMMENDED ACTION:
Staff recommends the City Council approve the Preliminary Plat, in accordance with the findings presented in this report and the Planning and Zoning Commission recommendation (to be added before final agenda).
Executive Summary:
This request is for preliminary plat approval for a 13-unit condominium subdivision on 0.89 acres located at 302 W Oak Avenue.
Financial Impact:
No financial impacts are anticipated with this Preliminary Plat.
Policy Impact:
There are no policy impacts anticipated with this Preliminary Plat.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
Robust Resilient Economy - Grow and strengthen a more equitable and resilient economy.

Carbon Neutrality Plan
DD-1:  Encourage vibrancy, appropriate density, and attainability in existing neighborhoods, so that more residents live within walking distance of their daily needs.

Regional Plan
  • Policy LU.5.1. Encourage development patterns within the designated growth boundaries to sustain efficient infrastructure projects and maintenance.
  • Policy LU.5.2. Promote infill development over peripheral expansion to conserve environmental resources, spur economic investments, and reduce the cost of providing infrastructures and services.
  • Goal NH.1. Foster and maintain healthy and diverse urban, suburban, and rural neighborhoods in the Flagstaff region.
  • Policy WR. 4.3. Development requiring public utility services will be located within the Urban Growth Boundary.  
Has There Been Previous Council Decision on This:
There have been no previous Council decisions on this property in relation to this subdivision.
Options and Alternatives:
  1. Approve the Preliminary Plat as recommended by staff and the Planning & Zoning Commission.
  2. Approve the Preliminary Plat with conditions.
  3. Deny the Preliminary Plat based on non-compliance with the Zoning Code, the Subdivision Code, and/or the Engineering Design Standards and Specifications for New Infrastructure.
Background/History:
The project consists of 13 two-story detached units in both the Medium Density Residential (MR) and High Density Residential (HR) Zones. City Staff approved the Site Plan for the development (PZ-21-00236-02) on February 11, 2022. Civil plans for the development of the site are currently in review. City approvals were based on conformance with all relevant City Development Standards, as discussed in Section C, below.
 
The project is being developed according to the standards for the Medium Density Residential (MR) and High Density Residential (HR) Zones.
Key Considerations:
This application is for a condominium plat, which takes a multi-unit complex, such as the subject property, and creates the potential for individually owned units. The Preliminary Plat delineates all the elements affiliated with the individual units. In this case, the units are defined as the airspace around each unit. The vertical boundaries start at the finish floor elevation (FFE) of each unit and extend to the top of the roof of that unit. The horizontal boundaries start outside the walls of each unit. 
 
The remainder of the site outside the units is being platted as common area and open space.  Parking spaces will be assigned to each unit through the CC&Rs.
Community Benefits and Considerations:
The community benefits of this project are encapsulated in the PBB Key Community Priorities/Objectives and the Regional Plan Goals and Policies review.
Community Involvement:
Inform.  The existing zoning of the subject property allows for the proposed subdivision.  No public hearings or public outreach are required by either the Zoning Code or the Subdivision Code as part of the Preliminary Plat review process.

Attachments: Application
P&Z Commission Staff Summary
Preliminary Plat
Presentation
 
9.B.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Tiffany Antol, Senior Planner
Date: 04/25/2022
Meeting Date: 05/17/2022

TITLE:
Consideration and Approval of Preliminary Plat:  PZ-15-00015-22, Capstone Homes requests Preliminary Plat approval for Aries at Timber Sky Phase II (Block 7B) located at 3501 E Route 66, a single-family subdivision on 6.59 acres in the Single-Family Residential (R1) Zone. 
STAFF RECOMMENDED ACTION:
Staff recommends the City Council (tbd ) the Preliminary Plat, in accordance with the findings presented in this report and the Planning and Zoning Commission recommendation (to be added before final agenda).
Executive Summary:
This request is for preliminary plat approval for a 16 lot single-family residential subdivision on 6.59 acres located at 3501 E Route 66.
Financial Impact:
No financial impacts are anticipated with the Preliminary Plat.
Policy Impact:
There are no policy impacts anticipated with this Preliminary Plat.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
Robust Resilient Economy - Grow and strengthen a more equitable and resilient economy.

Carbon Neutrality Plan
DD-1:  Encourage vibrancy, appropriate density, and attainability in existing neighborhoods, so that more residents live within walking distance of their daily needs.

Regional Plan
Policy LU.5.1. Encourage development patterns within the designated growth boundaries to sustain efficient infrastructure projects and maintenance.
Goal NH.1. Foster and maintain healthy and diverse urban, suburban, and rural neighborhoods in the Flagstaff region.
Policy WR.4.3. Development requiring public utility services will be located within the Urban Growth Boundary.
 
Has There Been Previous Council Decision on This:
City Council approved a Zoning Map Amendment and an Annexation in supprt of the proposed subdivision in 2016.
Options and Alternatives:
  1. Approve the Preliminary Plat as recommended by staff and the Planing & Zoning Commission.
  2. Approve the Preliminary Plat with conditions.
  3. Deny the Preliminary Plat based on non-compliance with the Zoning Code, the Subdivision Code, and/or the Engineering Design Standards and Specifications for New Infrastructure.
Background/History:
Timber Sky is a proposed 1,300 (maximum density) residential dwelling unit development. The development proposes a mixture of high, medium, and single-family residential units combined with commercial service and open space on 197.58 acres. The site is situated north and south between West Route 66 (“Route 66”) and Interstate-40 and east and west between Woody Mountain Road and Flagstaff Ranch Road.  The site slopes gently from south to north with most of the onsite drainage flowing toward an existing culvert under Route 66, which eventually discharges into the Clay Avenue Wash Detention Basin located north of Route 66.  There are no designated floodplains on the site.  In 2006, the property partially burned in a fire leaving a 700-foot-wide corridor of deforested land through the middle of the site.  The remainder of the site is forested with Ponderosa Pine.  The site has two pockets of slopes greater than 17% with other basalt rock outcrop features throughout the property.  A large amount of fill placed on site, which has the appearance of a steep slope, will not be protected.  An existing aboveground 69 kV transmission line crosses the site in an east-west direction connecting to an existing APS substation at the southwestern corner of the property.  The line is required to be under grounded with the development of the second phase of Timber Sky.
 
The applicant, Capstone Homes, is seeking Preliminary Plat approval for Aries at Timber Sky Phase II (Block 7B) within the second phase of Timber Sky consisting of 16 single-family residential lots utilizing conventional zoning standards.
Key Considerations:
The property is zoned Single-Family Residential (R1) Zone, which has a minimum density requirement of 2 units per acre and a maximum of 5 units per acre in the Resource Protection Overlay.  The proposed 16 lots on 6.59 acres have a gross density of 2.43 units per acre and a net density of 2.92 units per acre.  The application conforms with all the requirements of the R1 Zone.
Community Benefits and Considerations:
The community benefits of this project are encapsulated in the PBB Key Community Priorities/Objectives and the Regional Plan Goals and Policies review process.
Community Involvement:
Inform.  The existing zoning of the subject property allows for the proposed subdivision.  No public hearings or public outreach are required by either the Zoning Code or the Subdivision Code as part of the Preliminary Subdivision Plat review process.

Attachments: Application
P&Z Commission Staff Summary
Preliminary Plat
Presentation
 
10.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Tiffany Antol, Senior Planner
Date: 04/25/2022
Meeting Date: 05/17/2022

TITLE:
Consideration and Adoption of Resolution No. 2022-21:  A Resolution amending the Flagstaff Regional Plan 2030 to change the area type designation on Maps 21 and 22 from Area in White area type and State Land to Employment area type for approximately 24.75 acres generally located at 2661 N El Paso Flagstaff Road; providing for severability, and establishing an effective date.
STAFF RECOMMENDED ACTION:
1) Read Resolution No. 2022-21 by title only
2) City Clerk reads Resolution No. 2022-21 by title only (if approved above)
3) Adopt Resolution No. 2022-21
Executive Summary:
A Minor Flagstaff Regional Plan 2030 amendment request to change the area type designation of Map 21 and 22 from Area in White and State Land to Employment for approximately 24.75 acres.
Financial Impact:
There are no anticipated financial impacts from this Minor Regional Plan Amendment.
Policy Impact:
There are no anticipated policy impacts from this Minor Regional Plan Amendment.
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 have been no previous Council decisions on this item.
Options and Alternatives:
The City Council may approve the resolution as proposed, approve the resolution with modified conditions, or deny the resolution.
Background/History:
This request is the first of three related items on the Commission’s agenda; the second request is a Zoning Map Amendment request for 8.95 acres from Highway Commercial (HC) to Heavy Industrial-Open (HI-O).
 
Square Peg Development, (the “Applicant”) on behalf of the property owner, Arizona State Land Department, is requesting a minor Flagstaff Regional Plan 2030 (FRP 2030) amendment to ensure conformance with a proposed Zoning Map Amendment to Heavy Industrial Open (HI-O) zoning.  The Zoning Map Amendment includes a total of 8.95 acres.  The proposed amendment to the FRP 2030 will affect approximately 24.75 acres of land depicted on the Future Growth Illustration (Maps 21 and 22).  The proposed plan amendment is larger than the rezoning request in anticipation of potential future expansions of the subject use.    
 
A Regional Plan Amendment is required for expanding or changing the boundaries of one area type to another area type.  Any changes to the Plan not shown in the Major Plan Amendments Chart are considered minor plan amendments.  Minor plan amendment analysis is focused on conformance with the goals and policies of the Regional Plan.  Examples of minor plan amendments include identifying a new area type for an “Area in White” on Maps 21 and 22.
Key Considerations:
As discussed in the “How This Plan Works” chapter (page III-4), the Flagstaff Regional Plan 2030 is used in the regulatory decision-making process by the Planning & Zoning Commission, City Council, and City staff.  The Commission and the Council are responsible for making development decisions such as zoning map amendments or specific plan amendments, which depends on whether the proposed changes or projects are consistent with the Plan’s goals and policies.  The Future Growth Illustration on Maps 21 and 22 (same map; one is regional scale and one city scale) and the text of the Plan will provide supplemental information for the interpretation of goals and policies.  In case of any conflict between the Future Growth Illustration and the Plan’s goals and policies, the goals and policies will prevail. 
 
The Future Growth Illustration has two types of land use designations: “Area Types” describe the placemaking context of Urban, Suburban, Rural, or Employment and “Place Types” such as activity centers, corridors, and neighborhoods provide the framework for the density, intensities, and mix of uses within the area types.  This application proposes to change the area type of “Areas in white retain their existing entitlements” but not the place type for this project.  “Areas in white retain their existing entitlements” is used to describe areas that have not been assigned an area type.  In most cases, these parcels are public lands held by the Forest Service, Arizona State Land Department, or City of Flagstaff.  The Comprehensive Planning Manager has made the interpretation that the surrounding area types on Maps 21 and 22 should be considered for consistency.  In cases where a parcel is adjacent to more than one area type, either could be extended to the property.  In this case the subject property sits in between areas designated as Future Employment.  With this request the existing “Area in White” will, if approved, be assigned the Employment area type.
 
Attached are exhibits comparing the existing Future Growth Illustration map to the proposed Future Growth Illustration map.  These maps and any applicable text of the FRP 2030 should be considered in the context of the Plan’s goals and policies.  A discussion of the FRP 2030 goals and policies is provided below.  There are no goals and policies that reference “Areas in white retain their existing entitlements.” 
Community Benefits and Considerations:
Community benefits and considerations related to this request are addressed in more detail in the Planning & Zoning Commission Staff Report, dated April 7, 2022.
Community Involvement:
Inform.  Public hearings before the Planning and Zoning Commission and City Council are conducted in conjunction with the Regional Plan and Zoning Map Amendment requests.  In accordance with Arizona Revised Statute and Section 10-20.30.080 (p. 20.30-9) of the Zoning Code, notice of the public hearings were 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 property. 
 
The applicant held a neighborhood meeting on April 7, 2022, at 6:00 pm via Zoom. No one from the public attended the meeting.  As of the writing of this report staff has not received any comments in regard to this application.

Attachments: Planning & Zoning Commission Staff Report
Res. 2022-21
Existing Future Growth Illustration
Proposed Future Growth Illustration
 
10.B.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Tiffany Antol, Senior Planner
Date: 04/25/2022
Meeting Date: 05/17/2022

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
 
10.C.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Tiffany Antol, Senior Planner
Date: 04/26/2022
Meeting Date: 05/17/2022

TITLE:
Public Hearing and Consideration of Variance PZ-21-00117-06: A request for a Zoning Code Variance from the minimum screening requirements of Section 10-50.50.050.A and the minimum landscape requirements of Division 10-50.60.  The application proposes to develop a ground-based green waste recycling operation generating mulch and compost without screen walls or fences and without landscaping.  The subject property is located at 2661 N El Paso Flagstaff Road.      
STAFF RECOMMENDED ACTION:
Per Section 10-20.20.040.I. the City Council may act as the Board of Adjustment upon majority vote of the City Council when a quorum of the Board of Adjustment cannot be achieved due to absence or disqualification. Staff has tried twice to obtain a quorum of the Board of Adjustment to hear this Variance Request.
 
Staff recommends that the City Council:
  1. Make a motion to act as the Board of Adjustment, and
  2. Upon finding that the criteria required for granting of a variance have been met, approve the variance application subject to the following conditions:
  • As long as the proposed use operates under a Special Land Use Permit under the ownership of the Arizona State Land Department, the site will not be required to provide screening or landscaping as required by the Zoning Code. 
Executive Summary:
This is a request for a Zoning Code Variance from the minimum screening and landscape requirements for a proposed Composting Facility located at 2661 N El Paso Flagstaff Road.
Financial Impact:
There are no anticipated financial impacts affiliated with this request.
Policy Impact:
There are no anticipated policy impacts affiliated with this request.
Connection to PBB Key Community Priorities/Objectives & 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 previous Minor Regional Plan and Zoning Map Amendment staff reports for full analysis.
Previous Council Decision on This:
There have been no previous Council decisions on this application.
Options and Alternatives:
Council can approve the variance as proposed, approve the variance with additional conditions, or deny the variance.
Background/History:
Section 10-50.50.050 of the Zoning Code requires all outdoor storage areas for materials, mechanical equipment, or vehicles, and all loading/unloading areas or service bays to be screened from street view by a screen wall constructed to a minimum height of six feet and designed in compliance with the standards of the Zoning Code.
 
Division 10-50.60 of the Zoning Code requires all new developments (except single-family residential uses) to provide landscaping in accordance with the division.  Section 10-50.60.040.B.1.b requires properties within the Industrial Zones to provide a minimum landscape buffer of at least five feet when a six-foot fence or wall is required or ten feet without a screen wall.  No peripheral buffering or parking lot landscaping is required for this development. 

The applicant is requesting a variance to remove the requirement for screening and landscaping.  The property is owned by the Arizona State Land Department and the applicant has obtained a Special Land Use Permit (SLUP) to utilize the property as a ground-based green waste recycling operation generating mulch and compost.  The SLUP prohibits permanent improvements on site and has been issued for a term of two years with the possibility to extend. Proposed improvements to the site will be limited to grading, fire safety, and stormwater management.

The property subject to the Special Use Permit is limited to a total of 7.29 acres of a larger parcel which is currently zoned Highway Commercial (HC).  The applicant is proposing to rezone the 7.29 acres to Heavy Industrial (HI) which allows for composting facilities.  Composting Facility is defined by the Zoning Code as a facility in which controlled biological decomposition of organic solid waste, excluding restaurant grease and septage, derived primarily from off-site locations under in-vessel anaerobic or aerobic conditions, occurs for commercial purposes.

The subject property is in a remote area surrounded by other similar uses without the benefit of screening or landscaping.  El Paso Flagstaff Road does provide direct access to the Picture Canyon Trailhead which is heavily used by the public. 
Key Considerations:
Pursuant to A.R.S. Section §9-462.06, the Board of Adjustment is authorized to consider and approve variances from the otherwise applicable provisions of the Zoning Code subject to specific standards or findings.  Division 10-20.70 of the Zoning Code establishes the process for applying and the requirements to review and approve a variance application by the Board of Adjustment.  The information to be considered by the Board in the approval or denial of a variance application is limited to four (4) criteria specified below.  It should be noted that the Board of Adjustment may only consider and apply arguments pertaining to the findings.

A variance shall only be granted if the applicant demonstrates all of the following:
  1. That, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of these regulations will deprive such property of privileges enjoyed by other property of the same classification in the same zone;
Applicant Statement:
The special circumstances are that the parcel in question shall remain under the ownership of the Arizona State Land Department/Trust.  Application of the requirement for the landscaping and screening necessarily requires that the applicant provide facilities for the benefit of the city/public that they do not have the ability to retain.  Any other property not subject to these special circumstances enjoys the privilege of retaining their improvements to their property.

Staff Analysis:
There are only three development sites in the city currently zoned Heavy Industrial.  One has an unscreened temporary use adjacent to a residential area, the second has an unscreened industrial use adjacent to the subject site and the other does not have industrial uses nor is it likely to in the future (currently used as a police station, detention facility, and park).  The subject site is located within the vicinity of other similar uses, one within the Heavy Industrial Zone, that do not provide screening or landscaping.  The applicant is requesting to develop their use subject to the same privileges enjoyed by other properties in the immediate vicinity.
The subject site has a rolling terrain and is a large enough site that a six-foot screen fence or landscaping along the property frontage is unlikely to screen the proposed use which will consist of material stockpiles.
  1. That a grant of a variance will be subject to conditions to ensure that the adjustment authorized is the minimum variation needed and that it will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located;
Applicant Statement:
The applicant is not aware of any other properties zoned Heavy Industrial, subject to these requirements, that are also Arizona State Land Department land, and that would therefore be subject to these same limitations.  The other properties in the vicinity, including the CEMEX storage facility and the City of Flagstaff wastewater treatment plan, are not compliant with 10-50.50.050 Screen Walls or Division 10-50.60: Landscaping Standards.

Staff Analysis:
There are very few parcels within the City of Flagstaff that are currently zoned Heavy Industrial.  This zoning category is intended to provide locations for the most intensive industrial uses possible within the city.  As noted above, the property is located within the vicinity of other similar uses that currently do not provide screening or landscaping and are subject to the same conditions as the subject site.
  1. The special circumstances applicable to the property are not self-imposed by any person having an interest in the property; and
Applicant Statement:
The requirements of the Arizona State Land Department regarding Special Land Use Permits are determined by statutes not the department or the applicant.

Staff Analysis:
The site has unique topography which limits the ability for screen fencing or property frontage landscape to adequately screen the proposed use which will include large material stockpiles.  The placement of the required screening and landscaping does little to preserve the aesthetic quality of an area that already serves several unscreened industrial uses. 
  1. The variance will not allow the establishment of a use which: (1) is not otherwise permitted in the zone, (2) would result in the extension of a nonconforming use or structure, or (3) would change the terms of the zone of any or all of the subject property.
Applicant Statement:
The use as described in the project request is allowed in the zone, neither another use nor any use not permitted in the HI zone will be established, created, or facilitated by this variance.  There is no existing nonconforming use or structure to be extended.  The requested variance is not specific to the use or zone of the subject property, it relates to requirements that exist across all zones, so does not change the terms of the HI zone of the property. 

Staff Analysis:
The approval of a variance will not establish a use on the property that: 1) is not allowed in the Heavy Industrial (HI) zone; 2) would result in the extension of a nonconforming use or structure; or, 3) changes the terms of the Heavy Industrial (HI) zone of any or all the subject property.
Community Involvement:
Inform.  The applicant has provided notice by mail of the hearing for this application to the property owners within 300 feet of the subject property and staff has placed a sign on the property.  The notice and sign contain the date, time, and place of the hearing.

As of the date of this report, staff has not received any public comments regarding the proposed application.

Attachments: Variance Application
Original Variance Report
Variance Narrative
Variance Context Photos
 
10.D.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Tiffany Antol, Senior Planner
Date: 04/11/2022
Meeting Date: 05/17/2022

TITLE:
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.
STAFF RECOMMENDED ACTION:
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.
Background/History:
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.

Attachments: Ord. 2022-11
Application
Planning & Zoning Commission Staff Report
 
11.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Bryce Doty, Real Estate Manager
Date: 04/19/2022
Meeting Date: 05/17/2022

TITLE:
Consideration and Adoption of Ordinance No. 2022-13:  An ordinance of the City Council of the City of Flagstaff authorizing the acquisition of real property and the determination and offers of relocation benefits to persons displaced to make way for the Fourth Street/Cedar Avenue/Lockett Road roundabout project; providing for delegation of authority, severability, authority for clerical corrections, and establishing an effective date
STAFF RECOMMENDED ACTION:
At the May 17, 2022 Council Meeting:
1) Read Ordinance No. 2022-13 by title only for the first time
2) City Clerk reads Ordinance No. 2022-13 by title only (if approved above)
At the June 7, 2022 Council Meeting:
3) Read Ordinance No. 2022-13 by title only for the final time
4) City Clerk reads Ordinance No. 2022-13 by title only (if approved above)
5) Adopt Ordinance No. 2022-13

Staff recommends adopting both Option 1 and Option 2 set forth in the Ordinance, related to delegation of authority.
Executive Summary:
Construction of the Fourth Street/Cedar Avenue/Lockett Road Roundabout Project ("Project") requires permanent property acquisitions from four parcels, including a full acquisition of the primary residence at 2207 E Lockett Road. Adoption of this ordinance will authorize the acquisition of the real property interests required for the project. The full acquisition will require relocation. As the project is federally funded, the relocation will be performed according to the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. This ordinance additionally authorizes staff to provide and pay for determination of relocation benefits to the displaced persons.
Financial Impact:
Right-of-way acquisition and relocation benefits are currently estimated at $623,211 for the project. The total project cost is estimated at $4,176,405. The total City financial commitment is currently estimated at $2,248,038. $1,385,969 in HSIP Federal Funds will be available for the construction costs.  The City is responsible for any project costs in excess of the current HSIP grant award of $1,928,366.  The City of Flagstaff construction cost share estimate is currently $1,614,225.00.  This amount is an estimate. The project has requested $1,750,000 in new City Transportation Tax FY 23 money to fund this shortfall. When costs are finalized, additional funding shall be identified as needed. City monies for construction shall be paid to ADOT prior to project advertisement currently anticipated in Fall 2022.
Policy Impact:
None.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
Safe and Healthy Community - Foster a safe, secure, and healthy community. Ensure the built environment is safe through the use of consistent standards, rules and regulations, and land use practices.

Inclusive and Engaged Community - Advance social equity and social justice in Flagstaff. 

Sustainable, Innovative Infrastructure - Deliver outstanding services to residents through a healthy, well maintained infrastructure system. Utilize existing long-range plans that identify the community's future infrastructure needs and all associated costs. Identify smart traffic management, multi-modal transportation, and alternative energy opportunities.

Environmental Stewardship - Implement sustainable building practices and alternative energy and transportation options. Implement, maintain and further the Climate Action and Adaptation Plan.

Regional Plan
Goal T.2.  - Improve transportation safety and efficiency for all modes. T.2.1 - Design infrastructure to provide safe and efficient movement of vehicles, bicycles, and pedestrians.
Has There Been Previous Council Decision on This:
Council approved an IGA between the City of Flagstaff and ADOT for this project on May 19th, 2020. On April 5th, Council approved the Amendment No. One to the IGA between the City and ADOT.
Options and Alternatives:
1. Adopt Ordinance, including both Options 1 and 2 related to delegation of authority.  These options authorize the City to enter into a contract for purchase and pay just compensation reasonably consistent with the appraisal, and to offer relocation benefits consistent with the relocation benefits consultant's determination, respectively, even if such amounts exceed $50,000.   

2. Adopt Ordinance, without Option 1 and/or 2 related to delegation of authority.

3. Do not adopt Ordinance, in which case CIty will not acquire property rights necessary for the project.

Attachments: Ord. 2022-13
Ordinance Exhibits
 
11.B.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Genevieve Pearthree, Senior Planner
Date: 04/26/2022
Meeting Date: 05/17/2022

TITLE:
Consideration and Adoption of Resolution No. 2022-22:   A resolution of the Flagstaff City Council, authorizing the execution of a Development Agreement between the City of Flagstaff and Flagland LLC for Flagstaff Rehab Campus related to the development of approximately 10.05 acres of real property generally located at 7000 North Highway 89 and establishing an effective date.
STAFF RECOMMENDED ACTION:
1) Read Resolution No. 2022-22 by title only
2) City Clerk reads Resolution No. 2022-22 by title only (if approved above)
3) Adopt Resolution No. 2022-22
Executive Summary:
**IF AVAILABLE, DRAFT DEVELOPMENT AGREEMENT TO BE PROVIDED PRIOR TO THE FINAL AGENDA**

State law allows the City to enter into development agreements with landowners and persons having an interest in real property in order to facilitate the development of the property.  The Flagstaff Rehab Campus development agreement is intended to facilitate the development of approximately 10.05 acres of land generally located at 7000 North Highway 89.  The applicant intends to develop the property for use as a 174-bed mental and behavioral health and substance abuse treatment campus, and set aside two areas for future development.

The property is currently outside of the corporate boundaries of the City of Flagstaff and has the Coconino County Zoning Designation of Commercial Heavy 10,000 (CH-10,000). The applicant is requesting to annex the property into the City of Flagstaff corporate boundaries and receive City of Flagstaff Highway Commercial, Resource Protection Overlay (HC RPO) zoning in Annexation Application No. PZ-20-00164-03. Upon annexation, the Developer is requesting 1.09 acres of the subject Property receive a Rezoning to Rural Residential, Resource Protection Overlay (RR, RPO) zoning in Concept Zoning Map Amendment Application No. PZ-20-00164-04. The agreement covers the requested entitlements for the property, specifics of the development plan, developer obligations, and City obligations.
Financial Impact:
This Development Agreement is associated with concurrent annexation and rezoning requests. The purpose of the annexation request is to extend the City of Flagstaff corporate boundary to provide the subject property with water, sewer, and other City services to facilitate the development of a 174-bed mental behavioral health and substance abuse treatment campus and two commercial pads. The development will extend a waterline along North Highway 89 in the public right of way, and will extend a sewer line across the subject property. The waterline extension will be dedicated to the City of Flagstaff for continued maintenance and operation. Currently, the site has access directly onto an ADOT-maintained roadway. Upon annexation, a portion of the assessed property tax will go to the City of Flagstaff. 
Policy Impact:
There are no policy impacts affiliated with the Development Agreement.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
PBB Priorities/Objectives
  • Support social services, community partners, and housing opportunities.
  • Utilize existing long-range plan(s) that identify the community's future infrastructure needs and all associated costs.
  • Grow and strengthen a more robust, diverse, and resilient economy.
  • Provide amenities and activities that support a healthy lifestyle.
Regional Plan
  • A full summary of community benefits and considerations related to this request are addressed in more detail in the Planning & Zoning commission Staff Reports for the concurrent Annexation and Concept Zoning Map Amendment Reports, dated November 23, 2021, attached to the staff summaries for Ordinance No. 2022-01 and Ordinance No. 2022-02.
Carbon Neutrality Plan
  • DD-2: Create inclusive networks for walking and biking that are continuous, attractive, safe, comprehensive, and convenient for people of all ages.
Has There Been Previous Council Decision on This:
On January 4, 2022, January 18, 2022, February 1, 2022, and April 19, 2022, the City Council held hearings to consider and adopt Ordinance No. 2022-01 to annex 10.05 acres of land, located at 7000 North Highway 89, and Ordinance No. 2022-02 to rezone 1.09 acres of the 10.05-acres from Highway Commercial (HC) to Rural Residential (RR) zoning to allow for an equine therapy facility.
  • On January 4, 2022, the City Council held a public hearing to consider the proposed annexation. 
  • On January 18, 2022, the City Council voted to read both ordinances by title only for the first time.
  • On February 1, 2022, the City Council voted to continue the second read of both ordinances until April 19, 2022, and directed the applicant to pursue a Development Agreement to require the parcel being annexed to develop in substantial conformance with the Concept Plan deemed “Complete with Conditions” by the City of Flagstaff Inter-Division Staff (IDS) on March 16, 2021 in Application No. PZ-20-00164-01.
  • On April 19, 2022, the City Council voted to continue the second read of the ordinances until May 17, 2022. 
Options and Alternatives:
  1. Approve the Flagstaff Rehab Campus Development Agreement as presented.
  2. Approve the Flagstaff Rehab Campus Development Agreement with additional, modified, or deleted terms.
  3. Remand the Flagstaff Rehab Campus Development Agreement back to staff for additional negotiations with applicant.
  4. Deny the Flagstaff Rehab Campus Development Agreement.
Background/History:
Development Overview
The 10.05-acre parcel that is the subject of this Development Agreement (and concurrent Annexation and Concept Zoning Map Amendment requests) is adjacent to the northern Flagstaff city boundary and is located just east of North Highway 89. The parcel is within the Urban Service Boundary as identified by the Flagstaff Regional Plan 2030, and will receive city trash, water, and sewer service upon annexation. The subject site previously contained Blue Ribbon Homes (a manufactured home dealership) and is in the Heavy Commercial (CH-10,000) Coconino County zoning district. The parcel is proposed to be annexed into the Flagstaff city limits with Highway Commercial (HC) zoning and a Resource Protection Overlay (RPO). The applicant proposes to develop a 174-bed mental behavioral health and substance abuse treatment campus and set aside two areas for future commercial development.

After annexation, the subject parcel is proposed to be combined with the approximately 2.15-acre vacant parcel to the south (APN 113-17-011A), which is already inside the city limits. The combined parcels (12.21 acres total) will then be sudivided into four separate parcels. Parcels 1 and 2 will consist of the campus. Parcels 3 and 4 are proposed to be future commercial pads (conceptually shown as restaurants/cafes).

The applicant has also submitted a concurrent Concept Zoning Map Amendment request PZ-20-00164-04 (Ordinance 2022-02) to rezone the northern 1.09 acres of the 10.05-acre parcel from HC to Rural Residential (RR) zoning once the parcel is annexed. The purpose of that request is to accommodate an Equestrian Recreational Facility that will provide equine therapy to patients. City Code Chapter 6-03: Animal Keeping does not allow large livestock (including horses) in the HC zone, but does allow large livestock in the RR zone. The Zoning Code allows Equestrian Recreational Facilities with a Conditional Use Permit in the RR zone.

Project History and Next Steps
The applicant submitted for Concept Plan and Concept Plat review prior to submitting Annexation and Concept Zoning Map Amendment applications. The purpose of the Concept Plan/Plat reviews is to determine whether the proposed project conceptually conforms with City Code. The City of Flagstaff Inter-Division Staff (IDS) made this determination and as such deemed both applications to be “Complete with Conditions” (the Concept Plan on March 16, 2021, and the Concept Plat on May 19, 2021).

The applicant will apply for Site Plan approval should the City Council approve the Annexation and Concept Zoning Map Amendment applications. Site Plan constitutes a formal approval, which, if obtained, will allow the applicant to apply for Civil Engineering Plans and Building Permit review, and for a Conditional Use Permit for the equestrian facility. The applicant will also submit for final plat review to subdivide the entire 12.21-acre site into four separate parcels. The City Council approves final plats.
Key Considerations:
On February 1, 2022, the City Council directed the applicant to pursue a Development Agreement to require the parcel to develop in substantial conformance with the Concept Plan deemed “Complete with Conditions” by the City of Flagstaff Inter-Division Staff (IDS) on March 16, 2021 in Application No. PZ-20-00164-01. The draft Development Agreement is attached to this report.  The primary purpose of this agreement is to set out roles and responsibilities regarding the following (not limited to):
  1. The property will be developed in substantial conformance with the Concept Plan, Natural Resource Protection Plan, and project narrative including but not limited to the proposed density, intensity, and general layout of the site, deemed “Complete with Conditions” by the City of Flagstaff Inter-Division Staff (IDS) on March 16, 2021 in Application No. PZ-20-00164-01.
  2. Allowed uses for the two areas set aside for future development in the Concept Plan are all uses allowed in the Highway Commercial (HC) zone.
  3. Off-site traffic improvements.
  4. Maintenance of adjacent right of way landscaping and irrigation. 
  5. On- and off-site water and sewer line extensions. 
  6. On-site stormwater improvements.
  7. Utility easements. 
Community Benefits and Considerations:
If annexed and developed as stipulated in the draft Development Agreement, the project will provide a mental health and substance abuse treatment campus, as well as two commercial pads for future development. A full summary of community benefits and considerations related to this request are addressed in more detail in the Planning & Zoning commission Staff Reports for the concurrent Annexation and Concept Zoning Map Amendment Reports, dated November 23, 2021, attached to the staff summaries for Ordinance No. 2022-01 and Ordinance No. 2022-02.
Community Involvement:
Public hearings before the Planning and Zoning Commission and City Council are conducted in conjunction with requests for annexation.  In accordance with State statute, a notice of the public hearing was provided by placing an ad in the Arizona Daily Sun, posting at least three notices on the property, and mailing a notice to all property owners within 600 feet of the site (exceeding the 300-foot minimum notification area), and to the City’s “Registry of Persons and Groups.” Annexation notices were also provided to the Coconino County Recorder, County Assessor, County Community Development Department, and the Chair of the Board of Supervisors.  All notifications were completed at least 15 days prior to the first scheduled public hearing. A copy of the publication notice, pictures of the postings, a mailing list, and a copy of the mailing notice are included in the attached Public Participation Plan. 

The Planning and Zoning Commission held a public hearing on this application on December 8, 2021. The Commission recommended approval of the annexation by a unanimous vote (5-members present). No public comments were received. 

The applicant held a virtual neighborhood meeting on June 30, 2021, via Zoom as part of the Neighborhood Meeting public notification process required for annexations.  During the meeting, the applicant provided background information about the project and answered questions posed by meeting attendees through the meeting chat or verbally. The applicant created a Record of Proceedings, which was provided to meeting attendees via hard copy mail and email in accordance with city code (and is included as part of the Public Participation Plan). Staff was subsequently contacted by three community members who requested additional information about the development.

Staff received one public comment following the February 1, 2022 City Council meeting. The comment is included at the end of the Public Participation Plan attached to this staff summary reports associated with Ordinance 2022-01 and Ordinance 2022-02. 

Attachments: Res. 2022-22
 
11.C.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Genevieve Pearthree, Senior Planner
Date: 04/22/2022
Meeting Date: 05/17/2022

TITLE:
Consideration and Adoption of Ordinance No. 2022-01: An Ordinance of the City Council of the City of Flagstaff, extending and increasing the corporate limits of the City of Flagstaff pursuant to the provisions of Title 9, Chapter 4, Arizona Revised Statutes, by annexing approximately 10.05 acres of land located at 7000 North Highway 89, which certain land is contiguous to the existing corporate limits of the City of Flagstaff, and establishing city zoning for said land as Highway Commercial (HC) with a Resource Protection Overlay (RPO); providing for severability, authority for clerical corrections, and establishing an effective date. (Flagstaff Rehab Campus Annexation: Project Number PZ-20-00164-03).
STAFF RECOMMENDED ACTION:
1) Read Ordinance No. 2022-01 by title only for the final time
2) City Clerk reads Ordinance No. 2022-01 by title only (if approved above)
3) Adopt Ordinance No. 2022-01
Executive Summary:
An annexation request from Flagland LLC of approximately 10.05 acres of land, located at 7000 North Highway 89 and further described as Coconino County Assessor's Parcel Number 301-50-005G, into the corporate limits of the City of Flagstaff, and establishing city zoning for said land as Highway Commercial (HC) with a Resource Protection Overlay (RPO).

The Planning & Zoning Commission in a public hearing on December 8, 2021, recommended 5-0 to forward this Annexation request to the City Council with a recommendation of approval with the following condition: 
  1. The subject property shall enter into the City of Flagstaff corporate limits with Highway Commercial (HC) zoning and a Resource Protection Overlay (RPO).

On February 1, 2022, the City Council directed the applicant to pursue a Development Agreement to require the parcel to develop in substantial conformance with the Concept Plan deemed “Complete with Conditions” by the City of Flagstaff Inter-Division Staff (IDS) on March 16, 2021 in Application No. PZ-20-00164-01. The applicant has submitted a draft Development Agreement for City Council consideration on this (May 17, 2022) City Council agenda.
Financial Impact:
The purpose of this annexation request is to extend the City of Flagstaff corporate boundary to provide the subject property with water, sewer, and other City services to facilitate the development of a 174-bed mental behavioral health and substance abuse treatment campus and two commercial pads. The development will extend a waterline along North Highway 89 in the public right of way, and will extend a sewer line across the subject property. The waterline extension will be dedicated to the City of Flagstaff for continued maintenance and operation. Currently, the site has access directly onto an ADOT-maintained roadway. Upon annexation, a portion of the assessed property tax will go to the City of Flagstaff. 
Policy Impact:
None.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
PBB Priorities/Objectives
  • Utilize existing long-range plan(s) that identify the community's future infrastructure needs and all associated costs.
  • Grow and strengthen a more robust, diverse, and resilient economy.
Regional Plan
  • Goal LU.7.2 – Require unincorporated properties to be annexed prior to provision of City services, or that a pre-annexation agreement is executed when deemed appropriate.
  • Policy WR.4.3 – Development requiring public utility services will be located within the Urban Growth Boundary.
  • Page III-10:
    • The proposed annexation should not be detrimental to the majority of persons or property in the surrounding area or the community in general.
    • Annexation must demonstrate a favorable benefit to the taxpayers of the City.
Carbon Neutrality Plan
  • DD-2: Create inclusive networks for walking and biking that are continuous, attractive, safe, comprehensive, and convenient for people of all ages.
Has There Been Previous Council Decision on This:
On January 4, 2022, January 18, 2022, February 1, 2022, and April 19, 2022, the City Council held hearings to consider and adopt Ordinance No. 2022-01 to annex 10.05 acres of land, located at 7000 North Highway 89, and Ordinance No. 2022-02 to rezone 1.09 acres of the 10.05-acres from Highway Commercial (HC) to Rural Residential (RR) zoning to allow for an equine therapy facility.
  • On January 4, 2022, the City Council held a public hearing to consider the proposed annexation. 
  • On January 18, 2022, the City Council voted to read both ordinances by title only for the first time.
  • On February 1, 2022, the City Council voted to continue the second read of both ordinances until April 19, 2022, and directed the applicant to pursue a Development Agreement to require the parcel being annexed to develop in substantial conformance with the Concept Plan deemed “Complete with Conditions” by the City of Flagstaff Inter-Division Staff (IDS) on March 16, 2021 in Application No. PZ-20-00164-01.
  • On April 19, 2022, the City Council voted to continue the second read of the ordinances until May 17, 2022. The applicant has submitted a draft Development Agreement for City Council consideration, which is on this (May 17, 2022) City Council agenda. 
Options and Alternatives:
1. Approve the Annexation with the following conditions:
  • The subject property shall enter into the City of Flagstaff corporate limits with Highway Commercial (HC) zoning and a Resource Protection Overlay (RPO).
  • The applicant shall enter into a Development Agreement with the City of Flagstaff to require the subject property to develop in substantial conformance with the Concept Plan deemed “Complete with Conditions” by the City of Flagstaff Inter-Division Staff (IDS) on March 16, 2021 in Application No. PZ-20-00164-01.
2. Approve the Annexation with additional conditions, deleted conditions, or modified conditions.
3. Deny the Annexation. 
Background/History:

Development Overview
The 10.05-acre parcel at 7000 North Highway 89 that is the subject of this annexation request is adjacent to the northern Flagstaff city boundary and is located just east of North Highway 89. The parcel is within the Urban Service Boundary as identified by the Flagstaff Regional Plan 2030, and will receive city trash, water, and sewer service upon annexation. The subject site previously contained Blue Ribbon Homes (a manufactured home dealership) and is in the Heavy Commercial (CH-10,000) Coconino County zoning district. The parcel is proposed to be annexed into the Flagstaff city limits with Highway Commercial (HC) zoning and a Resource Protection Overlay (RPO). The applicant proposes to develop a 174-bed mental behavioral health and substance abuse treatment campus and set aside two areas for future commercial development.

After annexation, the subject parcel is proposed to be combined with the approximately 2.15-acre vacant parcel to the south (APN 113-17-011A), which is already inside the city limits. The combined parcels (12.21 acres total) will then be sudivided into four separate parcels. Parcels 1 and 2 will consist of the campus. Parcels 3 and 4 are proposed to be future commercial pads (conceptually shown as restaurants/cafes).

The applicant has also submitted a concurrent Concept Zoning Map Amendment request PZ-20-00164-04 (Ordinance 2022-02) to rezone the northern 1.09 acres of the 10.05-acre parcel from HC to Rural Residential (RR) zoning once the parcel is annexed. The purpose of that request is to accommodate an Equestrian Recreational Facility that will provide equine therapy to patients. City Code Chapter 6-03: Animal Keeping does not allow large livestock (including horses) in the HC zone, but does allow large livestock in the RR zone. The Zoning Code allows Equestrian Recreational Facilities with a Conditional Use Permit in the RR zone.

Project History and Next Steps
The applicant submitted for Concept Plan and Concept Plat review prior to submitting Annexation and Concept Zoning Map Amendment applications. The purpose of the Concept Plan/Plat reviews is to determine whether the proposed project conceptually conforms with City Code. The City of Flagstaff Inter-Division Staff (IDS) made this determination and as such deemed both applications to be “Complete with Conditions” (the Concept Plan on March 16, 2021, and the Concept Plat on May 19, 2021).

The applicant will apply for Site Plan approval should the City Council approve the Annexation and Concept Zoning Map Amendment applications. Site Plan constitutes a formal approval, which, if obtained, will allow the applicant to apply for Civil Engineering Plans and Building Permit review, and for a Conditional Use Permit for the equestrian facility. The applicant will also submit for final plat review to subdivide the entire 12.21-acre site into four separate parcels. The City Council approves final plats.
Key Considerations:
This annexation will increase the corporate limits of the City of Flagstaff. Annexations are adopted by the City Council via ordinance. Ordinance No. 2022-01 annexes approximately 10.05 acres located at 7000 North Highway 89. Arizona Revised Statute 9-471 requires the governing body of the city or town to hold a public hearing to discuss the annexation proposal prior to annexing the subject property. The City Council held this hearing on January 4, 2022.

On February 1, 2022, the City Council directed the applicant to pursue a Development Agreement to require the parcel being annexed to develop in substantial conformance with the Concept Plan deemed “Complete with Conditions” by the City of Flagstaff Inter-Division Staff (IDS) on March 16, 2021 in Application No. PZ-20-00164-01. The draft Development Agreement (for consideration by City Council as part of this [May 17, 2022] agenda) requires the subject property to be developed in substantial conformance with the Concept Plan, Natural Resource Protection Plan, and project narrative including but not limited to the proposed density, intensity, and general layout of the site, deemed “Complete with Conditions” by the City of Flagstaff Inter-Division Staff (IDS) on March 16, 2021 in Application No. PZ-20-00164-01. The allowed uses on the two areas set aside for future commercial development (shown as restaurant uses in the Concept Plan for conceptual purposes only) are all uses allowed in the Highway Commercial (HC) zone.
Community Benefits and Considerations:
If annexed and developed as stipulated in the draft Development Agreement, the project will provide a mental health and substance abuse treatment campus, as well as two commercial pads for future development. The project will provide significant edge improvements, enhanced landscaping, Dark Sky compliant lighting, and building architecture in compliance with the City of Flagstaff's architectural design standards.
Community Involvement:
Public hearings before the Planning and Zoning Commission and City Council are conducted in conjunction with requests for annexation.  In accordance with State statute, a notice of the public hearing was provided by placing an ad in the Arizona Daily Sun, posting at least three notices on the property, and mailing a notice to all property owners within 600 feet of the site (exceeding the 300-foot minimum notification area), and to the City’s “Registry of Persons and Groups.” Annexation notices were also provided to the Coconino County Recorder, County Assessor, County Community Development Department, and the Chair of the Board of Supervisors.  All notifications were completed at least 15 days prior to the first scheduled public hearing. A copy of the publication notice, pictures of the postings, a mailing list, and a copy of the mailing notice are included in the attached Public Participation Plan. 

The Planning and Zoning Commission held a public hearing on this application on December 8, 2021. The Commission recommended approval of the annexation by a unanimous vote (5-members present). No public comments were received. 

The applicant held a virtual neighborhood meeting on June 30, 2021, via Zoom as part of the Neighborhood Meeting public notification process required for annexations.  During the meeting, the applicant provided background information about the project and answered questions posed by meeting attendees through the meeting chat or verbally. The applicant created a Record of Proceedings, which was provided to meeting attendees via hard copy mail and email in accordance with city code (and is included as part of the Public Participation Plan). Staff was subsequently contacted by three community members who requested additional information about the development.

Staff received one public comment following the February 1, 2022 City Council meeting. The comment is included at the end of the Public Participation Plan attached to this staff summary report. 

Attachments: City Council Presentation
Ord. 2022-01
Exhibit A & B: Legal Description & Map
Annex Application
Blank Annexation Petition
P&Z Staff Report
Annexation Map
Annexation Narrative
Legal Ad
Vicinity Map
Concept Plan, Plat, & Zoning Map Amendment
Concept Building Materials, Elevations, Floor Plans, Civic Space
Public Participation Plan
 
11.D.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Genevieve Pearthree, Senior Planner
Date: 04/22/2022
Meeting Date: 05/17/2022

TITLE:
Consideration, and Adoption of Ordinance No. 2022-02:  An Ordinance of the City Council of the City of Flagstaff, amending the Flagstaff Zoning Map to rezone approximately 1.09 acres of real property generally located at 7000 North Highway 89, a portion of APN 301-50-005G, from the Highway Commercial (HC) zone with a Resource Protection Overlay (RPO) to the Rural Residential (RR) with a Resource Protection Overlay (RPO) with conditions, providing for severability, authority for clerical corrections, and establishing an effective date. (Flagstaff Rehab Campus Concept Zoning Map Amendment: Project Number PZ-20-00164-04).
STAFF RECOMMENDED ACTION:
1) Read Ordinance No. 2022-02 by title only for the final time
2) City Clerk reads Ordinance No. 2022-02 by title only (if approved above)
3) Adopt Ordinance No. 2022-02
Executive Summary:
Concept Zoning Map Amendment, by Flagland LLC, of approximately 1.09 acres located at 7000 North Highway 89 from the Highway Commercial (HC) zone with a Resource Protection Overlay (RPO) to the Rural Residential (RR) with a Resource Protection Overlay (RPO).  The Planning & Zoning Commission held a public hearing on this request on December 8, 2021.  In a 5-0 vote the Commission recommends that the City Council approve this request subject to the conditions as drafted by staff.

On February 1, 2022, the City Council directed the applicant to pursue a Development Agreement to require the parcel to develop in substantial conformance with the Concept Plan deemed “Complete with Conditions” by the City of Flagstaff Inter-Division Staff (IDS) on March 16, 2021 in Application No. PZ-20-00164-01. The applicant has submitted a draft Development Agreement for City Council consideration on this (May 17, 2022) City Council agenda.
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
  1. Safe & Healthy Community:
    • Foster a safe, secure, and healthy community
  2. Sustainable, Innovative Infrastructure
    • Support the community's social infrastructure needs; assist those partner organizations that provide services the City does not
  3. Robust Resilient Economy
    • Grow and strengthen a more robust, diverse, and resilient economy
  4. Livable Community
    • Create a welcoming community through partnerships, resilient neighborhoods, and civic engagement
    • Provide amenities and activities that support a healthy lifestyle
Regional Plan
  • A complete analysis of the Regional Plan goals and policies can be found in the attached project narrative and Planning & Zoning Commission staff report dated November 23, 2021.
Carbon Neutrality Plan
  • DD-2: Create inclusive networks for walking and biking that are continuous, attractive, safe, comprehensive, and convenient for people of all ages.
Has There Been Previous Council Decision on This:
On January 4, 2022, January 18, 2022, February 1, 2022, and April 19, 2022, the City Council held hearings to consider and adopt Ordinance No. 2022-01 to annex 10.05 acres of land, located at 7000 North Highway 89, and Ordinance No. 2022-02 to rezone 1.09 acres of the 10.05-acres from Highway Commercial (HC) to Rural Residential (RR) zoning to allow for an equine therapy facility.
  • On January 4, 2022, the City Council held a public hearing to consider the proposed annexation. 
  • On January 18, 2022, the City Council voted to read both ordinances by title only for the first time.
  • On February 1, 2022, the City Council voted to continue the second read of both ordinances until April 19, 2022, and directed the applicant to pursue a Development Agreement to require the parcel being annexed to develop in substantial conformance with the Concept Plan deemed “Complete with Conditions” by the City of Flagstaff Inter-Division Staff (IDS) on March 16, 2021 in Application No. PZ-20-00164-01.
  • On April 19, 2022, the City Council voted to continue the second read of the ordinances until May 17, 2022. The applicant has submitted a draft Development Agreement for City Council consideration, which is on this (May 17, 2022) City Council agenda under Resolution 2022-22.
Options and Alternatives:
1) Approve the Concept Zoning Map Amendment with the conditions as presented by Staff and as recommended by the Planning and Zoning Commission.
2) Approve the Concept Zoning Map Amendment with additional conditions, deleted conditions, or modified conditions.
3) Deny the Concept Zoning Map Amendment.

The Planning and Zoning Commission voted 5-0 to forward the Concept Zoning Map Amendment request with a recommendation of approval with the following conditions: 
  1. The subject property shall be developed in substantial conformance with the Concept Plan, Natural Resource Protection Plan, and project narrative including but not limited to the proposed density, intensity, and general layout of the site, deemed “Complete with Conditions” by the Inter-Division Staff (IDS) on March 16, 2021.
  2. The proposed Equestrian Recreational Facility will be an accessory use to the primary Custodial Care Use, shown in the Concept Plan as a mental behavioral health and substance abuse treatment campus.
  3. The proposed development shall obtain a Conditional Use Permit for the Equestrian Recreational Facility, as required by the Zoning Code, as a condition of Site Plan approval.
  4. The proposed development shall meet all requirements for the keeping of horses as stated in City Code Section 6-03: Animal Keeping.
  5. The proposed development shall meet all other requirements of the Zoning Code and other City codes, ordinances, and regulations.
  6. In the event the property is rezoned, and the developer fails to obtain final Civil Plan approval within two years of the effective date of the rezoning ordinance, then the City may schedule a public hearing before the City Council for the purpose of causing the zoning on the property to revert to the former classification of Highway Commercial (HC) with a Resource Protection Overlay (RPO) in accordance with A.R.S. § 9-462.01
Background/History:
The applicant, Flagland LLC, requests a Concept Zoning Map Amendment to rezone an approximately 1.09-acre section of a larger 10.05-acre parcel from Highway Commercial (HC) zoning to the Rural Residential (RR) zoning. This parcel is subject to a concurrent Annexation request (PZ-20-00164-03). Flagland LLC proposes to develop a mental behavioral health and substance abuse treatment campus and set aside two areas for future commercial development (conceptually shown as restaurant/café uses).
 
The purpose of the Concept Zoning Map Amendment is to allow the development of an equine therapy facility, which will be an accessory use to the larger campus and will be located on the northeastern portion of the site. Large livestock are not currently allowed in the HC zone per City Code Section 6-03-001-0003: Keeping of Livestock, but they are allowed in the RR zone, subject to specific rules and restrictions. Further, RR zoning permits an Equestrian Recreational Facility use with a Conditional Use Permit (CUP), subject to approval by the Planning and Zoning Commission. The facility will consist of an 1,800 square foot stable with a 700 square foot patio, and associated pasture/paddock area.

An applicant requesting an amendment to the Zoning Map may elect to pursue either a “Direct to Ordinance with a Site Plan” or “Authorization to Rezone with a Concept Zoning Plan” per Section 10-20.50.040.D of the Zoning Code.  The Direct to Ordinance with a Site Plan process requires the applicant to submit fully developed site plans with all supporting information required for Site Plan review concurrently with the Zoning Map amendment application.  Once the Zoning Map amendment is approved by the Council, then the applicant can proceed directly to the construction plan and building permit review.  The Authorization to Rezone with a Concept Zoning Plan process allows the applicant to prepare a concept zoning plan and pursue Site Plan application after Council approves the Zoning Map Amendment. 

A Concept Zoning Plan should consist of a plan with proposed use(s), vicinity maps, context map, concept phasing, housing types if applicable and a proposed circulation map.  This means that staff has not reviewed building heights, development standards, landscape plans, outdoor lighting plans, signage plans, or architectural design standards for this project in a detailed and cohesive manner.  These reviews will only take place after the Zoning Map Amendment is approved. 
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, dated November 23, 2021. 
Community Involvement:
Public hearings before the Planning and Zoning Commission and City Council are conducted in conjunction with requests for a Concept Zoning Map Amendment.  In accordance with City Code, a notice of the public hearing was provided by placing an ad in the Arizona Daily Sun, posting at least one sign on the property, and mailing a notice to all property owners within 600 feet of the site (exceeding the 300-foot minimum notification area), and to the City’s “Registry of Persons and Groups.”  All notifications were completed at least 15 days prior to the first scheduled public hearing. A copy of the publication notice, pictures of the postings, a mailing list, and a copy of the mailing notice are included in the attached Public Participation Plan. 

The Planning and Zoning Commission held a public hearing on this application on December 8, 2021. The Commission recommended approval of the Concept Zoning Map Amendment by a unanimous vote (5-members present). No public comments were received. 

The applicant held a virtual neighborhood meeting on June 30, 2021 via Zoom as part of the Neighborhood Meeting public notification process required for Concept Zoning Map Amendments.  During the meeting the applicant provided background information about the project and answered questions posed by meeting attendees through the meeting chat or verbally. The applicant created a Record of Proceedings, which was provided to meeting attendees via hard copy mail and email in accordance with city code (and is included as part of the Public Participation Plan). Staff was subsequently contacted by three community members who requested additional information about the development.

Staff received one public comment following the February 1, 2022 City Council meeting. The comment is included at the end of the Public Participation Plan attached to this staff summary report. 

Attachments: City Council Presentation
Ord. 2022-02
Exhibit A - Legal Description
Legal Ad
Vicinity Map
Zoning Vicinity Map
Concept Plan, Concept Plat, & Concept Zoning Map Amendment
Concept Building Materials, Elevations, Floor Plans, Civic Space
Project Narrative and Regional Plan Analysis
Public Participation Plan
NRPP for RR section
P&Z Staff Report
 
12.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Neil Chapman, Forest Health Supervisor
Date: 05/04/2022
Meeting Date: 05/17/2022

TITLE
2022 Wildland Fire Preparedness Briefing
STAFF RECOMMENDED ACTION:
Presentation and Information Only
EXECUTIVE SUMMARY:
Along with local partners, Wildland Fire Management will present a description of local preparedness efforts and planning for the upcoming 2022 wildfire season. Available resources, community outreach strategies and priority wildfire risk reduction projects will also be discussed as a means to compliment annual planning efforts.
INFORMATION:
The presentation will cover seasonal wildfire outlooks and preparedness level activities of potential suppression of unplanned wildland fire events.

Attachments:
 
13.A.
         
CITY OF FLAGSTAFF
STAFF SUMMARY REPORT
To: The Honorable Mayor and Council
From: Stacy Saltzburg, City Clerk
Date: 05/04/2022
Meeting Date: 05/17/2022

TITLE
Future Agenda Item Request (F.A.I.R.) A Citizens' Petition titled "Climate Emergency. Stop the Money Pipeline"
STAFF RECOMMENDED ACTION:
Council direction.
EXECUTIVE SUMMARY:
In accordance with Art. II, Sect. 17 of the Flagstaff City Charter, any citizen may present a written petition to the City Manager, signed by a minimum of 25 citizens from the City...who shall present it to the Council at its next regular meeting. The attached petition was filed with the City Clerk's Office on May 3, 2022, requesting "the City Council instruct the City's financial managers to move the City's banking from Wells Fargo, one of the world's top financiers of the fossil fuel industry, to a Community Bank or Credit Union."
INFORMATION:
Chapter 1-12 of the Flagstaff City Code formalizes the information to be required, and the attached petition conforms to those requirements. As outlined in this chapter, the petition is to be submitted to the Council under Future Agenda Item Request (F.A.I.R.) to determine if there is Council interest in placing the item on a future agenda for consideration.

Attachments: Petition #2022-01