WORK SESSION AGENDA
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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 work session, 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).
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2. | Pledge of Allegiance and Mission Statement MISSION STATEMENT
The mission of the City of Flagstaff is to protect and enhance the quality of life for all.
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3. | ROLL CALL
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4. | Public Participation Public Participation enables the public to address the council about items that are not on the prepared agenda. Public Participation appears on the agenda twice, at the beginning and at the end of the work session. You may speak at one or the other, but not both. Anyone wishing to comment at the meeting is asked to fill out a speaker card and submit it to the recording clerk. When the item comes up on the agenda, your name will be called. 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 to have 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. |
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5. | Review of Draft Agenda for the February 19, 2019 City Council Meeting
Citizens wishing to speak on agenda items not specifically called out by the City Council may submit a speaker card for their items of interest to the recording clerk.
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6. | Consideration of Memorandum of Understanding and License for Access and Seismic Testing on Red Gap Ranch, with Desert Mountain Energy Corporation (DMEC) | ||||||||
7. | Update to the Work Programs for Comprehensive Planning and Development Codes (Zoning, Subdivision, and Related Codes) | ||||||||
8. | Public Participation | ||||||||
9. | Informational Items To/From Mayor, Council, and City Manager; future agenda item requests |
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10. | Adjournment | ||||||||
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6.
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CITY OF FLAGSTAFF | |||||||||||
STAFF SUMMARY REPORT | |||||||||||
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TITLE | |||||
Consideration of Memorandum of Understanding and License for Access and Seismic Testing on Red Gap Ranch, with Desert Mountain Energy Corporation (DMEC) | |||||
STAFF RECOMMENDED ACTION: | |||||
Terminate the Memorandum of Understanding with DMEC. Revise the License Agreement to only permit access across City property. |
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EXECUTIVE SUMMARY: | |||||
The City of Flagstaff was approached by DMEC with a proposal to allow DMEC to cross the CIty Red Gap Ranch property in order to access state lands for helium seismic testing and to perhaps perform the same seismic testing on the City Red Gap Ranch property. DMEC has obtained leases of state lands adjacent to City Red Gap Ranch property allowing helium exporation and production. The intent of approving the License and MOU was to provide Council with an option for another use of Red Gap Ranch, in addition to its primary use as a long term water asset. The City has been considering its options for possible additional uses of Red Gap Ranch. Curently the only additional use of Red Gap Ranch is sheep grazing. In light of the press release issued by DMEC with a focus and intention leading to partnership in development of helium and hydrocarbon resources, it is recommended to re-visit both agreements. |
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INFORMATION: | |||||
The City was approached by DMEC with two requests. The first was to be able to access adjacent State lands through our Red Gap Ranch property for the purpose of seismic testing to determine if helium existed in the area. The second was to perform the same seismic testing on Red Gap Ranch property. The nature of this testing and the parameters of what DMEC would be allowed to do on City property was discussed with the City Attorney's office, the Water Services Division, the Real Estate Manager, as well as a discussion at the City's Property and Development Committee that is made up of staff from all City divisions. The consensus of this group was:
Council has Charter Authority to approve leases of real property (which are longer term commitments than licenses). On February 5, 2019, the City became aware of a press release by DMEC. This press release was not offered to the City to review ahead of its release. The press release overstates the commitment of the City to develop any discovered resource. The commitment of the City was intended to be for information gathering only. Any decisions or forward path by the City would be fully vetted with the Council and public to achieve a complete understanding of the process to do any extraction, the environmental impacts, water qualtiy impacts, and other factors that would be related to any decision in moving forward should any helium resource be discovered. It is clear in the MOU that both helium and hydrocarbon resource exploration is noted. It is our understanding after having spoken further with DMEC that helium is typically found in conjunction with other hydrocarbons, mostly nitrogen (which is a substance we breathe). Also, apparently helium is not found in conjunction with petroleum, because helium rises, and petroleum sinks (its dense). It is recommended that the City send :
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Attachments: | Red Gap DMEC City Council Report | ||
Red Gap DMEC MOU | |||
Red Gap DMEC License Agreement | |||
Presentation |
7.
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CITY OF FLAGSTAFF | |||||||||||||
STAFF SUMMARY REPORT | |||||||||||||
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TITLE: | |||||
Update to the Work Programs for Comprehensive Planning and Development Codes (Zoning, Subdivision, and Related Codes) | |||||
DESIRED OUTCOME: | |||||
Discuss and provide direction to staff on the proposed work programs pertaining to comprehensive planning and the development codes. | |||||
EXECUTIVE SUMMARY: | |||||
For the last four years, the Planning and Development Services staff has provided an update to the City Council on its previous year’s and proposed work programs for Comprehensive Planning (CP) staff and the Zoning Code Manager (ZCM). The previous year’s (2018) and proposed (2019) work programs pertain to the City’s Flagstaff Regional Plan 2030 (Regional Plan), related strategic planning documents and the development codes. The policies and requirements of these documents are considered “living” provisions; and, it is a generally accepted practice to regularly evaluate and update them to maintain contemporary provisions that address the community’s input and expectations, development trends, legal decisions, and state requirements. Furthermore, planning related initiatives, such as the 2020 Census, Climate Action & Adaption Plan or Arizona Department of Transportation’s (ADOT) Milton Road Corridor Master Plan typically have the potential to significantly affecting citywide policies and resource decisions. Therefore, it is essential to accommodate the planning related initiatives into the department’s work program. The proposed programs (Attachments 2 and 4) are intended to address priorities to update and incorporate new plan components to the Regional Plan and related strategic planning documents, the city's development codes, and planning related initiatives. The work plans of the CP staff and ZCM are closely related; and, the amount work completed by CP staff in any given year typically causes an increase in the ZCM’s work plan for the following year. This is in addition to other ZCM work plan priorities, such as citizen and City Council initiatives, state law modifications, and general maintenance of the code. A good example of the correlation of the work plans between the CP staff and ZCM is CP’s completion of the High Occupancy Housing Specific Plan and La Plaza Vieja Neighborhood Specific Plan. Other adopted plans also impact the ZCM's workload, such as the Climate Action & Adaption Plan. These plans have now ‘transferred’ into the implementation phase, which has impacted the ZCM’s work plan as indicated in Attachment 4. |
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INFORMATION: | |||||
Council Goals: • Revise the zoning code to remove ambiguities, and ensure it is consistent with community values and the Regional Plan. • Regional Plan Goal: ° Policy LU.4.1. Develop neighborhood plans, specific plans, area plans, and master plans for all neighborhoods, activity centers, corridors, and gateways as necessary.
° Policy LU.4.2. Utilize the following as guidance in the development process: Natural Environment maps, Environmental.
° Planning and Conservation policies, Considerations for Development, Cultural Sensitivity, and Historical Preservation maps, and Community Character policies, while respecting private property rights. ° Goal LU.5. Encourage compact development principles to achieve efficiencies and open space preservation. ° Policy LU.7.1. Concentrate urban development in locations that use land efficiently, and are served by roads, water, sewer, and other public facilities and services, and that support transit, reduced vehicle trips, and conservation of energy and water. • Goal NH.1. Foster and maintain healthy and diverse urban, suburban, and rural neighborhoods in the Flagstaff region.
Comprehensive Planning The primary responsibility of the CP staff is to update, revise and assist in the implementation of the Flagstaff Regional Plan 2030 (Regional Plan) and related strategic planning documents. Typically, the CP staff leads these efforts. In addition, when other city departments or governmental agencies have work programs that may have an impact or influence on the city’s long-range planning efforts, CP staff will provide assistance and analysis to ensure that the work program products correlate and further the implementation of the Regional Plan and related strategic planning documents. In addition to the programs that CP staff is typically responsible for, over the past year, CP staff has shared the responsibilities of the Heritage Preservation Officer and Commission with the Current Planning staff. A comprehensive summary of the CP staff responsibilities is included as Attachment 1. The Regional Plan is the broadest policy document in the planning hierarchy for the city (See Attachment 1, Comprehensive Planning Program – What We Do for graphic). As a requirement of the Arizona Revised Statutes (ARS) and the city’s charter, the Regional Plan serves as the general plan/comprehensive plan for the city. Also, it serves as a Coconino County area plan for the areas of the county that are adjacent to the city. Chapter III of the Regional Plan states that the plan is to be “…used for decision making so that Flagstaff city government is accountable for publicly derived policy outcomes and goals….” Furthermore, the Regional Plan and related specific plans are “…not static documents; they recognize that growth is a dynamic process…” and community expectations and conditions “…may require revisions to the plan as circumstances or changes warrant.” Examples of such amendments, modifications, and new plans that the City Council has directed staff to create and/or amend include the: La Plaza Vieja Neighborhood Specific Plan; High Occupancy Housing Specific Plan; Southside Community Specific Plan; and related Regional Plan amendments. These documents and amendments provide more specific direction on the methods to implement the goals and policies of the Regional Plan. Over the past year, CP staff has assisted with, completed, and started several of the items of its 2018 work program. These include the: • Completion of the High Occupancy Housing Specific Plan • Completion the 4th Regional Plan Annual Report • Formation of a joint census team with Coconino County and established a budget • Continued progress on the Southside Community Plan, which included 12 diverse and innovative public participation opportunities. (A progress report regarding this plan is included as Attachment 2.) • Participation in and provide staff support for: ° Milton Road Corridor Master Plan
° JW Powell Specific Plan, phase 1 ° Active Transportation Master Plan ° Climate Action & Adaption Plan ° Bellemont Area Plan (Coconino County) Many items in the existing work program (2018) are multi-year projects and on-going services; and, the CP staff will continue to focus on these items throughout 2019. Since several of the above-referenced projects are anticipated to be completed midway through the year, CP staff will be reassigned to the 2020 Census. Completed every ten years, the census numbers typically have a significant impact on federal and state congressional representation and funding considerations and opportunities for the city. According to the U.S. Census Bureau, more than $600 billion per year in federal money that is provided to state and local governments is directly tied to the census results. It is essential that CP staff continues to work with Coconino County staff at an increasing level to secure the most accurate count and representation of the city. Between the completion of the Census 2020 project, completing the Southside Community Plan, and beginning our Regional Plan update project beginning soon after, our work program is full for the next few years.
In addition to the CP staff’s day-to-day responsibilities, a summary of the proposed 2019 and extended CP work plan includes: • Continued progress on the Southside Community Plan • The JW Powell Specific Plan, Phase 2 – include the adoption of the plan • 2020 Census coordination • Continued progress on incorporating revisions to the Regional Plan as part of the specific and community plan programs • Participate and provide staff support for: ° Milton Road Corridor Master Plan,
° Active Transportation Master Plan, and ° Development Code Modifications • The transition of the HPO responsibilities to the CP section if the HPO position is approved with the 2019-2020 budget
A detailed summary list of proposed modifications to the Regional Plan and the 2019 work plan tasks is included as Attachment 3. Zoning Code Manager The primary responsibility of the Zoning Code Manager (ZCM) is to administer and interpret the development codes, specifically the zoning code and the subdivision code. This activity includes providing assistance to community members and City Staff that use and enforce these codes. Also, the ZCM coordinates, oversees, and assists with revisions to the development codes to further the implementation of the Regional Plan and related strategic planning documents. When needed, this includes working with other departments, such as solid waste, building, engineering, sustainability, etc., that have work programs that modify or could affect the city’s development codes, design standards, guidelines, and specifications. The city’s interdepartmental cooperation is essential for coordinating related requirements with the zoning code, minimizing conflicts and furthering the implementation of the applicable provisions of the Regional Plan, and other related strategic planning documents. In addition to the responsibilities indicated above, the ZCM: • Is the liaison to the Board of Adjustment • Coordinates Board of Adjustment applications (variance) • Coordinates minor modification applications • Coordinates and oversees Zoning Verification Letters • Coordinates with the CP staff on amendments to the Regional Plan and other related strategic planning documents to ensure sufficient direction, goals, and policies are incorporate to effectuate the necessary modifications to the city code and implement the plans. Over the past year, the ZCM position was vacant for approximately seven months. Even though this position was vacant, the previous and current ZCM, and Current Planning and contract staff were able to assist, complete, and start some of the 2018 ZCM work program. These include: • Completion of an amendment to the Conditional Use Permit approval process; • Completion of West University Drive Entrance District sign requirement; • Completion of the comprehensive review of the zoning code to identify inconsistencies; • Coordinating with the City Clerk’s office and the city’s codifier to correct codification errors and inconsistencies; and • Drafting code revisions to address inconsistencies, conflicts, and enforcement concerns. The ZCM’s proposed 2019 and extended work plan, which is in addition to the ZCM’s day-to-day responsibilities, includes modifications to the development codes to implement: • Administrative and miscellaneous modifications to the zoning and subdivision code; • Updates to the outdoor lighting code provisions • Updates to the planning and engineering development exactions code provisions • Updates to subdivision and dedications/releases code provisions • Updates to the Zoning Code to address Resource Protection Standards • The High Occupancy Housing Specific Plan • The La Plaza Vieja Neighborhood Specific Plan • The Climate Action & Adaption Plan • Review and update the city’s design review requirements • Southside Community Specific Plan (if necessary) A detailed summary of the Zoning Code Manager’s 2019 and Extended Work Plan is included in Attachment 4. |
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Attachments: | 1. Comprehensive Planning Program – What we do | ||
2. Southside Community Plan Progress Report | |||
3. 2019 Proposed Regional Plan Amendment Tasks and Work Program | |||
4. Zoning Code Manager’s 2019 Proposed and Extended Work Plan | |||
Presentation |