City Council Meeting - FINAL


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  8.A.       
Meeting Date: 02/02/2021  
From: Tiffany Antol, Planning Director

Information
TITLE:
Consideration and Adoption of Ordinance No. 2021-01:  An Ordinance of the City Council of the City of Flagstaff, amending the Flagstaff Zoning Map to rezone approximately 23.08 acres of real property generally located at 2701 S Woody Mountain Road, a portion of APN 112-01-019 from the Rural Residential (RR) zone to the Medium Density Residential (MR) zone with conditions, providing for severability, authority for clerical corrections, and establishing an effective date.
STAFF RECOMMENDED ACTION:
At the February 2, 2021 Council Meeting:
1) Hold the Public Hearing
2) Read Ordinance No. 2021-01  by title only for the first time
3) City Clerk reads Ordinance No. 2021-01 by title only (if approved above)


At the February 16, 2021 Council Meeting:
4) Read Ordinance No. 2021-01 by title only for the final time
5) City Clerk reads Ordinance No.2021-01 by title only (if approved above)
6) Adopt Ordinance No. 2021-01
Executive Summary:
Concept Zoning Map Amendment, by Vintage Partners, of approximately 23.08 acres located at 2701 South Woody Mountain Road from the Rural Residential (RR) zone to the Medium Density Residential (MR) zone.  The development site is already located within the Resource Protection Overlay (RPO).  The Planning & Zoning Commission held a public hearing on this request on January 13, 2020.  The Commission recommends that the City Council approve this request subject to the conditions as drafted by staff except for Condition #5 in a 4 to 3 vote.  
Financial Impact:
No financial impacts are anticipated with this request.
Policy Impact:
There are no policy impacts affiliated with this request.
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
Safe & Healthy Community
  • Support social services, community partners, and housing opportunities
Sustainable, Innovative Infrastructure
  • Facilitate and develop carbon-neutral energy opportunities
Robust Resilient Economy
  • Support and strengthen a more robust, diverse, and sustainable economy in ways that reflect community values and provides for affordable housing opportunities
Livable Community
  • Create a welcoming community through partnerships, resilient neighborhoods, and civic engagement
  • Provide amenities and activities that support a healthy lifestyle
  • Actively support attainable and affordable housing through City projects and opportunities with developers
Regional Plan
A complete analysis of the Regional Plan goals and policies can be found in the attached project narrative and Planning & Zoning Commission staff report dated December 31, 2020.
Has There Been Previous Council Decision on This:
There have been no prior Council Decisions made in regard to this application. 
Options and Alternatives:
The City Council may approve the ordinance as proposed, approve the ordinance with modified conditions, or deny the ordinance. 

Condition #5 was an important component to staff’s recommended finding of compliance with the Regional Plan.  The Planning & Zoning Commission had a discussion about the condition, and after considering the information provided by staff and the applicant did not adopt the condition. The applicant has agreed to construct a bicycle and pedestrian connection to the north and it is shown on the Concept Zone Plan.  As the northern portion of the parcel is rezoned and developed, or during the upcoming Regional Plan update, the appropriateness of maintaining an Urban Activity Center should be considered.  Without the vehicular connection it limits the ability of the northern parcel to meet the goals, policies, and area type characteristics of an Urban Activity Center as described in the Flagstaff Regional Plan. 

Planning and Zoning Commission's proposed conditions are as follows: 
  1. The subject property shall be developed in substantial conformance with the concept zoning plan and project narrative including but not limited to the density and intensity and general layout approved by the Inter-Division Staff (IDS) on December 23, 2020, with this request except as modified herein.
  2. Development of the MR zone shall be limited to the number of units (208) identified in the concept zone plan and used for the preparation of all impact analysis. There shall be no more than a 10% decrease in the total number of units identified in the concept zone plan.
  3. There shall be a minimum of 13 units per net acre within the Urban Activity Center designated portion of the property.Net density will not include civic space areas, open space areas, or dedicated right-of-way. All units will be counted toward this density.
  4. The civic space area as shown on the Concept Zone Plan shall be a high-quality public amenity as determined by the Comprehensive Planning Manager. The area as shown shall not have a depth greater than 3 feet from the adjacent grade.
  5. Vehicular and pedestrian cross access shall be preserved between the proposed residential land use within the MR zone and the future development located on the remainder of the parcel to the north. Access shall be provided at the time of development of the property to the north.The applicant can decide the location of the cross access, but the access does need to be provided with future site planning submittals.  The Planning & Zoning Commission recommended removing this condition.
  6. All fencing shown along either Woody Mountain Road or McAllister Ranch Road shall be located outside of the required setback for that street frontage. Breaks in the fencing shall be provided to allow pedestrian and bicycle access to the adjacent FUTS/sidewalk at several points along both frontages in addition to vehicular driveway locations. Final pedestrian and bicycle connections shall be determined at the site plan review.
  7. The front facades of the single-family 3-bedroom (two-story) units shall be redesigned to have front doors, fenestration, and porches that better incorporate walkable urban design principles and the design traditions of Flagstaff. Staff will approve an updated design at Site Plan. A comprehensive Planning review of the Site Plan will be required to ensure compliance with this condition.
  8. The Developer shall meet all City of Flagstaff stormwater, pre vs post retention, peak flow mitigation, Low Impact Development, and rainwater harvesting requirements per the approved drainage report and approved civil construction plans as required to ensure no additional impacts to nearby downstream properties subject to frequent flooding.  Pre vs post retention shall be volumetric retention for the 100-year, 24-hour storm event is required in lieu of a Drainage Impact Analysis.
  9. All other requirements of the Zoning Code and other City codes, ordinances, and regulations shall be met by the proposed development.
  10. All terms, conditions, and restrictions detailed within the “Sky Cottages at Timber Sky Development Agreement” must be fully satisfied, notwithstanding any expiration or termination of the Agreement.
  11. In the event the property is rezoned and the applicant fails to obtain final Civil Plan approval within two (2) years of the effective date of the rezoning ordinance, then the City may schedule a public hearing before the City Council for the purpose of causing the zoning on the Property to revert to the former classification of Rural Residential (RR) in accordance with A.R.S. § 9-462.01.
Background/History:
The applicant, Vintage Partners, is requesting a Concept Zoning Map Amendment to rezone approximately 23.08 acres of an existing 37-acre parcel from the Rural Residential (RR) zone to the Medium Density Residential (MR) zone located at 2701 South Woody Mountain Road.  This amendment would allow the development of a multi-family residential development consisting of between 199-208 dwelling units located within single and duplex bungalow and townhouse building types.  The concept plan provided currently shows 202 units. The Property is currently undeveloped land with a grouping of ponderosa pine trees left after the 2006 Woody Fire burned this site.  The property gently slopes away from Woody Mountain Road with no significant slope resources.
 
An applicant requesting an amendment to the Zoning Map may elect to pursue either a “Direct to Ordinance with a Site Plan” or “Authorization to Rezone with a Concept Zoning Plan” per Section 10-20.50.040.D of the Zoning Code.  The Direct to Ordinance with a Site Plan process requires the applicant to submit fully developed site plans with all supporting information required for site plan review concurrently with the Zoning Map amendment application.  Once the Zoning Map amendment is approved by the Council, then the applicant can proceed directly to the construction plan and building permit review.  The Authorization to Rezone with a Concept Zoning Plan process allows the applicant to prepare a concept zoning plan and pursue site plan application after Council approves the Zoning Map Amendment.  A Concept Zoning Plan should consist of a plan with proposed use(s), vicinity maps, context map, concept phasing, housing types if applicable and a proposed circulation map.  This means that staff has not reviewed building heights, development standards, landscape plans, outdoor lighting plans, signage plans, or architectural design standards for this project in a detailed and cohesive manner.  These reviews will only take place after the Zoning Map Amendment is approved.  Staff does not typically encourage the use of Concept rezonings on site-specific developments such as Sky Cottages.  Concept rezonings are best suited for large multi-phased developments such as Timber Sky or Canyon del Rio.
Key Considerations:
A draft development agreement, attached to this report, has been prepared and continues to be negotiated throughout the review of this project.  The primary purpose of this agreement is to set out roles and responsibilities regarding the following (not limited to):
  • Off-site sewer modifications
  • Dedication of right-of-way for Woody Mountain Road and McAllister Ranch Road
  • Southbound right-turn lane at Woody Mountain Road and Patio Del Presidio
  • Northbound left-turn lane at Woody Mountain Road and Patio del Presidio
  • A cash contribution for the traffic signalization at the intersection of Woody Mountain Road and Route 66
  • Materials management plan for enhanced recycling
  • All electric units (no natural gas)
  • Two on-demand electric vehicles for use by qualified residents
  • Three electrical vehicle charging stations
  • Bicycle parking including: 60 interior secured spaces, 60 covered secured spaces, and 6 uncovered, unsecured spaces
  • Smart home automations – climate control automation
  • Solar panels on a minimum of 20 units
  • Pollinator friendly landscaping
  • Crime Free Multi-Housing plan
  • Outdoor Lighting Plan exceeding Lighting Zone 1 Zoning Code requirements
Community Benefits and Considerations:
Community benefits and considerations related to this request are addressed in more detail in the attached Planning & Zoning Commission Staff Report, dated December 31, 2020.
Community Involvement:
Public hearings before the Planning and Zoning Commission and City Council are conducted in conjunction with requests for Direct to Ordinance Zoning Map Amendments.  In accordance with Arizona State Statute, notice of the public hearing was provided by placing an ad in the Arizona Daily Sun, posting notices on the property, and mailing a notice to all property owners within 1,000 feet (exceeding the minimum of 300 feet) of the site excluding rights-of-way.
 
The developer held two virtual neighborhood meetings using the Zoom platform regarding this case on September 21 and October 5, 2020.   Both meetings included a formal presentation followed by a question and answer session. Approximately 26 public members of the public attended the first meeting and approximately 22 members of the public attended the second meeting.  A Citizen Participation Report, attached, was prepared in response to the questions, comments, and concerns presented.  Comments on the project included the following topics: traffic impacts, tree resources, site grading adjacent to properties along the south property line, and the proposed density of the development.
 
Staff has received email comments from 11 members of the public as of the writing of this report.  All are in opposition to this case.  Copies of the correspondence are attached.
Attachments
Application
Legal Notice
Ord. 2021-01
Legal Description
P&Z Commission Staff Report
Concept Zone Plan Part 1 of 3
Concept Zone Plan Part 2 of 3
Concept Zone Plan Part 3 of 3
Project Narrative
Citizen Participation Plan
Emails from the Public
Additional Email recieved
Letter from Mountain Line
Draft Development Agreement


    

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