City Council Meeting - FINAL


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  7.A.       
Meeting Date: 07/06/2021  
From: Dan Symer, Zoning Code Manager

Information
TITLE:
Consideration and Adoption of Resolution No. 2021-32 and Ordinance No. 2021-16: 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 "PZ-21-00066 Updates to Zoning Code 2021 – Accessory Dwelling Unit and Accessory Structure Encroachments Requirements;" 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 modify the existing Accessory Dwelling Unit and Accessory Structure Encroachment Requirements.
STAFF RECOMMENDED ACTION:
1) Adopt Resolution No. 2021-32
2) Read Ordinance No. 2021-16 by title only for the final time
3) City Clerk reads Ordinance No. 2021-16 by title only (if approved above)
4) Adopt Ordinance No. 2021-16
Executive Summary:
The proposed amendment (Exhibit A to Resolution No. 2021-32) includes multiple changes to the Zoning Code.  The objective of the proposed amendment is to add additional flexibility to the existing Accessory Dwelling Units (ADU) requirements to encourage the development of Accessory Dwelling Units. To allow for the additional flexibility, the new and modified provisions include allowing: Detached Accessory Dwelling Units to encroach in the rear and interior side yards; Attached and Interior Accessory Dwelling Units to be constructed to the height allowed by the property's zone; and property owners the ability to rent or lease both the Accessory Dwelling Unit and the Single-Family Dwelling Unit that are on the same lot/ provided that the property owner enters into an agreement/covenant prohibiting the renting or leasing of the structures for less than 30 days.  In addition, the amendment includes the consolidation of the accessory structure requirements into one table.

The Planning and Zoning Commission reviewed and provided a recommendation of approval at the May 26, 2021, Planning and Zoning Commission meeting.
Financial Impact:
There are no anticipated financial impacts affiliated with the proposed Zoning Code Text Amendment.
Policy Impact:
No policy impacts are anticipated by this amendment.
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
  • Actively support attainable & affordable housing through City projects & opportunities with developers.
  • Implement innovative local government programs, new ideas & best practices; be recognized as a model for others to follow.
  • Achieve a well-maintained community through comprehensive & equitable code compliance, & development that, is compatible with community values.
City Council Goal:
  • Revise the Zoning Code to remove ambiguities, and ensure it is consistent with community values and with the Regional Plan.
  • Support development and increase the inventory of public and private affordable housing for renters and home owners throughout the community.
Regional Plan
Below is a list of the Goals and Policies that the proposed Zoning Code Text Amendment complies with.

Chapter VIII - Community Character
  • Policy CC.3.1. Encourage neighborhood design to be respectful of traditional development patterns and enhance the overall community image.
  • Policy CC.3.2. Maintain and enhance existing buildings and blend well-designed new buildings into existing neighborhoods
Chapter IX - Growth Areas & Land Use
  • Policy LU.1.6. Establish greater flexibility in development standards and processes to assist developers in overcoming challenges posed by redevelopment and infill sites.
  • Goal LU.3. Continue to enhance the region’s unique sense of place within the urban, suburban, and rural context.
  • Policy LU.5.3. Promote compact development appropriate to and within the context of each area type: urban, suburban, and rural.
  • Goal LU.13. Increase the variety of housing options and expand opportunities for employment and neighborhood shopping within all suburban neighborhoods.
  • Policy LU.13.4. Plan suburban development to include a variety of housing options
Chapter XIII - Neighborhoods, Housing, & Urban Conservation
  • Goal NH.3. Make available a variety of housing types at different price points, to provide housing opportunity for all economic sectors.
  • Policy NH.3.1. Provide a variety of housing types throughout the City and region, including purchase and rental options, to expand the choices available to meet the financial and lifestyle needs of our diverse population.
  • Policy NH.3.2. Promote accessory dwelling units, where appropriate.
  • Policy NH.3.5. Encourage and incentivize affordable housing.
Staff's analysis of the Regional Plan's goals and policies is included below under the Zoning Code Text Amendment Criteria heading, Finding #1 of the report.  In addition, the staff's narrative and Regional Plan and Specific Plan analysis are included as Attachment 2.
Has There Been Previous Council Decision on This:
There has not been a previous City Council decision on this ordinance.

Options and Alternatives:
  1. Approve the amendment with no changes;
  2. Approve the amendment with modifications; or
  3. Deny the amendment. 
Proposed Amendment:
The proposed amendment (Attachment 2) includes multiple changes to the Zoning Code.  The objective of the proposed amendment is to add additional flexibility to the existing Accessory Dwelling Units (ADU) requirements to encourage the development of Accessory Dwelling Units. To allow for additional flexibility, new provisions are being added, and several existing regulations are being modified.  The most significant of the modifications include:
  • Allowing Detached Accessory Dwelling Units to be located in the required setbacks of a property zone;
  • Allowing detached accessory structures constructed prior to February 16, 2016, that are within the required Detached Accessory Dwelling Unit setbacks to be converted to an Accessory Dwelling Unit [Note: "Garage" was changed to "accessory structure" after the Planning and Zoning Commission recommendation in order to broaden the reach of the provision.];
  • Establishing a maximum building height (16 feet) of a Detached Accessory Dwelling Unit that encroaches into the required setbacks of a property’s zone;
  • Modifying the allowed building height of an Attached and Interior Accessory Dwelling Unit to be the same as the maximum building height permitted by the property’s zone; and
  • Allowing the Single-family Dwelling Unit and the Accessory Dwelling Unit to both be rented or leased if the property owner enters into a restrictive covenant affirming that the property owner will not rent or lease either of the dwelling units for a period of fewer than 30 days.
Summary of the Staff Revisions to the Zoning Code:
1. Accessory Structures (Section 10-40.60.020):
  • Table 10-40.60.020.B.7.d.: Allowed Accessory Structure Encroachments into Setbacks have been deleted, and the related provisions have been incorporated into Table 10-50.40.020.A.: Allowed Encroachments into Setbacks and Heights.
  • The reference to Table 10-40.60.020.B.7.d. for encroachments into the required setbacks has been modified to refer to Table 10-50.40.020.A.
2. Accessory Dwelling Units (ADUs) (Section 10-40.60.030):
  • Table 10-40.60.030.C.: Accessory Dwelling Unit Design, Development, and Exceptions Standards has been modified as follows:
    • Minimum setbacks have been established that would allow a Detached Accessory Dwelling Unit to encroach into the required setbacks of a property’s zone;
    • The required setbacks of a property’s zone have been maintained and clarified for Attached and Interior Accessory Dwelling Units;
    • The allowed building height (currently 24 feet) of an Attached and Interior Accessory Dwelling Unit has been modified to be the same as the maximum building height permitted by the property’s zone;
    • Encroachments (awnings, bay windows, canopies, fireplaces and chimneys, open eaves, window sills, etc.) allowed in combination with Attached, Detached, and Interior Accessory Dwelling Units have been modified; and
    • The existing provisions pertaining to a detached accessory structure constructed prior to February 16, 2016, have been modified to allow the accessory structure to be converted to a  Detached  Accessory Dwelling Unit.
  • Subsection E. of  Section 10-40.60.030. Restrictive Covenant has been modified to allow the property owner to participate in the Rental Dwelling Unit Incentive of subsection G which would allow both the Single-family Dwelling Unit and the Accessory Dwelling Unit to be rented or leased.
  • Subsection G. of  Section 10-40.60.030. Rental Dwelling Unit Incentive has been added.  This subsection has been added to incentive and allow both Single-family Dwelling Unit and the Accessory Dwelling Unit to be rented or leased if the property owner enters into a restrictive covenant affirming that the property owner will not rent or lease either of the dwelling units for a period of less than 30 days.
3. Encroachments into Minimum Required Setbacks (Section 10-50.40.020):
  • Table 10-50.40.020.A.: Allowed Encroachments into Setbacks and Heights has been modified to incorporate the provisions of Table 10-40.60.020.B.7.d. for accessory structures. In addition, a cross-reference to the walls and fence encroachments has been included in Table 10-50.40.020.A.
Zoning Code Text Amendment

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 amendment (Attachment 2) includes multiple changes to the Zoning Code.  The objective of the proposed amendment is to add additional flexibility to the existing Accessory Dwelling Units (ADU) requirements to encourage the development of ADUs. The proposed provisions address multiple goals and policies of the Regional Plan. These include:
  • Providing additional flexibility in the Zoning Code to allow property owners to construct Accessory Dwelling Units (Regional Plan Goal LU.1.6.);
  • Allowing Detached Accessory Dwelling Units to be constructed in the rear and interior side yard at same height and location that is currently allowed for other accessory structures (e.g.. garages, sheds, etc) will assist in maintaining the traditional and compact patterns of development that is prevalent in existing neighborhoods while contributing to Flagstaff’s unique sense of place (Regional Plan Goal LU.3., and Policies CC.3.1., CC.3.2., and LU.5.3 and Southside Community Plan S.2.4, La Plaza Vieja Neighborhood Specific Plan Goal #6N);
  • Allowing Interior and Attached Accessory Dwelling Units to be the same height that is allowed by the properties zone (Regional Plan Goal LU.3., and Policies CC.3.1., CC.3.2., and LU.5.3 and Southside Community Plan S.2.4.; La Plaza Vieja Neighborhood Specific Plan Goal #6N); and,
  • Encourage the development of Accessory Dwelling Units on detached single-family lots by providing additional flexibility in the locations and heights of the structures.  Also, allowing property owners to rent both the Single-family Dwelling Unit and the Accessory Dwelling Units (Regional Plan Goal LU.13. NH.3.2., Policies NH3.1, NH3.5. and Southside Community Plan Policies S.2.4., SLW 1.1. and SNC 1.1.; La Plaza Vieja Neighborhood Specific Plan Goal #6N).
B. Finding #2
The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City;


The provisions of the amendment are not anticipated to be detrimental to the public interest, health, safety, convenience, or welfare of the city.  The proposed modification is intended to allow Detached Accessory Dwelling Units in the rear and side yards which are consistent with other accessory structures (e.g. a garage, storage shed, etc.).  In addition, the proposed maximum allowed height (16 feet) of a Detached Accessory Dwelling Unit is the same height as other accessory structures that are allowed in setbacks of a property’s zone.  Also, the Attached and Interior Detached Accessory Dwelling Unit connected to a primary Single-family Dwelling Unit is proposed to have a building height that is equal to the height allowed by the property’s zone.  Typically, the modification to a Single-family Dwelling Unit to incorporate an Attached or Interior Detached Accessory Dwelling Unit is indistinguishable from modifications to enlarge a Single-family Dwelling Unit without the accessory dwelling units. 

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.

Citizen Participation
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 on the City’s Facebook and Flagstaff Community Forum web pages and in the Arizona Daily Sun.  The public comments received are included as Attachment 3.  At the May 26, 2021, Planning and Zoning Commission meeting, a member of the public expressed support for the proposed amendment. 

Planning and Zoning Commission Work Session
At the Planning and Zoning Commission Work Session of May 12, 2021, staff reviewed the proposed Zoning Code Text Amendment with the Commission.  The Commission had a general question regarding the amendment to clarify their understanding of the proposed regulations.
 
City Council Work Session
At the City Council Work Sessions of May 11, 2021, staff reviewed the proposed Zoning Code Text Amendment with the City Council.  Members of the City Council had a general question regarding the amendment to clarify their understanding of the proposed regulations.  In addition, the City Council provided direction to allow property owners the ability to rent both the Single-family Dwelling Unit and the Accessory Dwelling Unit provided that the owner(s) enters into a restrictive covenant affirming that the property owner will not rent or lease both of the dwelling units for a period of fewer than 30 days (definition of a Short-Term Rental).

Planning and Zoning Commission Hearing
On May 26, 2021, the Planning and Zoning Commission reviewed the application and had general questions. These questions include:
  • What are the short-term rental time periods?  How will the City monitor and be able to enforce Accessory Dwelling Units from being used as short-term rentals?
  • Short-term rentals are generally considered the leasing or renting of a dwelling unit for less than 30 days. The recordation of the proposed covenant is intended to assist the City to enforce Accessory Dwelling Units from being used as a short-term rental.  Also, the City requires owners of short-term rentals to obtain a license.  In addition, the City has software (LODGINGRevs) to monitor the location of the short-term rentals.
  • Has staff heard from property owners regarding the allowance to rent both the Single-family Dwelling Unit and Accessory Dwelling Unit?
    • Staff has heard from two property owners that would like, or in the process of constructing, an Accessory Dwelling Unit, and they support the proposed amendment.
  • How this affects history overlay zones?
    • The development of an Accessory Dwelling Unit would be required to comply with the requirements of the applicable history overlay zones
In addition, public comment was received in support of the amendment. The Planning and Zoning Commission unanimously recommended approval of the proposed Zoning Code Text Amendment (Motioned by Commissioner Nolan, and seconded by Commissioner Mandino).

City Council Hearing
At the City Council public hearing on June 15, 2021, staff reviewed the proposed Zoning Code Text Amendment with the City Council.  The City Council approved motions to read Resolution No. 2021-32 and Ordinance No. 2021-16 by title only with modifications to delete the Accessory Dwelling Unit minimum 300 square foot area requirement and increase the maximum area allowed from 600 square feet to 800 square feet. These modifications have been incorporated into Exhibit A to Resolution No. 2021-32.  To address the City Council comments to clarify which setback encroachments are allowed, after the June 15, 2021 City Council Meeting, staff modified line (5) Building Form and Property Development Standards (b) (i) of Table 10-40.60.030.C. to clarify the requirements.  The requirement has not changed, although it has been reworded in Exhibit A to Resolution No. 2021-32.
Attachments
Res. 2021-32
Exhibit A to Resolution No. 2021-32
Ord. 2021-16
2. Application Narrative and Regional Plan Analysis
3. Public Comments
Presentation


    

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