11-10.10

Division 11-10.10
Applicable to All

Sections:

11-10.10.020 Common Procedures

11-10.10.010 Purpose

The purpose of this chapter is to provide procedures for the adoption and amendment of the City of Flagstaff’s General Plan as it relates to land within the corporate boundaries of the City. (Ord. 2015-13, Amended, 06/02/2015)

11-10.10.020 Common Procedures

A. Applicability. The common procedures provided in this section apply to major and minor amendments to the General Plan, and to the adoption of an amendment to a Specific Plan. Additional procedures and requirements specific to major plan amendments are provided in Division 11-10.20, Additional Procedures for Comprehensive Updates, New Elements and Major Amendments to the General Plan.

B. Initiation of General Plan Amendments. Except for Comprehensive Plan updates (see Section 11-10.20.010), which may be initiated solely by the Planning Agency or the Council, requests for amendment of the General Plan may be made by one (1) or more of the following:

1. Planning Agency. The Planning Section shall review the General Plan on an annual basis and may initiate amendments to the General Plan in accordance with A.R.S. Section 9-461.07.

2. Council or Planning Commission. The Council or the Planning Commission may initiate an amendment to the map or to the text of the General Plan.

3. Property Owners. A property owner or an agent authorized in writing may apply for an amendment to the map or to the text of the General Plan governing the subject property.

C. Pre-Application Review. All applications to amend a map or the text of the General Plan are encouraged to participate in a pre-application review with the Director pursuant to the procedures set forth in Section 10-20.30.040, Pre-Application Review by Director.

D. Citizen Review.

1. All applications for General Plan text or major or minor map amendments and the adoption of or an amendment to a Specific Plan, shall be subject to a citizen review process that provides effective, early and continuous public participation from all geographic and economic areas of the City. The citizen review process includes a neighborhood meeting or a citizen review work session with the Planning Commission as set forth below and as illustrated in Figure A. Additional requirements for citizen outreach for certain new developments for which a General Plan amendment is required are provided in Section 10-20.30.070, Additional Requirements for Citizen Outreach. The Director may establish additional procedures for the citizen review process.

Figure A: Review Process for Map and Text Amendments

2. When processing a minor map amendment to correct the General Plan which is initiated by the Planning Agency or Council, only the procedures established in Section 11-10.10.020(D)(4), Citizen Review Work Session, shall be required if:

a. The amendment is for map corrections; or

b. The amendment is for a factual update based on a change in other policy or regulations (such as the establishment of a new State Historic District).

3. Neighborhood Meeting. The citizen review process for a major or minor map amendment, site or area specific amendment, including a Specific Plan, shall at a minimum consist of a neighborhood meeting conducted in accordance with the procedures set forth below or a citizen review meeting with the Planning Commission for a text amendment. The applicant is responsible for all costs associated with the neighborhood meeting. The Director may waive the requirement for a neighborhood meeting if it can be demonstrated that there are a limited number of property owners adjacent to the subject property and that other techniques for informing them of the application would be more effective, such as direct mailing with information on the application or one-on-one meetings with affected property owners.

a. A plan for how the applicant intends to conduct the neighborhood meeting shall be submitted to and approved by the Director in accordance with the review schedule on file with Planning Section. The neighborhood meeting plan shall include the following information:

(1) Property owners, citizens, jurisdictions, and public agencies within three hundred (300) feet of the site or area affected by the application and all residents of the subject property, or a larger area as deemed necessary to satisfy the intent of this section by the Director;

(2) Proposed notification methods (e.g., mail, email, newspaper notice, posting of the subject property, etc.) for persons and organizations identified in subsection (D)(3)(a)(1) of this section;

(3) Form, structure, and agenda of the meeting (e.g., Town meeting, workshop, charrette or other appropriate public outreach technique);

(4) Opportunities for those potentially affected parties to discuss and provide input on the applicant’s proposal;

(5) Location, date, and time of the neighborhood meeting; and

(6) Methods to keep the Director informed of the status and results of the neighborhood meeting.

b. In compliance with the review schedule on file with the Planning Section, the applicant shall provide notification as follows:

(1) Except for applications for amendments that are City-wide in nature or applications under Section 11-10.020(D)(2), the applicant shall notify by first-class mail all property owners of record within three hundred (300) feet of the subject property and residents of the subject property, unless the General Plan, a decision of the Director, or other applicable adopted City policy requires notification within a larger area;

(2) Except for applications for amendments that are City-wide in nature or applications under Section 11-10.020(D)(2), the applicant shall notify by first-class mail all homeowners’ associations (HOAs) within one thousand (1,000) feet of the subject property;

(3) The applicant shall notify by first-class mail any interested persons or groups whose names are on the registry of interested persons or groups established in Section 10-20.30.080;

(4) The Director may expand the notification area if it is determined that the potential impact of the development extends beyond the required notification boundary;

(5) The notice shall set forth the purpose and substance of the proposed application, and the time, date and place of the neighborhood meeting. A copy of the notice shall be submitted to the Director; and

(6) Except for applications for amendments that are City-wide in nature or applications under Section 11-10.020(D)(2), the applicant shall install a minimum four (4) by eight (8) foot sign on the property in a location or locations clearly visible from a public right-of-way to adjacent residents setting forth the purpose, time, date, and place of the neighborhood meeting, with an attached information tube containing copies of the meeting notice.

c. City Staff Involvement. City staff may attend the neighborhood meeting. The role of City staff will be limited to discussing the review process for the development and explaining the opportunities for the public to be engaged in the review process, except when the Planning Agency, City staff or Council are the applicant.

d. Record of Proceedings. The applicant shall create a written summary of the meeting, which shall be filed with the Director. This written summary will be attached to the Director’s report to the Planning Commission and Council. At a minimum, the report shall include the following information:

(1) Certification, on a form established by the Director, that the meeting was noticed and conducted in compliance with requirements of this section;

(2) Details of techniques the applicant used to involve the public, including:

(a) Dates and locations of neighborhood meetings;

(b) Content, dates mailed, and numbers of mailings, including letters, meeting notices, newsletters, and other correspondence;

(c) A copy of the mailing list, and a summary of where residents, property owners, and potentially affected citizens receiving notices, newsletters, or other written materials were located;

(d) The number and names of people that participated in the process based on the sign-in sheet for the meeting; and

(e) A dated photograph of the sign installed in compliance with subsection (D)(3)(b)(6) of this section.

(3) A summary of concerns, issues, and problems expressed during the neighborhood meeting, including:

(a) The substance of the concerns, issues, and problems; and

(b) The applicant’s response to the comments received at the public meeting. The applicant’s responses shall be included on the site plan, illustrative plan, other planning document, and/or in an associated report. If public comments are not included in any of these documents, an explanation why they were not included must be provided.

4. Citizen Review Work Session.

a. A citizen review session shall be held at a work session of the Planning Commission scheduled not less than five (5) days and no more than fourteen (14) days prior to the public hearing at the Planning Commission for the consideration of any proposed map or text amendments to the General Plan or a Specific Plan. Landowners and other citizens potentially affected by the proposed text amendment shall have an opportunity to address the Planning Commission on the proposal.

b. Notice of the citizen review session shall be given to landowners, citizens potentially affected by the proposed text amendments, and any person or group whose names are on the registry of interested persons or groups established in Section 10-20.30.080(B) at least ten (10) days prior to the Planning Commission work session. The notice shall state the date, time, and place of the citizen review session and shall include a general explanation of the proposed text or map amendment. Any form of notice used by the Director for the proposed text or map amendment shall be considered sufficient. The form of notice given may include, but is not limited to, those established in Section 10-20.30.080, Notice of Public Hearings.

c. Prior to the Council hearing on the proposed text or map amendment, the Planning Commission shall report on the issues and concerns raised during the citizen review session.

E. Application for Amendments to the General Plan. All applications for amendments to the General Plan shall be filed in accordance with the application procedures set forth in Section 10-20.30.020, Application Process.

1. An application for a minor amendment to the General Plan and a Zoning Map amendment for the same development site/application may be submitted at the same time and reviewed together by the Planning Commission and Council.

2. If it is determined that a major amendment to the General Plan is required, then the application for a Zoning Map amendment cannot be accepted until the major plan amendment has been approved.

F. Public Notice. Public notification shall be provided in compliance with Section 10-20.30.080, Notice of Public Hearings.

G. Notice to Other Jurisdictions. Upon receipt of a complete application for an amendment to the General Plan, the Council through the Director shall consult with, advise and provide an opportunity for official comment by the following public officials and agencies generally to secure maximum coordination of plans and to indicate properly located sites for all public purposes on the General Plan:

1. Coconino County;

2. Flagstaff Unified School District;

3. Coconino County Superintendent of Schools;

4. Northern Arizona Council of Governments;

5. Public land management agencies, such as the United States Forest Service, United States Park Service, Arizona State Land Department, and Arizona State Parks;

6. Other appropriate government jurisdictions;

7. Public utility companies;

8. Civic, educational, professional and other organizations; and

9. Affected property owners and citizens as determined in subsection (D)(3) of this section, Neighborhood Meeting.

H. General Plan Amendment Submittal Requirements. The Director shall not schedule a General Plan amendment before the Planning Commission until a complete application with all required written materials and fees are received from the applicant. The application shall be on a form and with those submittal requirements deemed necessary by the Director to ensure a complete review of the plan amendment application. At a minimum, an applicant is required to submit the following, but the Director may require the submittal of additional materials to assist in the review of the General Plan amendment:

1. An executive summary clearly stating the proposed amendment with a description of the section of the General Plan for which the amendment is requested. The executive summary shall include the following:

a. A summary of the reason(s) for the request;

b. Identification of supporting key points discussed in the narrative or other submitted studies;

c. Statement of community benefits to be accrued as through the proposed amendment; and

d. An introduction to the applicant’s team (owner, developer, and/or representative), including contact information.

2. An analysis of the site in terms of its physical characteristics, surrounding uses within one thousand (1,000) feet of the subject property, and the existing character of the area.

3. A land use analysis providing information about the proposed development, plans for any exception parcels, and a land use compatibility analysis. Items to address include:

a. Overall description and need for the proposed amendment;

b. Existing land use plan and proposed land use plan;

c. Proposed residential unit count, density, and anticipated housing mix, if applicable;

d. Proposed development phasing and timing;

e. Existing and proposed internal and external circulation and pedestrian opportunities (include circulation plan);

f. Open space concept plan;

g. Land use buffering techniques, if applicable; and

h. Incompatibility issues and proposed solutions.

4. A detailed narrative that shall include at a minimum the following:

a. Project title and date;

b. Legal description of the parcel;

c. Site acreage;

d. Description of the applicable section of the General Plan for which the amendment is requested;

e. Statement of current zoning, and proposed zoning if applicable;

f. An explanation of why the proposed amendment is necessary and the public benefit that will be realized by the amendment;

g. An explanation of how the proposed amendment(s) will affect the vision expressed in the written goals, objectives and policies of the General Plan that are most relevant to the proposed amendment. When a proposed amendment(s) is inconsistent with General Plan goals, objectives and policies, the proposed amendment(s) must include one (1) of the following:

(1) Justification for an exception to the written goals, objectives, and policies; or

(2) A proposal to modify or eliminate the inconsistent goals, objectives, and policies;

h. Cumulative impact of the proposal on area and place types within the City based on the Future Growth Illustration;

i. Cumulative impact of the proposal on the supply of land zoned in the existing category for the property within the City;

j. Impact on transportation and service needs;

k. Impact and/or benefit to housing which may result from the proposal; and

l. Impact on the implementation of the General Plan goals and policies resulting from the proposal.

5. Conceptual site or development plan at a size and scale as determined by the Director to generally illustrate the development intended under the requested amendment; and

6. A nonrefundable General Plan amendment fee in accordance with Appendix 2 (Planning Fee Schedule) provided in Title 10, Zoning Code.

I. Staff Report. The Director shall prepare and transmit a staff report to the Planning Commission. A copy of the staff report shall be made available to the public and any applicant prior to the public hearing.

J. Planning Commission Hearing.

1. The Planning Commission shall hold at least one (1) public hearing on any amendment to the General Plan, including Specific Plans.

2. Notice of the time and place of a public hearing(s) on the General Plan or any amendments to the General Plan shall be made by publication of a notice at least once in a newspaper of general circulation published or circulated in the City at least fifteen (15) days but not more than thirty (30) days before the public hearing.

3. In order to ensure effective and timely participation by the citizens of Flagstaff in new development projects for which a General Plan amendment is required, the requirements for a neighborhood meeting provided in Section 10-20.30.060, Neighborhood Meeting, shall apply.

4. The Planning Commission may recommend approval, approval with conditions, or denial of the proposed amendment. If the Planning Commission fails to make a recommendation to the Council within thirty (30) days after closing the second public hearing, the Planning Commission shall be deemed to have recommended denial and the application shall be scheduled for public hearing and action by the Council.

5. Action by the Planning Commission on the General Plan or any amendment to the General Plan shall be transmitted to the Council.

K. City Council Hearing.

1. Upon receipt of the recommendation of the Planning Commission, the Council shall conduct at least one (1) public hearing.

2. A copy of the adopted amendments to the General Plan shall be sent to Coconino County. (Ord. 2015-13, Amended, 06/02/2015)