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9.B.

Meeting Date:	05/05/2020
From:	Dan Symer, Zoning Code Manager

Information

TITLE:

Consideration and Adoption of Resolution No. 2020-17 and Ordinance No. No. 2020-11: A Resolution of the City Council of the City of Flagstaff, Coconino County, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "Case No. PZ-19-00125 Updates to Zoning Code 2020 – Miscellaneous Part 1"; and, an Ordinance of the City Council of the City of Flagstaff, Coconino County, Arizona, amending the Flagstaff City Code, Title 10, Flagstaff Zoning Code, to resolve conflicts, incorporate technical corrections and clarity, and modify existing and add new requirements, provisions, and definitions.

STAFF RECOMMENDED ACTION:

1) Adopt Resolution No. 2020-17
2) Read Ordinance No. 2020-11 by title only for the final time
3) City Clerk reads Ordinance No. 2020-11 by title only (if approved above)
4) Adopt Ordinance No. 2020-11

Executive Summary:

The proposed amendment (Case No. PZ-19-00125) includes changes to the Zoning Code to resolve conflicts, incorporate technical corrections and clarity, and add new, and modify existing, requirements, provisions, and definitions.

On February 26, 2020, the Planning and Zoning Commission recommended approval of the proposed amendment to the City Council with a vote of 5-0.

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 Council Goal, Regional Plan, CAAP, and/or Strategic Plan:

Council Goals:
Revise the Zoning Code to remove ambiguities, and ensure it is consistent with the community values and the Regional Plan.

Team Flagstaff Strategic Plan:
Work in partnership with to enhance a safe and livable community.

Regional Plan:
Please refer to letter A of the Key Considerations section of this report.

Has There Been Previous Council Decision on This:

The Zoning Code was adopted by the City Council on November 1, 2011, to replace the former Land Development Code. Since its adoption, the Code has been amended several times to address procedures, add clarity, resolve conflicts, address planning initiatives, incorporate private amendments, and to address changes in state law and U.S. Supreme Court decisions. As of the date of this report, the most recent amendments to the Zoning Code were approved by the City Council on November 5, 2019. The November amendments addressed accessory dwelling units and a series of miscellaneous modifications.

Options and Alternatives:

The City Council may adopt, modify, or deny the amendment.

Background and History:

The Zoning Code was adopted by the City Council on November 1, 2011, to replace the former Land Development Code. Since its adoption, the Code has been amended several times to address procedures, add clarity and new provisions, resolve conflicts, incorporate accessory dwelling units and applicant amendments, and to address changes in state law and U.S. Supreme Court decisions.

On March 10, 2020, the City Council held a work session on the proposed amendment. A majority of the comments and questions were general clarifications and editorial. Specific questions regarding the amendment included the following:

Triplex lot size in the Transect Zones. The proposed amendment is to increase the lot size requirements for new and existing lots of a triplex development. The current triplex requirement is the same as the duplex standard in the Transect Zones, which is opined to be too small for a three-unit development. The purpose of the modification is to require additional lot width and depth to accommodate designs that may be more compatible with the existing context of a neighborhood. In addition, the modification to the lot area requirement is consistent with the requirements for a three-unit development in the non-transect zones.
Density. The proposed amendment is to increase the maximum allowed density for properties in a pedestrian shed of an Activity Center (per the Regional Plan) that have a Commercial Zone designation and that are also located in a Resource Protection Overlay Zone. The existing allowance is 22 dwelling units per acre, and the proposed allowance is 29 dwelling units per acre. The proposed 29 dwelling units per acre is the current allowance of the Commercial Zones without the Resource Protection Overlay Zone.
Gross Floor Area Ratio. The proposed amendment eliminates the multiple conflicting terms (Floor Area Ratio (FAR) Net Floor Area Ratio (net FAR), and Gross Floor Area Ratio (GFAR) and replaces all uses of these terms with Gross Floor Area Ratio. The proposed definition of Gross Floor Area Ratio is, “An intensity measured as a ratio derived by dividing the total floor area in square feet of all buildings or structures on a development site by the development site area in square feet.” In accordance with the Zoning Code definition of Floor Area, the floor area used to calculate the Gross Floor Area Ratio is the “…sum of the gross floor area for each of a building’s stories measured from the exterior limits of the faces of the structure.”
Screening. The existing roof-mounted screening provision in the Zoning Code includes the phrase “electrical services,” which can be interpreted to require the screening of antennas, satellite dishes, solar panels, and similar electrical devices. This provision applies to all zones and structure types, including single-family and duplex residential structures. To eliminate confusion and interpretation issues, it is proposed to delete the phrase "electrical services".

Proposed Amendment:
The proposed amendment includes multiple changes to the Zoning Code to resolve conflicts, incorporate technical corrections, add clarity, and to simplify the existing requirements. New provisions are being added, and several sections and divisions are being modified, relocated, or deleted.

The most significant of the modifications include:

Clarifying when a Concept Plan application is required;
Adding expiration time frames for Concept Plan and Site Plan applications and approvals;
Clarifying when a property owner may submit a Zoning Map Amendment or Zoning Code Text Amendment;
Allowing 29 dwelling units per acre in the Commercial Zones with the Resource Protection Overlay Zone that are also located in a pedestrian shed of an activity center per the Regional Plan (General Plan);
Allowing the Heritage Preservation Commission to approve less restrictive standards or exceptions to the standards in order to maintain the historic integrity of a historic property in a Transect Zone;
Increasing the lot width and depth requirements for new and existing lots of a triplex development a Transect Zone;
Modifying the equipment screening requirements to require a parapet or roof feature be no shorter than the tallest object being screened, and to require wall-mounted equipment to be screened from surrounding properties, alleys and streets, or to be integrated into the architecture of the building;
Clarifying and modifying the landscape buffer requirements, including the addition of new criteria to allow modifications to the required landscape street buffer; and
Incorporating the building location requirements of the transect private street frontage types when these standards are used in the non-transect zones.

Summary of the Staff Revisions to the Zoning Code
The proposed amendment includes:

Concept Plan Review (Section 10-20.30.050): The Concept Plan Review submittal requirements have been limited to structural modifications. Also, expiration timeframes of Concept Plan applications have been incorporated.
Minor Improvement Permits (Section 10-20.40.080): Changes have been incorporated to exempt animal keeping shelters that are less than 50 square feet from the Minor Improvement Permit application process.
Site Plan Review and Approval (Section 10-20.40.140): Expiration timeframes for Site Plan Review applications and associated approvals have been incorporated.
Initiation of Amendments (Section 10-20.50.030): Changes have been incorporated clarifying when a property owner may submit a Zoning Map Amendment or Zoning Code Text Amendment.
Public Improvements Defined (Section 10-30.50.030): Changes have been incorporated for parkways to be included as a public improvement requirement.
Open Spaces, Civic Spaces, and Outdoor Public Spaces (Section 10-30.60.090): Clarification has been incorporated that the area requirements of open spaces, civic spaces, and outdoor public spaces are based on the defined term of Development Site Area.
Commercial Zones (Section 10-40.30.040): The land use Kennel, Animal Keeping has been added to the list of allowed uses in the Highway Commercial (HC) zone with a Conditional Use Permit.
Building Form and Property Development Standards (Table 10-40.30.040.C.): The density allowance in a pedestrian shed of an activity center with a Commercial Zone and a Resource Protection Overlay Zone designation has been increased from 22 dwelling units per acre to 29 dwelling units per acre.
Building Form and Property Development Standards (Tables 10-40.30.030.C., 10-40.30.040.C., and 10-40.30.050.C. and Section 10-40.30.060.C.): The building height allowances for pitched roofs, elevator and stairwell bulkheads, and architectural features have been incorporated into the property development standard tables. Currently, these provisions are in Section 10-50.30.030, How Building Height is Measured.
Applicability (Section 10-40.40.020): Provisions have been incorporated into the Transect Zone standards pertaining to conflicts with an overlay zone. These provisions specify that the more restrictive standards shall apply unless the overlay specifically indicates which standards govern. In addition, provisions have been incorporated that allow the Heritage Preservation Commission to determine if a less restrictive standard is necessary to maintain the historic nature or context of the property, structure, or area within a Historic Overlay Zone.
Specific to Uses (Division 10-40.60): Provisions have been incorporated for the Kennel, Animal Boarding land use.
Supplemental to Zones, Divisions (Chapter 10-50): Division 10-50.25: Basements, Basement Garages, Building Stem Walls, Crawl Spaces, and Podium Parking Structure Walls, including sections therein, have been incorporated. Currently, these provisions are located in Section 10-50.30.030, How Building Height is Measured. Also, new provisions have been incorporated to accommodate floodplain requirements and walls of a podium parking structure. These provisions require the exterior of the podium parking structure wall to have an architectural finish that is consistent with the rest of the building’s architectural finishes. Also, the changes allow for greater wall heights when they are needed to raise a residential first floor above the lowest floor requirement in a floodplain.
Applicability (Section 10-50.20.020): Clarification has been incorporated pertaining to building and structure elevations that are subject to Section 10-20.40.140, Site Plan Review and Approval. These elevations shall comply with Section 10-50.20, Architectural Design Standards.
How Building Height Is Measured (Section 10-50.30.030): The methodology to measure building height has been modified. Also, several standards of this section are being modified and relocated.
General Fencing and Screening Standards (Section 10-50.50.040): The equipment screening requirements have been modified to require a parapet or roof feature be no shorter than the tallest object being screened, and to require wall-mounted equipment to be screened from surrounding properties, alleys and streets, or to be integrated into the architecture of the building.
Landscape Location Requirements (Section 10-50.60.040): The landscape buffer requirements have been clarified and modified. The modifications include the addition of criteria to allow the modification of the required landscape street buffer.
Number of Motor Vehicle Parking Spaces Required (Table 10-50.80.040.A): Parking requirements for a Tap Room have been incorporated.
Specific to Building Types (Division 10-50.110): The location requirements of the transect private street frontage have been clarified when the Forecourt, Shopfront, Terrace Shopfront, and Gallery are used in the non-transect zones.
Stacked Triplex (Section 10-50.110.120): The triplex development minimum lot width (existing: 50 feet, proposed: 75 feet) and depth (existing: 75 feet, proposed: 100 feet) requirements have been increased for new and existing lots.
Definition of Specialized Terms, Phrases, and Building Functions (Division 10-80.20): This division includes modifications, deletions, and the addition of various definitions of the Zoning Code, including: Acreage, Gross; Acreage, Net; Density; Density, Gross; Development, Multiple-Family; Development Site; Development Site Area; Duplex; Finished Grade; Floor Area Ratio; Gross (GFAR); Industrial, Heavy – General; Key Lot; Micro-brewery or Micro-distillery; Natural Grade; Outdoor Storage or Display; and Yard, Railroad Shop.
Additional Enforcement, Technical, Figure and Term Modifications (Division 10-50.110 and Sections: 10-20.40.090, 10-20.50.040, 10-40.30.030, 10-40.30.050, 10-40.50.030, 10-50.50.030, 10-50.60.010, 10-50.80.040, 10-50.100.050, 10-50.100.100, 10-50.90.060, and Appendix 2): Various technical, enforcement, and cross reference corrections, clarifications, and modifications have been incorporated.

Key Considerations:

Zoning Code Text Amendment
An application for a Zoning Text 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 City Council 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, or denied.

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 proposed amendments are primarily to resolve conflicts, incorporate technical corrections, and add clarity to the Zoning Code. Mainly clerical in nature, the amendments do not substantively modify the existing provisions of the Zoning Code and maintain consistency and conformance with the objectives and policies of the Regional Plan (General Plan) and applicable specific plans.

In addition to the modifications summarized above, the proposed amendment includes:

Adding the Kennel, Animal Keeping land use to the High Commercial (HC) zone as a permitted use with a Conditional Use Permit. The addition of the proposed land use is at the request of a local business owner to allow a café concept that would have pets living at the establishment. Any business with more than four dogs, cats, or other small animals that are kept, maintained, trained, or boarded is considered a Kennel, Animal Keeping land use. Due to the broad nature of the definition of Kennel, Animal Keeping and the accessory use provisions of the Zoning Code, some existing businesses in Highway Commercial (HC) would not be allowed (Petsmart, etc.).

Upon review of the land uses allowed in the High Commercial (HC) zone, and the zone’s existing locations, it has been determined that the use could be allowed with reasonable restrictions. These restrictions include:

a. A maximum floor area size of 10,000 square feet. For reference purposes, the old Arizona Department of Transportation building located directly north of the intersection of South Milton Road and West University Avenue is approximately 10,000 square feet.

b. There shall be no outdoor activities allowed.

c. The walls and ceiling shall include reasonable sound transmission attenuation.

The proposed addition of the Kennel, Animal Keeping land use to the Highway Commercial (HC) zone is consistent with and conforms to the objectives and policies of the Regional Plan (General Plan) and applicable specific plans. This modification will incorporate additional variety and flexibility in the allowed mix of uses that are near neighborhoods and within commercial developments (RP Policies ED.4.2., LU.13.6., and LU.15.3.). Also, the addition of the Kennel, Animal Keeping land use to the Highway Commercial (HC) zone allows for additional locations of the use, which may assist in protecting industrial zoned properties from uses that would otherwise need to be located in an industrial zone (ED.3.8., and LU.16.1.).

Increasing the maximum allowed density of Commercial Zones located in a pedestrian shed of an activity center that also has a Resource Protection Overlay Zone designation. The existing allowance is 22 dwelling units per acre, and the proposed allowance is 29 dwelling units per acre. The proposed amendment would allow a density that is consistent with the Commercial Zones (Community Commercial (CC), Highway Commercial (HC), Commercial Service (CS), and Central Business (CB)) without the Resource Protection Overlay Zone.

The proposed increase in density is consistent with and conforms to the objectives and policies of the Regional Plan (General Plan) and applicable specific plans. This modification will allow increased densities within an activity center’s pedestrian shed, provide for greater flexibility, assist in promoting infill development with densities that could assist in the conservation of environmental resources, reduce the cost of providing infrastructure and services, and contribute to economic investments (RP Policies LU 1.6, LU 5.2, LU18.6, and LU 18.8.). Furthermore, the increase of the density in an activity center’s pedestrian shed promotes the efficient use of existing roads, public and private utilities, facilities and services, alternative transportation options, and reduced vehicle trips and energy consumption (RP Policy LU 7.1.).

Increasing the triplex development minimum lot width (existing: 50 feet, proposed: 75 feet) and depth (existing: 75 feet, proposed: 100 feet) requirements for new and existing lots.

The proposed increase in the triplex minimum lot size is consistent with and conforms to the objectives and policies of the Regional Plan (General Plan) and applicable specific plans. The proposed increase in the triplex minimum lot size requirement is to provide contextually proportional development relationships that respect the existing development patterns of neighborhoods where the triplex development type is allowed (RP CC.3.1., NH.1.2, NH.6.1).

B. Finding #2

The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City;

The proposed amendments are not anticipated to be detrimental to the public interest, health, safety, convenience, or welfare of the City. These amendments are primarily to resolve conflicts, incorporate technical corrections, add clarity, and incorporate public comments and considerations to the Zoning Code.

C. Finding #3

The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.

The proposed amendments enhance the Zoning Code’s internal consistency by resolving conflicts, adding clarity, addressing public comments and considerations, and incorporating new consistent provisions and technical corrections. Furthermore, the proposed amendments are intended to maintain the Zoning Code’s purpose as a comprehensive contemporary set of land uses and requirements that are straightforward, usable, and easily understood.

Community Involvement:

Please refer to letter A of the Key Considerations section of this report.

Expanded Options and Alternatives:

In accordance with State Statute and the Zoning Code, the Planning and Zoning Commission work session and public hearing for this amendment were advertised in the Arizona Daily Sun on December 21, 2019; and, the City Council public hearing was advertised on April 4, 2020. Persons of interest that are on file with the Planning and Development Services Department were notified of the work sessions and hearings via first class mail.

As of the date of this report, the City Staff has received a set of public comments and considerations. These are included as, Attachment 4. To address these comments, several revisions to the proposed amendment have been incorporated. These include:

Clarification pertaining to the density allowance for commercially zoned properties in the Resource Protection Overlay and inside of a pedestrian shed of an activity center delineated in the Regional Plan (General Plan) was added to Section 14. (Table 10-40.30.040.C. Gross Density) of Attachment #2.
Clarification pertaining to the building height exceptions for stairwells and elevators were relocated from the method of measuring building height and added to Section 12 (Table 10-40.30.030.C., End Notes 8 and 9), Section 14 (Table 10-40.30.040.C., End Notes 9 and 10), Section 16 (Table 10-40.30.050.C., End Notes 8 and 9), and Section 17 (Section 10-40.30.060.C., End Notes 4 and 5) of Attachment #2.
A modification has been made in Section 24 (Section 10-50.25.020. A.) of Attachment #1 to change the maximum height of an exposed basement and basement garage wall from nine feet to ten feet. Ten feet allows for an eight-foot floor-to-ceiling height and a two-foot floor depth. Additional heights would be inconsistent with the Zoning Code’s Site Planning Design Standards and Architectural Design Guidelines that require a building to be stepped to follow the natural terrain.
A modification has been made in Section 24 (Section 10-50.25.020. A. and C.) of Attachment #2 to include provisions for materials and colors used on an exposed basement or basement garage wall and a podium parking structure exterior wall. The requirement for “consistent” materials and colors has been changed to allow the Planning Director to approve alternative materials and colors that are compatible with the design of the building, provided that the alternative materials and colors maintain a consistent design theme. This modification allows for additional flexibility in the designer’s choice of materials and colors near street grade to address weather and similar environmental considerations while maintaining a consistent design theme.
Provisions that allow the Planning Director to approve additional stem wall and crawl space heights for residential buildings in a floodplain have been incorporated into Section 24 (Section 10-50.25.020. B.) of Attachment #2. In accordance with Title 12 Floodplains of the City Code, the lowest finished floor of a residential area is required to be elevated above the regulatory floodplain elevation. The addition of this provision will allow compliance with Title 12.

As it pertains to the comments received regarding the landscape buffer widths, with minimal exceptions adjacent to Route 66 in the Downtown, the City Staff opines that the proposed landscape buffer requirements are consistent with the suggested modifications. It is anticipated that the Zoning Code requirements pertaining to the Downtown, and adjacent to Route 66 will be reviewed as part of a future amendment.

In addition, the proposed modification to the triplex lot width and length requirement is in response to public comments that Staff has received during the Southside specific plan and the High Occupancy Housing text amendment public outreach meetings. Also, some members of the Planning and Zoning Commission and City Council have requested that the referenced requirements be reviewed. The existing lot size requirements for a triplex and duplex are the same. Due to having the same standards for different intensity developments, the general consensus among the public comments received during the outreach for the High Occupancy Housing Text Amendment, Southside Specific Plan, and City Staff is that the existing provisions have resulted in developments that are inconsistent and out of scale with the existing development patterns. The proposed modification to the lot width (from 50 feet to 75 feet) and length (from 75 feet to 100 feet) will result in a lot area requirement that is consistent with other three-unit developments on a property with non-transect zoning. Based on public comments, the additional area would allow for a greater proportional lot width to height ratio that is perceived to be more compatible.

Finally, the Zoning Code currently requires all rooftop equipment to be screened. The public comments indicate that this requirement has caused existing roofs to be reconstructed to accommodate the wind loads on the screening. City Staff familiar with the methodology to accommodate the wind loads of the screening does agree with the public comment that there is a wind load transferred to the roof; but, Staff opines that the wind loads are insignificant. Wind loads need to be accommodated either on the equipment or the screen wall. When a screen wall is provided, and depending on the placement of the wall, the wind loads on the equipment are usually substantially less since the screen wall bears the wind load. The most common cause for a roof to be reconstructed in accordance with the current Building Code is to accommodate new or larger equipment that the roof was not designed for.

Attachments
Res. 2020-17
2. Exhibit A to Resolution 2020-17
Ord. 2020-11
4. Public Comments
Staff Presentation