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SOUNDS GOOD. SO I'M CALLING THE OCTOBER 12, 2022 PLANNING AND ZONING COMMISSION TO ORDER.

[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 Commission and to the general public that, at this regular meeting, the Commission 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).]

[00:00:10]

CAN WE HAVE THE ROLL CALL, PLEASE?

[2. Roll Call NOTE: One or more Commission Members may be in attendance telephonically or by other technological means. MARIE JONES, CHAIR CAROLE MANDINO, VICE CHAIR DR. RICARDO GUTHRIE BOB HARRIS, III MARY NORTON DR. ALEX MARTINEZ LLOYD PAUL ]

JUST SO YOU KNOW, YOU CAN'T HEAR ALEX STILL.

I WAS STILL TRYING TO GET HIM SET UP, SO.

OH, LET ME.

WHY DON'T YOU JUST LET ME KNOW? I'LL SAY IT AGAIN. NO, YOU'RE GOOD.

MARIE JONES.

PRESENT. CAROLE MANDINO.

HERE. MARY NORTON.

PRESENT. BOB HARRIS.

HERE. ALEX MARTINEZ.

IS GOING TO TRY.

BUT FOR THE RECORD, HE IS HERE.

I DON'T KNOW WHY NOW THAT MICROPHONE IS NOT WORKING.

SO HE IS HERE.

RICARDO LLOYD IS EXCUSED.

HE'S, I BELIEVE HE'S OUT OF TOWN.

THANK YOU. OKAY.

AND ALEX CAN HEAR US, BUT JUST CAN'T SPEAK.

THAT'S CORRECT. OKAY.

THANKS. ALL RIGHT.

AT THIS TIME, ANY MEMBER OF THE PUBLIC MAY ADDRESS THE COMMISSION ON ANY SUBJECT WITHIN OUR JURISDICTION.

THAT IS NOT SCHEDULED BEFORE THE COMMISSION TODAY DUE TO OPEN MEETING LAWS.

THE COMMISSION CANNOT DISCUSS OR ACT ON ANY ITEMS THAT ARE PRESENTED DURING THIS PORTION OF THE AGENDA.

IS THERE ANYBODY WHO WOULD LIKE TO MAKE A PUBLIC COMMENT? PLEASE RAISE YOUR HAND.

IF SO. OKAY.

SEEING NONE.

WE'RE CAN MOVE ONTO APPROVING THE MINUTES FROM THE LAST MEETING.

[4. APPROVAL OF MINUTES Approval of the minutes from the regular meeting on September 28, 2022]

WHICH WAS LET'S SEE.

SEPTEMBER 28TH.

28TH? YES.

I'LL MOVE THAT.

THIS IS COMMISSIONER MANDINO AND I MOVE THAT WE APPROVED THE MINUTES FROM SEPTEMBER 28TH, 2022.

THIS IS COMMISSIONER NORTON, I CAN SECOND THAT.

THANK YOU. IS THERE ANY DISCUSSION? IN THAT CASE, ALL THOSE IN FAVOR OF THE MOTION, PLEASE SAY AYE.

AYE. ANY OPPOSED.

AND THE MOTION PASSES.

AND NOW WE HAVE OUR PUBLIC MEETING, PUBLIC HEARING.

[A. PZ-19-00248: This request is for a Zoning Code Text Amendment to amend Division 10-50.070 Outdoor Lighting Standards. STAFF RECOMMENDED ACTION: Staff recommends the Planning and Zoning Commission, in accordance with the findings presented in this report, make a recommendation to the City Council for approval of the Zoning Code Text Amendment.]

WE HAVE LOOKS LIKE TWO ZONING CODE AMENDMENTS TODAY.

THE FIRST ONE ABOUT OUTDOOR LIGHTING STANDARDS.

OOPS. THANK YOU.

I HAVE TO UNMUTE MYSELF.

THANK YOU, CHAIRMAN AND COMMISSIONERS.

I'M GOING TO TRY SOMETHING DIFFERENT IF YOU HATE IT.

I WON'T EVER DO IT AGAIN, BUT IT'S KIND OF A NEW TOY.

SO WE'LL SEE HOW THIS WORKS.

OH, I DIDN'T DO IT RIGHT.

HOLD ON. PLEASE HOLD.

ALL RIGHT. SO CAN YOU.

DOES THIS WORK? CAN YOU SEE ME? NO. WELL, I DO SEE YOU DOWN.

YEAH, YOU'RE DOWN IN THE TOOLBAR.

CORRECT. OKAY. YOU'RE NICELY OUTLINED.

OKAY. PERFECT BACKGROUND.

OKAY, SO WE'RE PLAYING WITH A NEW TOY TODAY.

TONIGHT, WE HAVE AN AMENDMENT TO THE ZONING CODE DIVISION 105070, WHICH IS THE OUTDOOR LIGHTING STANDARDS AT OUR WORK SESSION ON SEPTEMBER 28TH I WENT IN DETAIL THROUGH THE PROPOSED CODE AMENDMENT BECAUSE THERE WEREN'T A LOT OF CONCERNS OR QUESTIONS I'M GOING TO GO FAST TONIGHT, SO I HOPE THAT'S OKAY. SO I'M JUST GOING TO AGAIN HIGHLIGHT WHAT THE BIG CHANGES ARE.

SO THIS REALLY IS AN OVERHAUL TO THE WHOLE CHAPTER SECTION IN REGARDS TO OUTDOOR LIGHTING.

BUT HERE ARE THE BIG SUBSTANTIVE CHANGES.

THE FIRST ONE IS, IS THAT WE EXTEND LIGHTING ZONE TWO IN FLAGSTAFF TO COVER ALL OF EXISTING LIGHTING ZONE THREE.

SO THIS AGAIN, LIGHTING ZONE THREE IS PRIMARILY EAST FLAGSTAFF, ESSENTIALLY FROM THE SUNNYSIDE NEIGHBORHOOD FURTHER EAST. ALSO, WE'RE MODERNIZING THE MEASUREMENT OF ABSOLUTE LUMENS FOR LEDS.

[00:05:01]

SO WE'VE HAD A LITTLE MULTIPLIER BUILT IN OUR CODE TO DO THIS FOR A LONG TIME BECAUSE WE WERE WORKING THROUGH THE TRANSITION OF LOW PRESSURE, HIGH PRESSURE, SODIUM LIGHT FIXTURES AS WELL AS WORKING THE NEW INCOMING LEDS.

AT THIS POINT WE ARE PRETTY MUCH ALL THE WAY TRANSFERRED OVER TO THE USE OF LEDS AT THIS POINT.

SO OUR CODE IS NOW UPDATED AND THOSE MEASUREMENTS NOW SO WE DON'T HAVE TO APPLY THE MULTIPLIER.

OUR MEASUREMENTS ARE THE CORRECT AND RIGHT MEASUREMENT NOW FOR LED LIGHT FIXTURES.

WE ARE ALSO REVISING THE RESIDENTIAL AVERAGE USE STANDARD.

YOU MIGHT REMEMBER THAT IT WAS 10,000 LUMENS PER RESIDENCE.

IT GOES DOWN DRAMATICALLY FOR LIGHTING ZONE ONE.

AGAIN, REMEMBER THAT LIGHTING ZONE ONE IS A VERY LIMITED AREA OF THE CITY, PRIMARILY FALLS OVER WHAT IS THE TIMBER SKY DEVELOPMENT.

AND THE TIMBER SKY DEVELOPMENT HAS ALREADY SELF-REGULATED TO MEET THESE SAME SIMILAR STANDARDS.

FOR LIGHTING ZONE TWO, WHICH IS THE REMAINDER OF THE CITY, THE RESIDENTIAL AVERAGE USE STANDARD HAS DECREASED BY HALF.

SOUNDS DRAMATIC, BUT IT'S REALLY NOT.

SO IN LOOKING AT WHAT A TYPICAL HOME USES.

5000 LUMENS FOR OUTDOOR USE FALLS WELL WITHIN THAT RANGE.

AND LASTLY, WE'VE UPDATED DESIGN STANDARDS TO ENCOURAGE OVERHANG OR CANOPY MOUNTED LIGHTING IN LIGHTING ZONE ONE. SO BASICALLY HOW THIS IS DONE IS BY LIMITING THE TOTAL AMOUNT OF LUMENS ALLOWED OUTSIDE OF REGULAR OVERHANG OR CANOPIES WITHIN.

AND AGAIN, THIS IS ONLY WITHIN LIGHTING ZONES, ONE WHICH IS THE SMALLEST PIECE OF THE CITY WHERE I WORK SOMETIMES.

SO LET'S TALK ABOUT IN ORDER TO APPROVE OR MAKE A RECOMMENDATION ON THIS ZONING CODE TEXT AMENDMENT, WE NEED TO GO THROUGH THE FINDINGS. SO THE FIRST FINDING IS, IS THAT THE PROPOSED AMENDMENT IS CONSISTENT WITH AND CONFORMS TO THE OBJECTIVES AND POLICIES OF THE GENERAL PLAN IN ANY APPLICABLE SPECIFIC PLAN. IN THE NARRATIVE OF THE STAFF REPORT, I TALK ABOUT THE JOINT LAND USE STUDY THAT WAS PREPARED IN CONJUNCTION WITH COCONINO COUNTY.

THIS WAS COMPLETED IN 2019.

THE WORK THAT YOU SEE IN THIS AND OF THOSE REALLY BIG SUBSTANTIVE CHANGES, THOSE ARE ALL DIRECT POLICIES OUT OF THAT JOINT LAND USE STUDY.

WHILE WE DID NOT ADOPT THE JOINT LAND USE STUDY AS A SPECIFIC PLAN IN RELATION TO OUR GENERAL PLAN, IT WAS SOMETHING THAT DID GO BEFORE COUNCIL AND DID RECEIVE THEIR GENERAL ACCEPTANCE AND APPROVAL.

SO THE REGIONAL PLAN ITSELF DOES SPECIFICALLY SUPPORT THE PRESERVATION OF DARK SKIES IN FLAGSTAFF.

IT IS A CALL OUT IN THE REGIONAL PLAN IS IDENTIFIED AS AN IMPORTANT FEATURE.

DARK SKIES HAVE BEEN A PRIORITY FOR FLAGSTAFF OVER THREE DECADES AND PROBABLY LONGER THAN THREE DECADES.

BUT OUR LIGHTING CODES ARE LIGHTING CODES AS THEY'RE WRITTEN TODAY GO BACK THREE DECADES.

WE'VE HAD PROVISIONS IN OUR CODE IN REGARDS TO LIGHTING WELL BACK IN SINCE THE FIFTIES.

THIS CODE AMENDMENT REFLECTS RECENT PLANNING EFFORTS, WHICH I TALKED ABOUT THE JLUS OR THE JOINT LAND USE STUDY AND ITS GOALS AND POLICIES WHICH WERE ADDRESSED IN THE STAFF REPORT PROVIDED.

SO THE PROPOSAL THIS IS FINDING NUMBER TWO, THE PROPOSED AMENDMENT WILL NOT BE DETRIMENTAL TO THE PUBLIC INTEREST, HEALTH, SAFETY, CONVENIENCE OR WELFARE OF THE CITY.

AND THE PROPOSED AMENDMENT IS NOT ANTICIPATED TO BE DETRIMENTAL TO THE PUBLIC INTEREST HEALTH, SAFETY, CONVENIENCE OR WELFARE.

YOU KNOW, OUTDOOR LIGHTING IS ONE OF THOSE THINGS THAT PEOPLE OFTEN HAVE SAFETY CONCERNS FOR.

IT'S BEEN PROVEN TIME AND TIME AGAIN THAT THE USE OF SORT OF THE YELLOW HUEISH LIGHTING, WHETHER IT BE LOW PRESSURE, SODIUM OR NARROW SPECTRUM AMBER LED CAN STILL PROVIDE FOR SAFETY IN OUR ENVIRONMENT AND WHERE NECESSARY, WHITE LIGHTING IS STILL PERMITTED.

AND LASTLY, THE THIRD FINDING IS THAT THE PROPOSED AMENDMENT IS INTERNALLY CONSISTENT WITH OTHER APPLICABLE PROVISIONS OF THE ZONING CODE.

SO THE PROPOSED AMENDMENT REVISES THE ENTIRE OUTDOOR LIGHTING STANDARDS DIVISION OF THE ZONING CODE.

IN ADDITION, WE'VE GONE THROUGH AND UPDATED THE DEFINITIONS THE ASSOCIATED MAPS SIGNAGE STANDARDS, WHICH ADDRESSED THE OUTDOOR LIGHTING, SPECIFICALLY THE ZONES AND OUR LEGAL NON-CONFORMING STANDARDS TO COORDINATE WITH THE REWRITE OF THIS DIVISION.

WITH ALL OF THOSE CHANGES IN COMBINATION THAT MAY HELP US MAINTAIN THAT INTERNAL CONSISTENCY OF THE ZONING CODE.

IT'S ALSO GONE THROUGH A LOT OF WORK AND REVIEW.

[00:10:01]

WITH THAT STAFF RECOMMENDS THAT THE PLANNING AND ZONING COMMISSION, IN ACCORDANCE WITH THE FINDINGS PRESENTED IN THIS REPORT, MAKE A RECOMMENDATION TO THE CITY COUNCIL FOR APPROVAL OF THE ZONING CODE TEXT AMENDMENT.

AND I'M HERE IF YOU SHOULD HAVE ANY QUESTIONS, COMMENTS AND SUGGESTIONS.

I DID HAVE ONE LAST FOLLOW UP ITEM AT THE LAST MEETING.

ONE OF THE QUESTIONS WAS IN REGARDS TO STRING LIGHTING FOR RESIDENTIAL HOMES.

I DID CHECK IN WITH OUR CODE COMPLIANCE TEAM AND ON OCCASION THEY HAVE DEALT WITH STRING LIGHTS IN REGARDS TO RESIDENTIAL.

MORE OFTEN THEY'RE SEEING AND DEALING WITH IT ON COMMERCIAL PROPERTIES.

WHAT THEY DEAL WITH MORE OFTEN ON RESIDENTIAL PROPERTIES IS LIGHT SPILLAGE OR LIGHT TRESPASS FROM ONE PROPERTY TO ANOTHER RATHER THAN SOMEBODY LEAVING THEIR LIGHTS ON ALL NIGHT LONG.

SO AND THAT USUALLY COMES WITH THOSE MOTION SENSING LIGHTS, HOW THEY'RE DIRECTED OR FLOOD LIGHTS.

THOSE ARE THE ONES WHERE WE TYPICALLY END UP GETTING INVOLVED MOST ON RESIDENTIAL PROPERTIES.

AND SO WITH THAT, IF YOU HAVE ANY OTHER QUESTIONS, COMMENTS OR CONCERNS, PLEASE LET ME KNOW.

AND I HOPE WE CAN MOVE THIS ONE FORWARD.

THANKS, TIFFANY. [INAUDIBLE] OH, COMMISSIONER MANDINO.

YEAH. WELL, THIS IS ECHOING FOR SOME REASON, BUT I JUST NOTICED THAT COCONINO COMMUNITY COLLEGE ON FOURTH STREET SEEMS TO HAVE A NEW SIGN THAT'S LIT.

IT'S KIND OF LIKE SIGNS YOU'D SEE ON THE HIGHWAY.

IS THAT WITHIN THE NEW CODE OR HAVE THEY BEEN NOTIFIED THAT IT MIGHT NOT BE IN CODE? SO COCONINO COMMUNITY COLLEGE IS SORT OF A UNIQUE ENTITY.

THEY ARE BASICALLY A HIGHER GOVERNMENTAL JURISDICTION.

AND THEY CAN THEY ARE THEY CAN BE CONSIDERED EXEMPT FROM OUR ZONING CODE.

BUT DO WE STILL TRY TO WORK WITH PROPERTIES AND OWNERS LIKE FUSD AND OTHER PROPERTIES THAT MIGHT NOT HAVE TO COMPLY WITH OUR ZONING STANDARDS? WE DO VERY MUCH.

THAT SIGN.

WE DON'T HAVE.

IT'S AN ANIMATED SIGN.

OUR SIGN CODE DOESN'T REALLY ALLOW THAT TYPE OF ANIMATED SIGNAGE RIGHT NOW.

SO THERE'S LOTS OF DIFFERENT WAYS THAT THAT SIGN IS NOT CONFORMING.

AND YES, THE MINUTE IT WENT UP, WE RECEIVED LOTS OF CALLS FROM FOLKS, AND I BELIEVE IT'S BEING DISCUSSED.

I'M NOT NECESSARILY PERTINENT.

I'M NOT INCLUDED IN THOSE DISCUSSIONS, BUT HOPEFULLY SOMETHING WILL GET RESOLVED.

I'M SURE THEY PROBABLY SPENT A LOT OF MONEY ON THAT SIGN.

YEAH, THAT'S WHAT I WAS THINKING.

AND I WAS JUST WONDERING IF THEY HAD BEEN NOTIFIED THAT IT MIGHT NOT BE IN COMPLIANCE IN THE FUTURE.

BUT IF THEY HAVE THEIR OWN CODES BECAUSE THEY DON'T HAVE TO GO BY THE CITY, I GUESS THEY EITHER CAN BE A GOOD CITIZEN OF THE CITY OR THEY CAN KEEP THAT SIGN UP.

OKAY. THANK YOU.

YOU'RE WELCOME. COMMISSIONER NORTON, THANK YOU.

THANKS, TIFFANY, FOR GETTING THAT ADDITIONAL GUIDANCE ON THE STRING LIGHTING THAT I HAD INQUIRED ABOUT.

I HAD NOTICED WHEN I WAS OUT AND ABOUT WHAT A GREAT JOB DARK SKY BREWING HAD DONE WITH THEIR NEW PATIO ON BEAVER AND HOW THEY HAVE STRING LIGHTS THAT EACH LIGHT HAS A SHIELD ON IT. PLUS IT'S UNDER A FABRIC CANOPY.

AND I JUST WAS REALLY ADMIRING THEIR EFFORTS.

AND I WOULD IMAGINE IT'S EASIER TO MODERATE BUSINESSES AS OPPOSED TO RESIDENTIAL.

SO I GUESS IF YOU FEEL OR YOU'RE GUIDING US THAT THE CODE WITH REGARD TO LIGHT TRESPASS AND SHIELDED FIXTURES IS ENOUGH TO GIVE RESIDENTIAL COMMUNITIES SOMETHING TO WORK WITH WHEN THERE IS CERTAIN HOMES THAT ARE POSING A PROBLEM.

IF YOU FEEL THAT THOSE TWO AREAS GIVE US SOMETHING TO WORK WITH, I'M FINE WITH THIS.

OTHERWISE, I WAS LOOKING FOR A LITTLE MORE SPECIFIC GUIDANCE WITHIN THE CODE ABOUT IT, BUT I JUST WANTED TO KIND OF BRING IT UP AND GET YOUR GET YOUR FINAL OPINION.

I SUPPOSE.

OUR CODE COMPLIANCE TEAM IS DOING WELL WITH THE CODE AS IT'S WRITTEN.

I MEAN, THESE PROVISIONS ON THE RESIDENTIAL HAVEN'T CHANGED TOO MUCH.

BUT IF AS WE MOVE ON, I MEAN THE CODE IS MEANT TO BE A LIVING, BREATHING DOCUMENT AND AS WE RUN INTO ISSUES, I EXPECT THAT THERE MAY BE UNINTENDED CONSEQUENCES BECAUSE THIS IS A FAIRLY SUBSTANTIAL CHANGE, THAT THERE MIGHT BE MINOR TWEAKS THAT WE NEED TO MAKE IN THE FUTURE.

AND THOSE ARE ALL THINGS THAT WE CAN CONSIDER MOVING FORWARD AS WELL IF WE FIND SOMETHING'S NOT WORKING.

OK. THANK YOU.

[00:15:02]

THANK YOU. I DON'T SEE ANY OTHER COMMISSIONERS RIGHT NOW, SO I'M GOING TO ASK FOR PUBLIC COMMENT.

IS THERE ANYONE FROM THE PUBLIC WHO WOULD LIKE TO ADDRESS THIS ISSUE? PLEASE RAISE YOUR HAND OR INDICATE IN SOME WAY.

OKAY. I DON'T SEE ANYTHING.

ANY ANYBODY ELSE HAVE ANY COMMENTS OR ARE WE READY FOR A MOTION? I'LL GO AHEAD AND MAKE A MOTION.

I MOVE THAT PZ19 00248 IN ACCORDANCE WITH FINDINGS BE RECOMMENDED TO CITY COUNCIL FOR APPROVAL.

I WILL SECOND THAT MOTION.

THIS IS COMMISSIONER MANDINO.

ANY FURTHER DISCUSSION.

IN THAT CASE, ALL THOSE IN FAVOR OF THE MOTION, PLEASE SAY AYE.

AYE. ALL THOSE OPPOSED.

AND THAT MOTION PASSES.

AND NOW I SUPPOSE IT'S YOU AGAIN TIFFANY.

[B. PZ-21-00021 This request is for a Zoning Code Text Amendment to amend Section 10-90.40.030 of the Zoning Code, the Rural Floodplain Map, to change the map designation of approximately 7.76 acres from Rural Floodplain to Urban Floodplain on eight parcels of land (APNs 101-01-020A, 020B, 101-28-005G, 005H, 005K, 013A, 013B, and 013D) located generally between W Forest Avenue, N San Francisco Street. STAFF RECOMMENDED ACTION: Staff recommends the Planning and Zoning Commission, in accordance with the findings presented in this report, make a recommendation to the City Council for approval of the Zoning Code Text Amendment.]

WE'RE READY FOR THE.

YES. SO I'M NOT GOING TO DO THE TRICK WITH THE NEXT PRESENTATION.

IT'S A LITTLE BIT MORE IN-DEPTH AND DETAILED, SO I JUST WANT TO JUST PLAY AROUND WITH THAT FEATURE THIS LAST TIME.

SO I'M GOING TO TURN OFF MY CAMERA AND SHARE MY SCREEN HERE REAL QUICK.

OKAY. SO YOU CAN SEE MY SCREEN, CORRECT? YES. YES WE CAN.

GET THIS.

I CAN'T FIND MY [INAUDIBLE] LOGOS.

ALL RIGHT, SO TONIGHT WE ARE HERE FOR A PUBLIC HEARING ON THE AMENDMENT TO THE ZONING CODE SECTION 10-90.40.030, WHICH IS THE RURAL FLOODPLAIN MAP.

SO WE DID HAVE A WORK SESSION ON THIS PARTICULAR ITEM TWO WEEKS AGO ON SEPTEMBER 28TH.

SO THIS REQUEST IS FOR THE ZONING CODE TEXT AMENDMENT, AS I MENTIONED, TO THE RURAL FLOODPLAIN MAP TO CHANGE THE MAP DESIGNATION OF APPROXIMATELY 7.76 ACRES OF LAND FROM RURAL FLOODPLAIN TO URBAN FLOODPLAIN ON EIGHT PARCELS OF LAND, THEY ARE GENERALLY LOCATED BETWEEN WEST FOREST AVENUE AND NORTH SAN FRANCISCO STREET.

AND HERE YOU HAVE THAT AGAIN REMEMBER, THIS IS COMING OUT OF THE REQUEST BY ONE PARTICULAR PROPERTY OWNER.

AFTER REVIEWING THE APPLICATION, STAFF IS SUGGESTING THAT THE REMAINDER PARCELS IN THIS AREA ALSO MOVE FORWARD SINCE THE JUSTIFICATION AND THE RATIONALE IS BASED ON ALL OF THE PROPERTIES WITHIN THIS CHANNEL.

SO THE SUBJECT PROPERTY ITSELF, THE APPLICANT REPRESENTS APN 101-28-005H, WHICH IS A 3.35 ACRE PARCEL.

SO THE SUBJECT PROPERTY IS LOCATED WITHIN THE RESOURCE PROTECTION OVERLAY, WHICH IDENTIFIES FLOOD PLAINS, BOTH URBAN AND RURAL, AS THE HIGHEST PRIORITY RESOURCE TO BE PROTECTED ON A SITE.

THE ZONING CODE INCLUDES SPECIFIC PROVISIONS ON THE AMOUNT OF FOREST AND SLOPE RESOURCES THAT CAN BE DISTURBED ON A SITE WITHIN THE RESOURCE PROTECTION OVERLAY.

THERE ARE NO SPECIFIC PRESERVATION RATES PROVIDED FOR URBAN OR RURAL FLOODPLAINS EXCEPT WITHIN THE DESCRIPTIONS FOUND IN THE ZONING CODE.

THE URBAN FLOOD PLAINS ARE WATERCOURSES ASSOCIATED WITH FLOOD PLAINS, NOT DEFINED AS RURAL.

URBAN FLOOD PLAINS ARE TYPICALLY LOCATED IN URBANIZED AREAS AND HAVE TYPICALLY BEEN ALTERED FROM THEIR NATURAL STATE OF CHANNELIZATION.

URBAN FLOODPLAINS MAY BE ALTERED TO ADDRESS CONVEYANCE AND EROSION CONCERNS, PROVIDED THAT ALL NECESSARY REQUIREMENTS OF THE CITY STORMWATER REGULATIONS, AS ADMINISTERED BY THE STORMWATER MANAGER, ARE ADDRESSED.

HOWEVER, CERTAIN URBAN FLOODPLAINS THAT HAVE CHARACTERISTICS CONDUCIVE TO WATER QUALITY, WILDLIFE, HABITAT AND STREAM ECOLOGY SHOULD BE PRESERVED.

SO IT'S IMPORTANT TO NOTE THAT YOU CAN STILL BE AN URBAN FLOODPLAIN AND HAVE WATER QUALITY WILDLIFE HABITAT AND STREAM ECOLOGY FEATURES AS WELL.

PROPOSALS FOR ANY DISTURBANCE OF THESE WATERCOURSES NEED TO BE REVIEWED BY THE STORMWATER MANAGER AND MUST ADDRESS THE ATTRIBUTES AND PROVIDE FOR MITIGATION IF NECESSARY.

[00:20:07]

UNDERGROUNDING OF URBAN FLOODPLAINS IS STRONGLY DISCOURAGED AND A JUSTIFICATION MUST BE PROVIDED PRIOR TO ANY APPROVAL OF UNDERGROUNDING.

SO HERE IS THE DEFINITION OF RURAL FLOODPLAINS.

RURAL FLOODPLAINS ARE NATURAL, UNDISTURBED, OPEN SPACES THAT ARE UNSUITABLE FOR DEVELOPMENT PURPOSES DUE TO PERIODIC FLOOD INUNDATION AND THE NEED TO PRESERVE THE STREAM CORRIDOR FOR BENEFICIAL USES SUCH AS THE PRESERVATION OF IMPORTANT ECOLOGICAL RESOURCES.

THERE ARE DELINEATED ON THE RURAL FLOODPLAIN MAP AND DEFINED AS AREAS OF DELINEATED 100 YEAR FLOOD PLAIN THAT CANNOT BE DISTURBED OR DEVELOPED EXCEPT FOR ROADWAY AND UTILITY CROSSINGS.

SO THIS IS THE PROVISION RIGHT HERE THAT TELLS STAFF THAT WE WILL NOT ALLOW DEVELOPMENT TO ENCROACH WITHIN A RURAL FLOODPLAIN OTHER THAN THOSE THAT ARE HIGHLIGHTED SPECIFICALLY ROADWAY AND USUALLY ITS DRIVEWAY OR ACCESS TO THE SITE.

AND THEN, OF COURSE, UTILITIES, WATER, SEWER, ELECTRIC, GAS, ALL OF THOSE GOOD THINGS.

RURAL FLOODPLAINS CANNOT BE ALTERED THROUGH A FLOOD MAP AMENDMENT.

AND I CAN TALK TO YOU ABOUT WHAT THAT IS.

A FLOOD MAP AMENDMENT IS WHEN YOU OR A DEVELOPER OR PROPERTY OWNER APPROACHES FEMA WITH ADDITIONAL DATA AND SHOWS THAT THE PROPERTY MAY NOT BE AN ACTUAL FLOODPLAIN OR THE FLOODPLAIN BOUNDARIES MUST MAY BE DIFFERENT OR THE FLOODWAY BOUNDARIES MAY BE DIFFERENT.

SO EVEN IF FEMA, WHO DESIGNATES THE FLOODPLAINS, NOT THE RURAL AND URBAN, BUT DESIGNATES THE 100 YEAR FLOOD PLAIN ON THE FEMA MAPS, EVEN IF THEY WERE TO CHANGE THE MAP, THE RURAL FLOODPLAIN STILL COULD NOT BE ALTERED.

THE EXTENSION OF RURAL FLOODPLAINS BEYOND THE LIMITS OF THE DELINEATED FLOODPLAINS, BOTH UPSTREAM AND LATERALLY, MAY BE REQUIRED BASED ON MORE CURRENT OR EXTENDED FLOODPLAIN STUDIES. THIS IS REALLY APPLYING TO IF WE'RE GOING TO GO IN AND CONVERT AREA TO RURAL FLOODPLAIN AT THIS POINT IN TIME, WHAT WE'RE LOOKING AT IS RURAL FLOODPLAIN AND THE REQUEST IS TO AMEND IT BACK TO URBAN OR TO GO TO URBAN FLOODPLAIN.

HERE IS THE CURRENT RURAL FLOODPLAIN MAP.

THAT BRIGHT GREEN COLOR IS THE AREA THAT IS DESIGNATED AS RURAL.

YOU CAN SEE TO THE NORTH AND THE SOUTH, THE FLOODPLAIN CONTINUES AND BOTH OF THOSE SECTIONS OF FLOODPLAIN ARE DESIGNATED AS URBAN.

SO THIS IS THE MAP I'VE ADDED INTO THIS PRESENTATION.

SO THIS IS THE CURRENT FLOODPLAIN MAP.

WHAT YOU'RE SEEING ON THIS MAP IS THE BOUNDARY OF BOTH THE FLOODWAY AND THE FLOOD FRINGE, AS WE DISCUSSED LAST TIME.

THE FLOODWAY ARE THE AREAS THAT ARE HATCHED WITH THE SORT OF PINK OR PURPLISH LINES, AND THE BLUE REPRESENTS THE AREA OF THE FLOOD FRINGE.

AS YOU MOVE THROUGH THIS AREA, YOU CAN SEE THAT FOR A SIGNIFICANT PORTION, THE FLOODWAY AND THE FLOOD FRINGE ARE THE SAME ONE AND THE SAME PERFECTLY ALIGNED.

THE FLOODWAY IS AN AREA THAT IS UNLIKELY TO BE DISTURBED JUST BASED ON OUR REGULAR STORM WATER DESIGNATIONS.

SO THE CONVERSION OF THIS AREA FROM RURAL TO FLOODPLAIN ON MOST OF THESE SITES WON'T IMPACT AT ALL THE ALLOWED DEVELOPMENT TO OCCUR ON SITE BECAUSE AGAIN, THAT FLOOD FRINGE AND THAT FLOODWAY OVERLAP EACH OTHER FAIRLY SIGNIFICANTLY, WHERE THE FLOOD FRINGE MOVES AWAY FROM THE FLOODWAY AND IS EXPANDED GREATLY IS ON THE THREE PARCELS THAT SIT IN BETWEEN THE DEVELOPMENT OF THE YMCA AND THE DEVELOPMENT OF THE HOSPICE.

THESE THREE PARCELS ARE ALL VACANT.

ONE PARCEL IS ZONED HIGH DENSITY RESIDENTIAL AND THE OTHER TWO ARE ZONED RESIDENTIAL SINGLE FAMILY.

SO HERE'S THE PROPOSED RURAL FLOODPLAIN MAP.

THIS WOULD CHANGE IT ALL TO URBAN, AS YOU WOULD SEE BOTH NORTH AND SOUTH.

SO THIS IS WHAT THE MAP WOULD LOOK LIKE IF THE TEXT AMENDMENT IS APPROVED.

IN THIS CASE, AN APPLICANT CAME FORWARD WITH A DEVELOPMENT PROPOSAL.

THE DEVELOPMENT PROPOSAL INCLUDED A SMALL ENCROACHMENT INTO THE AREA OF RURAL FLOODPLAIN.

THEY WERE ALERTED TO THAT.

THEY APPROACHED CONCERNS ABOUT THE STATUS OF THE RURAL FLOODPLAIN AND IF THE RURAL FLOODPLAIN STILL MET THE DEFINITION.

IF THE CONDITIONS IN THE FIELD TRULY MET THE DEFINITION OF RURAL FLOODPLAIN.

TODAY, WHILE I'M SHOWING YOU THE APPLICANT'S DEVELOPMENT PLAN, IT IS NOT PART OF THIS ZONING CODE TEXT AMENDMENT.

THE ZONING CODE TEXT AMENDMENT WILL NOT GUARANTEE THAT THIS IS THE DEVELOPMENT THAT WILL OCCUR ON SITE.

[00:25:04]

IT IS NOT TIED TO THE ZONING CODE TEXT AMENDMENT IN ANY WAY.

SO THIS ZONING CODE TEXT AMENDMENT IS JUST SPECIFICALLY IN TERMS OF WHAT DOES THE RURAL FLOODPLAIN STILL MEET THE DEFINITION OF RURAL FLOODPLAIN, OR SHOULD IT BE DESIGNATED AS URBAN FLOODPLAIN? SO LET'S TALK ABOUT THE FINDINGS FOR THE ZONING CODE TEXT AMENDMENT.

THE FIRST FINDING IS THAT THE PROPOSED AMENDMENT IS CONSISTENT WITH AND CONFORMS TO THE OBJECTIVES OF THE GENERAL PLAN AND ANY APPLICABLE SPECIFIC PLAN.

SO THE PROPOSED AMENDMENT IS TO RESOLVE A CONFLICT IN THE RURAL FLOODPLAIN MAP.

THE EXISTING [INAUDIBLE] ARE WASHED WITHIN THE SUBJECT AREA HAS BEEN SIGNIFICANTLY ALTERED THROUGH VARIOUS DEVELOPMENT PROJECTS OVER TIME AND NO LONGER MEETS THE INTENT AND PURPOSE OF THE RURAL FLOODPLAIN.

THE AMENDMENT WILL CHANGE THE DESIGNATION FROM RURAL FLOODPLAIN TO URBAN FLOODPLAIN IF APPROVED.

THE REGIONAL PLAN DOES NOT SPECIFICALLY ADDRESS RURAL VERSUS URBAN FLOODPLAIN AS DESCRIBED IN THE ZONING CODE.

FLOODPLAINS, HOWEVER, IN GENERAL ARE CONSIDERED ENVIRONMENTALLY SENSITIVE LANDS WHICH ARE COVERED IN THE REGIONAL PLAN.

AND THE PLAN STATES THAT THESE AREAS CONTAIN CRITICAL RESOURCES AND REQUIRE SPECIAL CONSIDERATION IN THE DEVELOPMENT, DESIGN AND REVIEW PROCESS.

STAFF CALLED OUT SEVERAL GOALS AND POLICIES THAT TALK ABOUT DESIGNING DEVELOPMENT PROPOSALS TO MINIMIZE ALTERATION OF NATURAL LANDFORMS AND PRESERVATION OF ENVIRONMENTALLY SENSITIVE LANDS AS WELL.

DEVELOPMENT IN FLOODPLAINS, HOWEVER, IS REGULATED BY TITLE 12 OF THE FLAGSTAFF CITY CODE, WHICH IS ENTITLED FLOODPLAINS.

SO THERE ARE VERY SPECIFIC REQUIREMENTS FOR ANY DEVELOPMENT THAT OCCURS IN A FLOODPLAIN BECAUSE THEY ARE KNOWN TO BE AT A HIGHER RISK.

FINDING NUMBER ONE CONTINUED.

SO THE ENVIRONMENTAL PLANNING AND CONSERVATION CHAPTER OF THE REGIONAL PLAN INCLUDES TWO MAPS THAT HELP IDENTIFY THE CONCENTRATIONS OF NATURAL RESOURCES.

AND I WANT TO CALL THESE OUT.

THE FIRST ONE IS MAP 7, WHICH SHOWS SIGNIFICANT NATURAL RESOURCES, INCLUDING WILDLIFE, VEGETATION, HYDROLOGY AND GEOLOGY, AND IDENTIFIES THE SUBJECT AREA AS A POTENTIAL SITE FOR RIPARIAN VEGETATION.

PHOTOS OF THIS SITE AND FROM BEING OUT ON SITE, ONE CAN SEE THAT THE AREA HAS TYPICAL VEGETATION OF WHAT YOU WOULD FIND OUTSIDE OF THE FLOODPLAIN IN THIS PARTICULAR AREA.

SO WHAT YOU'RE SEEING IN THIS GENERAL AREA ARE PONDEROSA PINES, WHICH ARE NOT TYPICALLY CONSIDERED RIPARIAN VEGETATION, AND YOU HAVE REGULAR NATURAL GRASSLANDS WHICH ARE ALSO NOT CONSIDERED RIPARIAN VEGETATION.

THIS MAP IS TAKEN FROM THE ONLINE VERSION AND THE LEGEND CLEARLY READS RIPARIAN VEGETATION.

SO IT WOULD READ AS IF IT IS.

BUT WHEN YOU LOOK IN THE PAPER COPY OF THE REGIONAL PLAN.

THIS LEGEND IS DIFFERENT AND READS POTENTIAL RIPARIAN VEGETATION.

FROM STAFF'S ANALYSIS AND LOOK AT THE PROPERTY.

THIS IS NOT AN AREA THAT HAS SIGNIFICANT RIPARIAN VEGETATION.

THE NEXT MAP IS MAP 8, WHICH IS THE CONCENTRATION OF NATURAL RESOURCES AND SHOWS THE SUBJECT AREA IN THE MODERATE RANGE OF RESOURCE CONCENTRATION WITHOUT FURTHER INDICATION OF THE RESOURCE IDENTIFIED IN THIS AREA.

THE AREA IS NOT IDENTIFIED AS A WATCHABLE WILDLIFE AREA.

BOTH MAPS INCLUDE NOTES THAT THE INDICATION OF NATURAL RESOURCES DOES NOT PRECLUDE PRIVATE DEVELOPMENT ENTITLEMENTS.

SO WHILE THESE MAPS ARE VERY HELPFUL FOR US IN WORKING WITH THE DEVELOPER TO DETERMINE WHERE DEVELOPMENT MAY BE CONCENTRATED OR LOCATED ON A PARTICULAR SITE, THEY'RE NOT MEANT TO PRECLUDE THE DEVELOPMENT OF A SITE.

SO FINDING NUMBER TWO, THE PROPOSED AMENDMENT WILL NOT BE DETRIMENTAL TO THE PUBLIC INTEREST, HEALTH, SAFETY, CONVENIENCE OR WELFARE OF THE CITY.

THE PROPOSED AMENDMENT IS NOT ANTICIPATED TO BE DETRIMENTAL TO THE PUBLIC INTEREST, HEALTH, SAFETY, CONVENIENCE OR WELFARE.

THIS AMENDMENT WILL RESOLVE A CONFLICT IN THE RURAL FLOODPLAIN MAP.

SO FOR STAFF'S PERSPECTIVE THAT THIS PARTICULAR FLOODPLAIN NO LONGER MEETS THE URBAN FLOODPLAIN OR NO LONGER MEETS THE RURAL FLOODPLAIN DEFINITION AND REALLY CONFORMS WITH THE URBAN FLOODPLAIN DEFINITION.

IT WILL ALLOW THE SAME LEVEL OF DEVELOPMENT THAT IS ALLOWED BOTH NORTH AND SOUTH AND ALONG ALL OF THE OR WITHIN ALL OF THE FLOODPLAIN AREAS

[00:30:09]

WITHIN THE CITY OF FLAGSTAFF.

SO IT'LL BE TREATED EQUALLY.

IT WILL NEED TO MEET TITLE 12 OF THE CITY CODE AND MEET ALL REQUIREMENTS FOR FLOODPLAIN DEVELOPMENT, WHICH AGAIN IS INTENDED TO REDUCE THE RISK THAT MIGHT COME FROM AN AREA THAT IS DESIGNATED WITH A POTENTIAL HIGHER RISK.

AND FINDING NUMBER THREE.

THE PROPOSED AMENDMENT IS INTERNALLY CONSISTENT WITH OTHER APPLICABLE PROVISIONS OF THE ZONING CODE.

THE CURRENT INDICATED AREA IS INCONSISTENT WITH THE DESCRIPTION OF RURAL FLOODPLAIN.

RURAL FLOODPLAINS ARE DESCRIBED AS NATURAL, UNDISTURBED, OPEN SPACES THAT ARE UNSUITABLE FOR DEVELOPMENT PURPOSES DUE TO PERIODIC FLOOD INUNDATION AND THE NEED TO PRESERVE THE STREAM CORRIDOR FOR BENEFICIAL USES, SUCH AS THE PRESERVATION OF IMPORTANT ECOLOGICAL RESOURCES.

THE ZONING CODE DESCRIBES THE URBAN FLOODPLAIN AS WATERCOURSES IN URBANIZED AREAS THAT HAVE TYPICALLY BEEN ALTERED FROM THEIR NATURAL STATE.

BY GENERALIZATION, THE APPLICANT HAS PROVIDED A BIOLOGICAL EVALUATION OF THE SWEITZER WASH AND THE SUBJECT AREA PREPARED BY NATURAL CHANNEL DESIGN IN 2010.

IN 2003, THE REPORT STATES THE FOLLOWING THE PRIMARY LIMITING FACTORS TO THE BIOLOGICAL AND PHYSICAL FUNCTIONS OF SWEITZER CREEK ARE DIRECT MANIPULATIONS OF THE CHANNEL AND FLOODPLAIN DURING PAST CONSTRUCTION OF SURROUNDING ROADS, UTILITY PIPELINES AND OTHER INFRASTRUCTURE.

SO I WAS ASKED A QUESTION AT THE LAST PLANNING AND ZONING COMMISSION MEETING ABOUT THE TIME FRAME FOR THOSE IMPROVEMENTS.

AND WHAT I'VE BEEN ABLE TO ASSESS IS, IS THAT IT'S HAPPENED OVER THE LAST THREE DECADES.

SOME OF THE INITIAL WORK BEGUN IN THE NINETIES, MID NINETIES AND HAS CONTINUED ON, SOME OF THE WORK HAS BEEN CITY RELATED AND SOME OF THE WORK HAS BEEN PRIVATE DEVELOPMENT RELATED.

ADDITIONALLY, I WAS MADE AWARE OF PREVIOUS WORK THAT WAS DONE IN THIS AREA GRADING MANIPULATION OF THE EARTH WITHOUT THE REQUIRED PERMITS.

THIS IS NOT SOMETHING THAT WAS DONE BY THE CURRENT PROPERTY OWNER AND I DON'T HAVE THE SPECIFIC LOCATIONS OF WHERE THIS WAS DONE, BUT THIS IS THIS IS SORT OF A KNOWN FACT, I GUESS, AMONG STAFF THAT HAVE WORKED HERE FOR MANY DECADES AS WELL.

SO THAT'S SOMETHING ALSO TO SHARE.

IN SEVERAL PLACES, THE CHANNEL AND FLOODPLAIN HAVE BEEN SIGNIFICANTLY NARROWED AND OR COMPLETELY REALIGNED.

LARGE ROCK HAS BEEN ADDED TO THE BANKS AND CHANNEL, PRESUMABLY TO MINIMIZE EROSION.

EXTENSIVE SPOIL PILES LIMIT ACCESS TO THE ACTIVE FLOODPLAIN.

STEEP ROAD EMBANKMENTS CONTRIBUTE TO CONTRIBUTE TO INCREASED SEDIMENT SUPPLIES AND CHANNEL REALIGNMENTS HAVE PUSHED THE CHANNEL INTO DENSE THICKETS OF PONDEROSA PINE.

THE CUMULATIVE IMPACT OF THESE MODIFICATIONS LIMITS THE FUNCTION OF THE RIPARIAN SYSTEM.

THE PROPOSED AMENDMENTS ENHANCE THE ZONING CODES INTERNAL CONSISTENCY BY RESOLVING A CONFLICT ON THE RURAL FLOODPLAIN MAP PERTAINING TO THE SUBJECT PROPERTY. SO BEFORE I GET TO STAFF RECOMMENDATION, I DO WANT TO TALK ABOUT THE CITIZEN PARTICIPATION AND THE COMMENTS THAT HAVE BEEN PROVIDED. SO IN ACCORDANCE WITH STATE STATUTE AND THE ZONING CODE, THE PLANNING AND ZONING COMMISSION HELD A WORK SESSION AND YOU WILL HAVE THIS PUBLIC HEARING TONIGHT.

ADDITIONALLY, THE APPLICANT HELD A NEIGHBORHOOD MEETING TO DISCUSS THIS PARTICULAR TEXT AMENDMENT AS THEY PROPOSED FOR THEIR PARCEL. THAT MEETING INCLUDED ALL PROPERTY OWNERS WITHIN 300 FEET, AND THE MEETING WAS HELD ON AUGUST 25TH FROM 10 A.M. TO NOON ON THE PARCEL ITSELF.

APPROXIMATELY 24 MEMBERS OF THE PUBLIC ATTENDED THE MEETING, BUT ONLY 11 ATTENDEES SIGNED IN.

CONCERNS PRESENTED INCLUDED THE FOLLOWING.

THAT THERE WERE CONCERNS THAT A CHANGE FROM RURAL TO URBAN WOULD OPEN THE POSSIBILITY OF FURTHER ANALYZATION OF WATER THROUGH THE AREA AND PREVENT IT FROM SOAKING INTO THE WATER TABLE THAT PROVIDES OUR DRINKING WATER.

THERE WERE CONCERNS THAT A CHANGE FROM RURAL TO URBAN WOULD CREATE FLOODING CONCERNS FOR BUSINESS AND RESIDENTS AS DOWNSTREAM FROM THE LOCATION AND CONCERNS THAT A CHANGE FROM RURAL TO URBAN WOULD IMPACT WILDLIFE THAT USE THE AREA AS A CORRIDOR.

STAFF WAS CONTACTED BY SEVERAL COMMUNITY MEMBERS THAT REQUESTED ADDITIONAL INFORMATION ABOUT THE APPLICATION.

THE APPLICATION WAS FORWARDED OUT TO WHOMEVER REQUESTED IT, AND AS OF THE PREPARATION OF THE REPORT, STAFF HAD RECEIVED SEVEN PUBLIC COMMENTS VIA EMAIL AND THOSE

[00:35:04]

WERE ATTACHED TO THE STAFF REPORT FOR YOUR REVIEW.

ADDITIONALLY, WE RECEIVED AN ADDITIONAL COMMENT THIS MORNING AND THAT WAS FORWARDED ON.

AND IF YOU HAVE ANY QUESTIONS IN REGARDS TO THAT, I'M HAPPY IF YOU DIDN'T GET IT, I'M HAPPY TO READ IT TO YOU.

THE PLANNING AND ZONING COMMISSION HELD A WORK SESSION ON SEPTEMBER 28.

THE COMMISSION HAD GENERAL INFORMATION AND QUESTIONS ABOUT THE OWNERSHIP OF THE APPLICANT'S PROPERTY AND THE TIMING OF ADJACENT CONSTRUCTION.

STAFF WAS FOLLOWING UP WITH THE STAFF DID FOLLOW UP WITH SOME OF THE ADDITIONAL INFORMATION.

WHEN THE WATER AND SEWER LINES WERE CONSTRUCTED, AND WE'VE ALSO PROVIDED THE ADDITIONAL INFORMATION ABOUT THE FLOODWAY VERSUS FRED FLOOD FRINGE AREAS. I DID.

I DO WANT TO NOTE THAT I OF SOME OF THE CONVERSATIONS THAT WERE HELD AT THE PLANNING AND ZONING COMMISSION WORK SESSION BASED ON HOUSING AND THE TYPE OF HOUSING SHORT TERM RENTALS, AFFORDABLE HOUSING.

I DID APPROACH THE APPLICANT AND ASKED THEM IF THEY WANTED TO ENTER INTO A DEVELOPMENT AGREEMENT, WHICH IS NOT TYPICAL FOR A ZONING CODE TEXT AMENDMENT, AND THEY DECLINED THAT OFFER. WITH THAT STAFF BELIEVES THAT THE FINDINGS FOR THIS AMENDMENT CAN BE MET FOR THIS REQUEST.

THE PROPOSED AMENDMENT CONFORMS TO AND AS IN GENERAL, COMPLIANCE WITH THE FLAGSTAFF REGIONAL PLAN.

THE PROPOSED AMENDMENT SHOULD NOT BE DETRIMENTAL TO THE PUBLIC INTEREST, HEALTH, SAFETY, CONVENIENCE OR WELFARE OF THE CITY BASED ON EXISTING REQUIREMENTS FOR THE REGULATION OF DEVELOPMENT WITHIN DESIGNATED FLOODPLAINS AND STORMWATER MANAGEMENT.

AGAIN, IT IS NOT ATYPICAL TO SEE DEVELOPMENT WITHIN FLOOD PLAINS THROUGHOUT THE CITY.

LASTLY, THE PROPOSED AMENDMENT IS INTERNALLY CONSISTENT WITH OTHER PROVISIONS OF THE ZONING CODE, AS IT HAS BEEN DEMONSTRATED THAT THE RURAL FLOODPLAIN DESIGNATION IS NO LONGER CONSISTENT WITH THE EXISTING CONDITIONS ON THE SUBJECT PROPERTY.

AND WITH THAT, IF YOU SHOULD HAVE ANY QUESTIONS, I'M HAPPY TO TRY AND ADDRESS THEM.

ALEX. ALEX. RIGHT.

I HAVE A COUPLE OF COMMENTS, REMARKS I'D LIKE TO MAKE.

YOU KNOW, THIS DISCUSSION IS ABOUT A TEXT AMENDMENT.

THIS IS NOT A DEVELOPMENT AGREEMENT WHERE ADDITIONAL ADS CAN BE MADE.

WE'RE HERE TO ASSESS, YOU KNOW, A DEFINITION.

IS THIS A RURAL FLOODPLAIN OR AN URBAN FLOODPLAIN? YOU KNOW, THAT'S THE QUESTION.

AND AN IMPORTANT PART TO REMEMBER IS THAT RURAL FLOODPLAINS CAN STILL THE FLOODPLAINS CANNOT BE TOUCHED FOR ANY FLOOD MITIGATION IMPROVEMENTS, WHILE URBAN FLOODPLAINS DESIGNATIONS CAN.

THE NINE WATERSHEDS HAVE BEEN COMPROMISED IN THE LAST THREE YEARS.

THIS WASH IS COMPROMISED.

THE CITY CAN'T DO ANYTHING ABOUT IT UNLESS IT IS DESIGNATED AN URBAN FLOODPLAIN.

AND THIS IS AND THIS TEXT AMENDMENT WILL HELP PROTECT PROPERTIES IN THE SURROUNDING AREA.

THANK YOU, TIFFANY. YOU DID A GREAT JOB.

I. I DON'T SEE ANY OTHER HANDS RIGHT NOW.

TIFFANY, I WONDER IF YOU CAN PUT UP THAT MAP THAT SHOWS THE I THINK YOU'RE CALLING IT THE FRENCH.

SO. THE AREA THAT'S HATCHED IS IS IS IS THE FLOOD PLAIN.

SO WHAT I HEARD YOU SAYING IS THAT THAT IS RESTRICTED FROM DEVELOPMENT BY VIRTUE OF BEING A FLOODPLAIN.

BY VIRTUE OF BEING THE FLOOD WAY.

I MEAN, WHAT? YES, YES, YES.

AND CAN THE FLOODWAY EVER CAN SOMEBODY GO IN AND CHANGE A FLOODWAY? THE ONLY WAY TO GUESS A FLOODWAY COULD BE CHANGED.

THE ONLY WAY THAT CAN HAPPEN IS BY GOING THROUGH FEMA.

SO THE FEDERAL EMERGENCY MANAGEMENT AGENCY.

SORRY TO USE LINGO, BUT FEMA IS THE ONLY.

THESE MAPS, THIS MAP THAT YOU'RE SEEING HERE IS BASED ON ON A FEMA GENERATED MAP.

SO THIS COMES FROM THE FEDERAL GOVERNMENT TO US AND.

IT IS POSSIBLE TO GO IN AND PERFORM A STUDY AND SHOW THAT THIS IS NOT A FLOODWAY.

I DON'T I'M NOT AN ENGINEER, SO I CAN'T SAY THAT WOULD HAPPEN OR WOULDN'T HAPPEN.

BUT THERE IS A PROCESS.

SHOULD A FLOODPLAIN BE ERRONEOUSLY DESIGNATED? OKAY. THE FEMA BEING THE THE ARMY CORPS OF ENGINEER.

THAT'S YOU KNOW WHAT? WELL, THAT'S WHO'S ACTING ON THE FEMA REGULATIONS.

SO FOR OUR FLOOD TO MITIGATE OUR FLOOD PLAIN IN THE SOUTH SIDE, TO THE SOUTH SIDE.

[00:40:06]

THE ARMY CORPS IS A LITTLE BIT DIFFERENT.

I MEAN, FEMA IS DEFINITELY A DIFFERENT AGENCY.

BUT YEAH, YEAH, THEY'RE THEY ACT THERE.

THEY TAKE ACTION. THEY'RE ACTION GUYS.

YES. SO THE WHEN I LOOK AT THIS MAP, THE QUESTION I'M ASKING MYSELF, I SEE REALLY MAINLY THAT ONE SPOT WHERE IT KIND OF WIDENS OUT TO LIKE TWICE ITS WIDTH.

AND BUT IN THAT CROSSHATCH AREA OR IN ANY FLOODPLAIN IN FLAGSTAFF.

WHAT ARE THE DIFFERENCES BETWEEN, YOU KNOW, THE SQUARE FOOTAGE OF AN AREA THAT'S IN THE RURAL FLOODPLAIN VERSUS THE SQUARE FOOTAGE OF AN AREA THAT'S IN THE URBAN FLOODPLAIN IN TERMS OF HOW IT IS TREATED, HOW IT IS CONSIDERED.

YOU KNOW, FOR DEVELOPMENT.

AND THAT WAS WAS THAT CONFUSING? A LITTLE A LITTLE BIT.

RURAL FLOODPLAIN SPECIFICALLY PROHIBITS DEVELOPMENT FROM ENCROACHING IN IT.

IT'S DEEMED AS AN AREA THAT'S IMPORTANT FOR PRESERVATION, WHERE THE URBAN FLOODPLAIN WOULD SPECIFICALLY ALLOW DEVELOPMENT WITHIN THE FLOOD FRINGE SO LONG AS IT CONFORMS TO.

CITY CODE STANDARDS, AND I COULD TALK ABOUT WHAT THOSE CITY CODE STANDARDS ARE.

THEY'RE DIFFERENT FOR RESIDENTIAL AS OPPOSED TO COMMERCIAL.

BUT AS YOU CAN SEE, I MEAN, CITY HALL, FOR EXAMPLE, WHERE I'M SITTING RIGHT NOW, IS IN A FLOOD ZONE.

AND IF YOU LOOK IN THE DOWNTOWN, LARGE PORTIONS OF THE DOWNTOWN ARE IN A FLOOD ZONE.

A GOOD EXAMPLE, YOU KNOW, WHEN WE WORKED WITH, SAY, I THINK WHEN JIMMY JOHN'S WENT INTO IT'S LOCATION, IT'S NOW NO LONGER THERE BECAUSE IT WAS A COMMERCIAL PROPERTY.

WE ENDED UP FLOOD PROOFING THAT PROPERTY TO MAKE IT WORK.

IN OTHER SITUATIONS, THE OLD GUARD SHOP AND I FORGET WHAT THE COMPANY IS THAT'S IN THERE NOW, BUT IF IT'S ACROSS FROM CITY HALL, NOT TOO FAR AWAY, YOU CAN SEE HOW THAT BUILDING IS SITTING HIGH UP IN THE AIR.

SO THAT'S AN EXAMPLE OF A BUILDING THAT'S ELEVATED.

AND SO YOU YOU USE THE WORD FLOOD ZONE VERSUS FLOODPLAIN VERSUS FLOODWAY.

THEY'RE ALL TERMINOLOGY THAT THAT OVERLAP EACH OTHER.

SO FLOOD ZONE CAN.

SO WHEN YOU SEE ZONE 80, THAT'S A FLOOD ZONE AND THERE'S DIFFERENT TYPES AND THEN THERE'S TECHNICALLY FLOOD ZONE X, WHICH MEANS YOU'RE NOT IN A HAZARDOUS AREA.

SO ZONE 80 IS IT HAS A FLOOD FRINGE AND A FLOODWAY.

IT ALSO PROVIDES SPECIFIC.

WHAT THESE MAPS ALSO DO IS PROVIDE SPECIFIC ELEVATIONS THAT DICTATE WHERE DEVELOPMENT HAS TO BE ELEVATED TO.

OKAY. AND THIS PARTICULAR DRAINAGE THAT WE'RE LOOKING AT, WHICH IS WHICH IS IN THIS SECTION, IS A IS A FLOODPLAIN.

IT CONTINUES ON DOWN, I PRESUME, ALL THE WAY TO LIKE SINCLAIR WASH.

OR SOMETHING. THAT'S CORRECT.

AND MAYBE IT'S NOT A FLOODPLAIN THE WHOLE WAY.

MAYBE IT IS. I DON'T KNOW.

BUT IN THIS SECTION OF IT, IT IS A FLOODPLAIN.

SO IT'S A FLOODPLAIN THE WHOLE WAY THIS SECTION HAPPENS TO BE DESIGNATED AS RURAL, WHERE ALL OF THE SECTIONS TO THE NORTH AND TO THE SOUTH ARE DESIGNATED AS URBAN. OKAY, I'LL LEAVE IT AT THAT.

I'M GOING TO ASK.

I'M NOT SURE WHO CAME FIRST.

I'LL ASK COMMISSIONER NORTON.

WERE YOU FIRST? I THINK SO.

OH, THANKS. I JUST WONDERED.

I WILL HAVE SOME ADDITIONAL COMMENTS, BUT I WAS WONDERING IF THERE WAS ANYBODY FROM THE PUBLIC OR FROM CITY STORMWATER PRESENT THAT WOULD.

I'D LIKE TO HEAR ANY MORE INPUT FROM PUBLIC COMMENT.

AND I KNOW WE HAD STORM WATER PEOPLE WITH US AT THE WORK SESSION.

I REGRET THAT WE DIDN'T ASK TO HEAR FROM THEM.

I JUST WONDERED IF THERE WAS ANY FURTHER INPUT FROM THEM AS WE CONTINUE OUR DISCUSSION.

THANKS. THAT'S A GREAT SUGGESTION.

IF THERE'S ANYONE FROM THE CITY FIRST AND THEN LET'S GO TO PUBLIC COMMENT.

SO BECAUSE THERE WASN'T ANY DIRECT COMMENTS FOR THEM OR QUESTIONS FOR THEM THE LAST TIME AROUND, I THEY UNFORTUNATELY WERE BUSY FOR THIS MEETING AND SO I DON'T HAVE THEM AVAILABLE.

BUT I WILL TELL YOU THAT THEY FELT CONFIDENT WITH ME PRESENTING THIS INFORMATION TO YOU.

SO IF THERE'S SPECIFIC QUESTIONS YOU HAVE IN TERMS OF STORMWATER REGULATIONS IN CASE IT EVER HELPS YOU, I WAS A CERTIFIED FLOODPLAIN MANAGER AT ONE POINT IN TIME.

THIS IS KIND OF LIKE A SECRET WEIRD LOVE OF MINE, BUT I'M NOT I'M NOT A CFM ANYMORE, SO I CAN DO MY BEST TO ASSIST.

AND IF THERE'S SOMETHING I CAN'T ANSWER FOR YOU, I'LL TRY TO GET THE ANSWERS.

[00:45:04]

WELL, MAYBE YOU COULD ADDRESS THE.

AND THIS CAME UP IN ONE OF THE PUBLIC COMMENTS, ONE OF THE EMAILS THAT WAS ATTACHED TO OUR PACKET.

THERE WAS A COMMENT ABOUT WATERSHED AREAS SHOULD THE AREA NORTH BECOME A FIRE SCAR.

BECAUSE I THINK, AS WE'VE LEARNED IN THE LAST TWO YEARS FROM THE FIRE EXPERTS, IT'S NOT AN IF IT'S A WIN THAT THESE AREAS WILL POTENTIALLY BURN.

AND IF THAT IS A FLOOD OR IF THAT IS A WATERSHED AREA FROM A FIRE SCAR, HOW IS HOW IS SCHWEITZER CANYON AND THIS FLOODPLAIN POTENTIALLY BE AFFECTED? THANK YOU. I DID ACTUALLY HAVE THIS CONVERSATION WITH STORMWATER.

SO THE WATERSHED THAT SITS ABOVE SWEITZER WASH IS MUCH SMALLER THAN THE WATERSHEDS THAT HAVE IMPACTED NOW BOTH COCONINO ESTATES AND THE NEIGHBORHOOD BEHIND SAFEWAY.

SO THAT'S ONE THING IN THIS FAVOR.

SO EVEN IF THERE WERE A FIRE, THE IMPACT SHOULD BE LOWER BECAUSE THE WATERSHED IS SMALLER THAN THOSE OTHER IMPACTED WATERSHEDS.

BUT THAT DOESN'T MEAN THAT THIS AREA IS FREE AND CLEAR.

AND WE KNOW THAT THE ISSUE AT HAND HERE IS THAT IF THIS AREA REMAINS IN RURAL FLOODPLAIN, THE CITY CANNOT GO IN AND DO WORK WITHIN THIS CHANNEL TO MAKE IMPROVEMENTS, IF NECESSARY, TO ADDRESS WITH UNEXPECTED OR DRAINAGE FLOWS FROM A FIRE.

THANK YOU. CAROL.

DO YOU WANT TO WAIT AND SEE IF THERE'S ANY COMMENT OR DO YOU WANT TO JUST GO AHEAD? I JUST WANTED TO GO AHEAD BECAUSE PART OF I WAS GOING TO ASK ALEX MARTINEZ TO RESTATE WHAT HE STATED, BUT I THINK YOU JUST RESTATED THAT MY CONCERN.

I LIVE NEAR.

LINDA VISTA, WHERE I THINK IT'S PART OF THE RIO DE FLAG THAT COMES BY.

AND WE HAVE THAT ONCE IN A HUNDRED YEAR STORM RIGHT OVER SWISS MANOR.

AND IT FLOODED THE NEIGHBORHOOD, PARTS OF A FEW PARTS OF OUR NEIGHBORHOOD.

BUT IT REALLY IMPACTED, I THINK IT WAS STEVE'S BOULEVARD.

AND AS YOU CAN RECALL, A CAR WAS WASHED DOWN THERE, HIT A GARAGE THAT WAS ON LOCK IT.

I JUST I'M WONDERING WHAT THE.

SO WHAT YOU'RE SAYING IS IF SOMETHING LIKE THAT WERE TO HAPPEN IN THIS CHANNEL, AS IT CURRENTLY IS A RURAL FLOODPLAIN, THERE IS NOTHING THAT THE CITY COULD DO.

IF SOMETHING LIKE THAT HAPPENED TO WARD OFF HAVING THAT HAPPEN AGAIN.

BUT IF WE DESIGNATE IT AN URBAN FLOOD PLAIN, THE CITY CAN GO IN AND MAKE CHANGES.

IS THAT. CORRECT.

WITH THE PROPERTY OWNERS PERMISSION? YES. OKAY.

THANK YOU. WELL IN.

AND. I GUESS, YOU KNOW, IF YOU READ THE ARIZONA DAILY SUN, PROBABLY IN THE SPRING, THEY WERE DOING STORIES ABOUT HOW THEY WANTED AT THAT.

IT WAS PROBABLY 75 YEARS AGO, 50 YEARS AGO, HOW THEY WERE TALKING ABOUT MAKING THIS.

COME INTO A LAKE SCHWEITZER.

THE SCHWEITZER MESA SCHWEITZER CANYON.

WATERWAY. AND THEN THAT'S MY CONCERN.

WOULD IT COULD IT GET THAT MUCH WATER? THAT DOWNSTREAM.

WE'LL TALK ABOUT WHERE IT MEETS.

WHAT IS THE FOREST? NOT FOREST. NOT TURQUOISE OR EVEN BELOW.

COULD THAT BECOME FLOODED AND WOULD THIS URBAN DESIGNATION HELP? PREVENT FUTURE FLOODS.

SO THIS AREA BEING IN A FLOODPLAIN AND THE AREAS AGAIN TO THE NORTH, NORTH OF FOREST AND THEN TO THE SOUTH ACROSS TURQUOISE ARE ALL ALL ARE ALL SUBJECT TO A FLOODPLAIN, IN THIS CASE TO THE NORTH AND TO THE SOUTH.

THEY'RE URBAN, SO THEY'VE ALREADY HAD A LOT MORE INFRINGEMENT BY DEVELOPMENT.

[00:50:02]

SO AS YOU SEE THAT DEVELOPMENT ALONG THE THE SCHWEITZER CANYON ROAD, THERE'S A THERE'S A WHOLE SERIES OF DEVELOPMENT IN THERE.

AND YOU DO HAVE A FLOODPLAIN RUNNING BEHIND UP TOWARDS THE NORTH.

IT MEANDERS MORE THROUGH CITY PROPERTY AND SOME OPEN SPACE AREAS.

BUT IT ALSO DOES GO THROUGH, I BELIEVE, THE TOWNHOME DEVELOPMENT JUST TO THE NORTH ON THE OTHER SIDE OF FOREST.

SO DEVELOPMENT IN AND OF ITSELF, WHETHER SOMETHING IS URBAN OR RURAL WOULDN'T NECESSARILY CHANGE OR MAKE IT BETTER AND UNDER A SET OF NORMAL CIRCUMSTANCES IF.

RIGHT. IF A IF THE IF THE IF THE STORM COMES, IT'S A YOU HAVE A 1% CHANCE IN ANY GIVEN YEAR THAT YOU WILL BE INUNDATED. AND THEN THE AREA THAT IS DELINEATED IS THE AREA THAT'S EXPECTED TO BE DELINEATED WHEN WE ARE SEEING FLOODING GO OUTSIDE OF THE LIMITS THAT THE AREA IS DELINEATED.

IT'S WHEN WE'RE HAVING EVENTS THAT ARE MUCH LARGER THAN A 100 YEAR FLOOD EVENT, WHICH IS WHAT THESE MAPS ARE SHOWING.

THIS IS WHAT WOULD HAPPEN IN A 100 YEAR FLOOD EVENT.

WE'RE NOW SEEING EVENTS THAT ARE MORE LIKE 500 YEAR EVENTS.

YOU KNOW, THERE'S SOME PRETTY INTENSIVE THINGS GOING ON IN THE ENVIRONS.

WHAT WE SAW, THE FLOODING EVENT THAT THAT YOU'RE BRINGING UP WAS ALSO PART OF THE IMPACT OF A WILDFIRE.

IT'S AND AND A LOT OF DIFFERENT CIRCUMSTANCES COMING ALL TOGETHER AT ONCE AND AND A HEAVY INUNDATION OF RAIN.

SO SIMPLY CHANGING THE DESIGNATION FROM URBAN TO RURAL WON'T SOLVE FLOODING ISSUES.

IT COULD MAKE IT POSSIBLE IF WE NEEDED TO GO IN TO DO WORK.

SO ONE OF THE THINGS THAT'S BEEN DONE TO HELP WITH THE PROPERTIES ON THE WEST SIDE OR OVER IN COCONINO ESTATES IS A VERY LARGE DETENTION BASIN HAS NOW BEEN BUILT ON LAND THAT WE PREVIOUSLY OWNED AS OPEN SPACE AND THAT AREA HAS BEEN PHYSICALLY ALTERED FROM WHAT IT WAS.

A LOT OF TREES HAVE BEEN REMOVED, A LOT OF THINGS HAVE HAPPENED SO THAT WE CAN TRY TO PROTECT BECAUSE OF THAT WILDFIRE AND THAT MITIGATION.

THAT'S THE TYPE OF WORK THAT SHOULD NEED TO IF IT SHOULD NEED TO HAPPEN, CAN'T HAPPEN WITHIN A RURAL FLOODPLAIN UNDER THE EXISTING DESIGNATION.

OKAY. THANK YOU.

OKAY. I'M GOING TO TAKE A MOMENT TO SEE IF THERE ARE ANY PUBLIC COMMENTS.

IF YOU WOULD LIKE TO MAKE A PUBLIC COMMENT, COULD YOU RAISE YOUR HAND OR I GUESS THAT'S THE BEST WAY.

I DON'T SEE ANY HERE AT THE MEETING.

I DO WANT TO LET YOU KNOW, MARIE, THAT THAT THE NEIGHBORS HAVE A PETITION GOING TO CITY COUNCIL ON OCTOBER 18TH IN REGARDS TO THE ZONING CODE TEXT AMENDMENT.

SO I DON'T KNOW IF THERE'S CONFUSION ON THEIR END ABOUT HOW TO PARTICIPATE AT A PUBLIC HEARING OR NOT WANTING TO PARTICIPATE AT A PUBLIC HEARING.

THE PUBLIC HEARING FOR THIS FOR CITY COUNCIL WILL BE ON NOVEMBER 1ST.

OKAY. SO I JUST I DON'T KNOW IF THAT'S WHY FOLKS AREN'T IN ATTENDANCE, BUT I JUST WANTED TO LET YOU KNOW THAT.

WELL, WE DID, OF COURSE, GET EMAILS AND LETTERS THAT YOU PASSED ALONG, SO EVERYBODY'S HAD A CHANCE TO READ THOSE.

AND COMMISSIONER NORTON.

YEAH, I WAS KIND OF HOPING THAT MAYBE SOME OF THE PEOPLE THAT HAD WRITTEN EMAILS MIGHT HAVE BEEN ON HERE TO TO CHIME IN.

I FOUND THEIR EMAILS AND THEIR COMMENTS VERY, VERY, VERY HELPFUL.

I'VE JUST GIVEN THIS A LOT OF A LOT OF CONSIDERATION IN TIME AND THOUGHT.

AND NOT ONLY DO I DRIVE BY IT SEVERAL TIMES A WEEK, BUT I'D STOPPED AND PARKED AT THE YMCA PARKING LOT AND THE NORTHERN ARIZONA HEALTH CARE MEDICAL OFFICES UP AT THE TOP OF THE CANYON, AT TURQUOISE AND FOREST.

AND SOME OF THOSE PUBLIC COMMENTS, YOU KNOW, GOT ME DIGGING A LITTLE DEEPER INTO THE REGIONAL PLAN MAP AND ALL THAT, WHICH I APPRECIATED STAFF ADDING IN THOSE MAPS INTO OUR PACKET AND ALSO ANSWERING SOME OF THOSE QUESTIONS THAT WE HAD LAST TIME DURING OUR WORK SESSION.

IT JUST SEEMS LIKE.

ON A RURAL FLOODPLAIN SINCE UTILITIES AND ROADWAYS ARE ADDED.

IF THOSE ELEMENTS HAVE BEEN ADDED OVER THE LAST SEVERAL DECADES AS, AS TIFFANY INDICATED, WHETHER THERE WERE SOME

[00:55:02]

CARELESSNESS OR LACK OF CLEANUP.

OR THINGS THAT WEREN'T PERMITTED.

IT JUST SEEMS LIKE THERE WAS A LOT OF WRONGS.

BUT IT DOESN'T MAKE IT RIGHT TO OVERTURN THIS DELINEATION FROM RURAL TO URBAN.

SO I HAD I TAKE ISSUE WITH THAT ONE.

AND THEN ON THE REGIONAL PLAN MAP, THIS, IN LOOKING AT THE SIGNIFICANT NATURAL RESOURCES, THE AREAS THAT ARE OUTLINED, THERE ARE EVERYTHING ALONG THE RIO TO FLAG WALNUT CANYON AND SCHWEITZER CANYON.

AND THAT THAT MEANS TO ME THAT MEANS A LOT WHEN REGIONAL PLAN 2030 WAS DONE, YOU KNOW WHAT SEVEN YEARS AGO WAS MAYBE WHEN THAT WAS ADOPTED.

I MEAN, OBVIOUSLY THIS WAS AN AREA THAT WAS STILL DEEMED A SIGNIFICANT NATURAL RESOURCE, AND I DON'T THINK THAT SHOULD BE IGNORED.

AND I, EVEN THOUGH I HAD A LOT OF QUESTIONS ABOUT THE DEVELOPMENT OF WHAT WOULD HAPPEN, I DO COMPLETELY UNDERSTAND THAT WE'RE NOT TALKING ABOUT THIS DEVELOPMENT BECAUSE IF THIS IF WE OVER TURN THIS FROM RURAL TO URBAN, YOU KNOW, THE LANDOWNER, THE ORIGINAL APPLICANT DOESN'T HAVE TO BUILD THOSE TOWNHOMES. THEY CAN CHANGE DIRECTION.

AND IT ALSO FREES UP, I THINK, DEVELOPMENT OPTIONS FOR ALL THE OTHER PARCELS THAT MIGHT MAKE THEM MORE ATTRACTIVE TO SELL.

WE'LL WE'LL NORTHERN ARIZONA EVEN HOLD ON TO THEIR PARCELS UP AT THE TOP IF THE HOSPITAL MOVE DOESN'T GO THROUGH.

SO THOSE THESE ARE QUESTIONS THAT ARE GOING TO POTENTIALLY CHANGE THAT ENTIRE CANYON.

SO THOSE ARE THOSE ARE THE THINGS THAT THAT I'M TAKING ISSUE WITH, WHICH REALLY CHALLENGES PRETTY MUCH ALL THREE FINDINGS.

AND I CAN GO INTO MORE DETAIL WHEN WE VOTE IF NECESSARY.

BUT THAT'S THIS IS WHERE I'M HEADED.

SO I JUST WANTED TO JUST SHARE THOSE COMMENTS.

THANKS. WELL, THANK YOU.

I FIND THIS ONE REALLY DIFFICULT BECAUSE AND WHEN I TRY TO LOOK INTO WHAT IT IS EXACTLY THAT I'M DECIDING ABOUT.

IT. IT KIND OF IN SOME WAYS GOES AGAINST MY OWN PHILOSOPHY.

BUT BECAUSE LOOKING AT THIS PIECE OF FLOODPLAIN, IT IT REMAINS LARGELY INTACT.

THE THE PART THAT IT'S NOT A TRUE SORT OF NATURAL AREA LIKE MANY THAT WE HAVE AROUND TOWN.

RIGHT IN IN CITY LIMITS.

BUT IT HAS BEEN OPEN FOR SOME TIME.

AND IN ALL OF PEOPLE'S MEMORIES WHO HAVE LIVED THERE, WHO HAVE BUILT THEMSELVES, BUILT THERE OR MOVED INTO PLACES THAT HAD BEEN BUILT THERE, IT HAS BEEN OPEN SPACE. AND I CAN REALLY RELATE TO WHAT A DISAPPOINTMENT THAT IS TO SEE THINGS CHANGE.

I MEAN, I SEE IT MYSELF.

I'M LOOKING ACROSS THE STREET AT A FIVE STORY HOUSE THAT KIND OF BLOCKS A FIVE STORY BUILDING, THAT KIND OF BEING BUILT THAT MORE OR LESS BLOCKS OUT MY VIEW TO THE SOUTH. BUT IT'S BUILT BY RIGHT AND IT'S FOLLOWED ALL OF THE ZONING REGULATIONS.

AND SO I FIND THAT IF I VOTE AGAINST THIS, WHAT I'M REALLY VOTING FOR IN MY MIND IS THE IDEA THAT PLACES THAT HAVEN'T BEEN DEVELOPED SHOULDN'T, SHOULDN'T DEVELOP.

AND I HONESTLY, I FEEL THAT WAY, BUT I DON'T FEEL LIKE AS A COMMISSIONER, I CAN MAKE THAT DECISION.

SO AND THE RATIONALE FOR ESPECIALLY WHEN THE LAND TO THE NORTH AND TO THE SOUTH OF THAT ARE ALL URBAN FLOODPLAINS.

AND IN FACT, THERE'S URBAN FLOODPLAIN THROUGHOUT THE WHOLE CITY, THAT THIS ONE PARCEL HAS SOME KIND OF GREAT SIGNIFICANCE OTHER THAN PEOPLE BEING HAVING HAD IT OPEN FOR SOME TIME.

I DON'T SEE THE EVIDENCE FOR THAT.

I REALLY DO.

I DO REGRET THE LOSS OF WILDLIFE HABITAT.

THERE IS STILL A CORRIDOR THERE.

SO I FIND I HAVE TO LEAN IN SUPPORT OF IT, EVEN THOUGH THERE ARE THINGS THAT I REALLY APPRECIATE ABOUT THE ARGUMENTS AGAINST IT.

AND I REALLY APPRECIATE HEARING FROM EVERYBODY.

[01:00:01]

SO THANK YOU. YOUR COMMENTS AND QUESTIONS ARE REALLY GOOD.

COMMISSIONER MANDINO SO MARIA, I AGREE WITH YOUR COMMENTS AND THAT'S MY DIFFICULTY AS WELL, AND THAT'S WHY I WANTED ALEX TO MAYBE ALEX MARTINEZ TO REPEAT WHAT HE SAID EARLIER.

AND THAT'S THE ONLY THING THAT'S MAKING THE DIFFERENCE TO ME IS THAT.

SOMETHING. THE CITY WOULD BE ABLE TO REACT TO SOMETHING IF SOMETHING HAPPENED.

AND I WANT TO MAKE SURE THAT I'M UNDERSTANDING THAT CORRECTLY.

AND THAT'S THE DIFFERENCE BETWEEN THE URBAN WELL, TO ME THERE'S MORE DIFFERENCES, BUT TO ME, THAT WOULD BE.

THE DIFFERENCE IT WOULD MAKE TO ME.

SO I'D REALLY LIKE TO HEAR FROM ALEX AGAIN.

AND I SEE HIS HAND UP, SO I'M GOING TO LOWER MINE AND GET OFF HERE AND LET HIM REPEAT HIMSELF.

WHAT? I'M SORRY.

THERE YOU GO. I LEFT OUT A COMMENT, AND, YOU KNOW, I CAN APPRECIATE ALL THIS AS WELL.

AND LOOKING AT WEATHER PATTERNS AND WE CAN'T PREDICT FIRES.

AND WE'RE HAVING 500 YEAR.

EPISODES WELL BEFORE THE 500 YEARS.

THERE ARE A LOT OF QUESTIONS INVOLVED, BUT IN THE COMMENTS MADE REGARDING ADDITIONAL OPEN SPACE AND WHAT WE WOULD LIKE TO SEE. THEY'RE REALLY SUPERFLUOUS TO THE CONVERSATION AND NOT OF THE AUTHORITY AND THE PURVIEW OF THE PLANNING AND ZONING.

SO CAN YOU STATE WHAT YOU STATED BEFORE, THOUGH? SURE. I'M GOING TO ASK YOU.

I WROTE MY NOTES, SO I'M GOING TO SQUINT BECAUSE I DIDN'T BRING MY READING GLASSES.

SO BEAR WITH ME.

OKAY. WHAT I STARTED OFF WITH IS THAT THIS IS A DISCUSSION ABOUT A TEXT AMENDMENT.

THIS IS NOT A DEVELOPMENT AGREEMENT WHERE ADDITIONAL ASKS CAN BE MADE.

WE'RE HERE TO ASSESS A DEFINITION.

IF THIS IS A RURAL FLOODPLAIN OR AN URBAN FLOODPLAIN, THAT'S REALLY THE QUESTION.

THE IMPORTANT YOU KNOW, AN IMPORTANT PART TO REMEMBER IS THE REAL FLOODPLAINS.

CAN'T BE TOUCHED FOR ANY FLOOD MITIGATION IMPROVEMENTS WHILE URBAN FLOOD PLAINS.

DESIGNATIONS CAN.

IT'S TYPICALLY STATED ALL THIS ALREADY, AND NINE WATERSHEDS HAVE BEEN COMPROMISED IN THE LAST THREE YEARS.

AND IF THIS IS IF THIS WASH IS COMPROMISED, THE CITY CAN'T DO ANYTHING ABOUT IT UNLESS IT'S DESIGNATED AS AN URBAN FLOODPLAIN.

SO THIS TEXT AMENDMENT WILL HELP PROTECT PROPERTIES IN THE SURROUNDING AREA.

I MEAN, THOSE ARE MY FEELINGS AND THAT'S MY PERCEPTION, WHICH IS MY REALITY.

I JUST. THANK YOU FOR STATING THAT, BECAUSE THAT REALLY HELPS ME.

EXCUSE ME, ALEX, CAN I ASK YOU AGAIN? I WAS A LITTLE BIT CONFUSED.

AND YOU'RE SAYING THAT THE TEXT AMENDMENT WOULD BE A PROTECTION TO RESIDENTS IN THE AREA? YEAH. YES. LET ME MAKE A FINAL STATEMENT BEFORE THE TEXT CHAIN.

TEXT AMENDMENT WILL HELP PROTECT PROPERTIES I FEEL IN THE SURROUNDING AREA.

OKAY, VERY GOOD.

I'M. I'M REALLY GLAD YOU REPEATED THAT, BECAUSE I WAS I WAS A LITTLE BIT CONFUSED BEFORE, AND THAT'S REALLY HELPFUL.

WELL, THERE'S A LOT OF INFORMATION HERE.

AND, YOU KNOW, THERE ARE PREDICTIONS THAT WE CAN WE CAN MAKE WITHOUT ANY CERTAINTY.

YEAH. AND I WONDER, TOO, IF SOMEBODY IS BUYING.

I MEAN, THERE'S NO WAY TO GET THIS INFORMATION PROBABLY RIGHT NOW.

BUT IF SOMEBODY IS BUYING FLOOD INSURANCE AND LIVES ALONG THAT THAT DRAINAGE.

DOES IT MAKE A DIFFERENCE WHAT KIND OF FLOOD INSURANCE THEY CAN GET IF THEY'RE BACKED UP TO A RURAL FLOODPLAIN VERSUS BACKED UP TO AN URBAN FLOODPLAIN? I LIVE IN A FLOODPLAIN, AND THAT'S THE QUESTION I HAVE.

I DON'T KNOW IF ANYBODY HAS AN ANSWER TO THAT FROM STAFF, BUT OR HAS EVER HEARD AN ANSWER TO THAT.

AT ANY RATE. DID YOU WANT ME TO ANSWER, MARIE? OH, YES, THANKS.

THE ANSWER WOULD BE THAT THE URBAN AND RURAL FLOODPLAIN DESIGNATIONS ARE ENTIRELY A CITY DESIGNATION, AND THEY'RE NOT A FEMA DESIGNATION.

FEMA MAPS ARE WHAT SET THE FLOOD RATES OR FLOOD INSURANCE RATES.

SO I'M NOT AWARE OF ANY SITUATION WHERE RURAL VERSUS URBAN HAS DELINEATED THE DIFFERENCE IN THE FLOOD INSURANCE RATE.

OKAY, GREAT. I'VE SEEN OTHER NAMES SHOW UP IN THE CHAT, AND I WANT TO MAKE SURE WE'RE NOT MISSING ANYBODY FROM THE PUBLIC. IS THERE ANYBODY FROM THE PUBLIC WHO WISHES TO SPEAK?

[01:05:01]

I DON'T SEE ANY HANDS GOING OUT.

COMMISSIONER NORTON, THANKS.

I REALLY APPRECIATE THIS ADDITIONAL INFORMATION ABOUT THE MITIGATION THAT MIGHT HAPPEN OR COULD HAPPEN IF IT WERE URBAN VERSUS LEAVING IT AS RURAL.

CAN SOMEONE EXPLAIN IF IT REMAINS RURAL AS IT IS RIGHT NOW, AND WE DO HAVE FLOODING AND DEBRIS AND THINGS LIKE THAT THAT WE'VE SEEN ELSEWHERE? WHAT DOES HAPPEN AT THAT POINT? I DON'T THINK IT'S A QUESTION I CAN ANSWER, BECAUSE I THINK THE ANSWER IS IT DEPENDS.

OKAY. I MEAN, IF DEVELOPMENT IS ALLOWED.

LET'S SAY LET'S SAY THIS APPLICANT PROCEEDS WITH THEIR PROPOSED DEVELOPMENT AND THEY BUILD THESE TOWNHOMES.

YOU EXPLAIN AT OUR WORK SESSION THAT THERE'S ONE BUILDING OF THAT TYPE PRECEDES.

THERE'S DRAINAGE THAT HAS TO BE PROVIDED IN THE GARAGE.

THAT'S THE REASON THAT THE GARAGES ARE AT GROUND LEVEL, ETC..

I GUESS I AM STRUGGLING WITH THE THE PROS AND CONS OF EACH.

YOU KNOW, YOU ALLOW THE DEVELOPMENT, THERE'S A FLOOD AND YOU'RE CLEANING UP HOUSES AND GARAGES AND STREETS LIKE WE'VE SEEN ELSEWHERE.

VERSUS NOT POTENTIALLY ALLOWING THIS TYPE OF DEVELOPMENT TO ENCROACH ON THE FLOODWAY.

YOU DON'T HAVE THOSE PROBLEMS. BUT WHAT HAPPENS TO THIS FLOODWAY? LEFT AS RURAL WHEN THERE IS A FLOOD.

THAT'S WHAT I'M STRUGGLING. I DON'T KNOW IF THERE'S THERE'S AN ANSWER TO THAT QUESTION.

IF IT'S EVEN A QUESTION.

IT'S JUST WHAT I'M STRUGGLING WITH AT THE MOMENT.

SO I JUST WANTED TO VOICE IT AND SEE IF THERE WAS ANY FURTHER GUIDANCE.

I DON'T KNOW THAT I HAVE ANY FURTHER GUIDANCE.

I GET WHERE YOU'RE AT, THOUGH.

I 100% GET WHERE YOU'RE AT, AND THERE'S JUST NO EASY WAY TO SAY IT.

RIGHT. SO.

WITH RURAL FLOODPLAIN, THEY CAN'T ENCROACH ON IT.

IT REDUCES THE RISK AUTOMATICALLY TO ANYTHING THAT'S BUILT ON THE PROPERTY.

WHERE IF IT BECOMES URBAN AND THEY ENCROACH ON THE FLOOD FRINGE, THEY MIGHT BE INCREASING THEIR RISK.

BUT THEN THEY HAVE TO MEET SPECIFIC DEVELOPMENT STANDARDS.

SO HERE'S THE THING IS, IF YOU BUILD OUTSIDE JUST ADJACENT TO THAT FLOODPLAIN, YOU'RE NOT REQUIRED TO MEET THOSE STANDARDS.

SO ARE YOU STILL AT RISK? IT'S NOT AN EASY QUESTION TO ANSWER.

AND THE FEMA MAPS AREN'T ALWAYS RIGHT, BECAUSE THERE ARE A LOT OF PROPERTIES THAT HAVE BEEN FLOODED THAT AREN'T IN FLOOD ZONES.

OKAY. THANK YOU.

WELL, I DON'T SEE ANY MORE HANDS UP, AND I THINK WE'RE READY FOR A MOTION. I WOULD SAY SORRY, I DIDN'T MEAN TO INTERRUPT.

PLEASE, COULD I ASK, CAN I MAKE A REQUEST TO THIS BE A ROLL CALL VOTE? THAT'S FINE WITH ME. OKAY.

THANKS. SO.

IF THERE ISN'T ANYONE ELSE WHO WANTS TO MAKE A MOTION, I WILL MAKE ONE.

THIS IS THE MOTION FOR PC 2100021, WHICH IS A ZONING CODE TEXT AMENDMENT REGARDING THE RULE TO CHANGE THE RURAL FLOODPLAIN MAP.

AND. I MOVE THAT THE PLANNING AND ZONING COMMISSION, IN ACCORDANCE WITH THE FINDINGS PRESENTED, RECOMMEND TO CITY COUNCIL FOR APPROVAL OF THIS TEX CODE AMENDMENT.

AND ARE THERE ANY SECONDS? REAL SECOND.

THANK YOU. AND IS THERE ANY FURTHER DISCUSSION BEFORE WE VOTE? SO IF NOT ALL THOSE IN FAVOR OF THE MOTION, PLEASE SAY I.

WELL, HE ASKED FOR.

SO IF YOU DO THAT, MARIE.

[01:10:04]

YES. SEVERAL.

YES. WITH RESERVATION.

BOB HARRIS. YES.

ALEX MARTINEZ.

YES. MARY NORTON.

NO. AND I WILL GIVE MY REASONINGS.

I'M GOING TO I'M GOING TO STICK WITH MY MY GUT FEELING AND MY REASONINGS ON THESE WITH REGARD TO.

FINDING ONE BEING THAT IT'S IDENTIFIED AS A SIGNIFICANT NATIONAL RESOURCE IN THE REGIONAL PLAN, FINDING TO THAT THERE'S PUBLIC INTEREST CONCERNS AND POTENTIALLY, YOU KNOW, SAFETY AND WELFARE.

AND THEN IN IN FINDING THREE.

I WAS TAKING ISSUE WITH THE INTERPRETATION OF WHETHER THE SITE HAD BEEN PREVIOUSLY CHANGED ENOUGH TO TRANSITION FROM URBAN BY DEFINITION SINCE UTILITIES AND ROADWAYS ARE ALLOWED IN A RURAL FLOODPLAIN DESIGNATION.

SO THOSE ARE MY THOSE ARE MY REASONING.

THANK YOU. WELL, THANK YOU.

THAT MOTION PASSES AND I JUST REALLY APPRECIATE THE DISCUSSION ON THIS AND AND THE CONCERN FOR THE DETAILS ON IT.

THIS IS A TOUGH ONE. WE HAVEN'T HAD ONE THIS TOUGH FOR A WHILE.

SO THANK YOU VERY MUCH FOR ALL YOUR WORK ON IT AND THE STAFF.

THANK YOU FOR YOUR WORK AND TIFFANY FOR COMING BACK WITH A LOT MORE INFORMATION.

AND YOU KNOW, FOR ALL YOUR OWN NERDY INTEREST IN THIS SUBJECT.

THANK YOU. I KNOW THAT THAT WAS A HARD DECISION, BUT I APPRECIATE ALL YOUR TIME AND EFFORT INTO IT.

AND MARY, I REALLY APPRECIATE YOU GOING THROUGH THE FINDINGS OF YOUR.

NO. YOU'RE WELCOME.

THANKS. SO THAT THAT CLOSES OUR PUBLIC HEARING.

AND DO WE HAVE ANY INFO FROM STAFF OR FROM THE COMMISSION COMMISSIONERS?

[6. MISCELLANEOUS ITEMS TO/FROM COMMISSION MEMBERS]

JUST GO AHEAD AND SPEAK UP IF YOU HAVE ANYTHING.

THIS IS COMMISSIONER NORTON.

I WAS JUST WONDERING IF THERE'S A NEW ETA ON THE UPDATE TO THE DEVELOPMENT STATUS REPORT.

I KNOW THE LAST TARGET WAS END OF SEPTEMBER.

JUST WONDERING IF IF IT'S FORTHCOMING SOON.

THANKS, MARY.

LET ME CHECK WITH OUR PLANNING DIRECTOR AND GET BACK TO YOU ON THAT.

OKAY. THANK YOU.

OKAY. OKAY.

ANYTHING ELSE? IF NOT, DID WE DID WAS THERE A.

WILL THERE BE A MEETING BEFORE THANKSGIVING OR DID ENOUGH PEOPLE? I DON'T KNOW WHICH WAY PEOPLE WERE SEEING IF THEY WOULD BE HERE OR NOT.

FROM WHAT I RECALL, AND I DON'T HAVE MY NOTES IN FRONT OF ME, BUT THERE'S I BELIEVE THERE'S A HIGH CHANCE WILL CANCEL THAT MEETING, BUT INSTEAD HOLD THE MEETING THE PREVIOUS WEEK IF NECESSARY FOR FOR THE APPLICATIONS WE HAVE BEFORE US.

OKAY. THANK YOU.

SURE. I'LL CONFIRM THAT TO YOU.

I'LL TRY AND SEND OUT AN EMAIL TOMORROW, IF THAT WORKS.

THANKS VERY MUCH.

YEAH. OKAY, THEN.

THANK YOU. WE'RE ADJOURNED.

AND THANKS TO EVERYBODY FOR YOUR WORK.

THANK YOU ALL. HAVE A GOOD.

* This transcript was compiled from uncorrected Closed Captioning.