Minutes


A	Appeal of Approval by the Planning and Zoning Commission: the appeal of Conditional Use Permit PZ-18-00182-02. This appeal was requested by the Flagstaff City Council.

		THIS ITEM WAS CONSIDERED AS A PUBLIC HEARING Mayor Evans opened the public hearing. Planning Development Manager Neil Gullickson provided a PowerPoint presentation that covered the following: COMMONS AT SAWMILL APPEAL OF CONDITIONAL USE PERMIT PZ-18-00182-02, FOR A ROOMING AND BOARDING FACILITY COMMONS AT SAWMILL – CUP LOCATION MAP ROOMING AND BOARDING PREVIOUS ACTION CURRENT SITE FINDINGS RECOMMENDATION OPTIONS Vice Mayor Shimoni asked if there is a penalty or fine for the project being in violation for a number of years and the approximate total of the fine. Planning Director Tiffany Antol stated that it would be about $185,000 per year or about $1.8 million total. Senior Assistant City Attorney Christina Rubalcava added that there is no amount certain as it would have to be imposed by a judge. The numbers provided would be an estimate should the maximum daily fine had been assessed. Nick Woods with the Commons at Sawmill stated that when they purchased the project it had operated as a student housing project and they were not aware that it did not have or need a CUP. When city staff notified them of the CUP requirement, they began the process of applying. They are trying to do the right thing and did not know that they were out of compliance when they purchased. There is a pre-existing use that is not changing, and they know that there is no additional impact coming forward. The property has been student housing for the last ten years and there has not been an issue with parking. It is a combination of studios, two, and three bedrooms that are affordable for students in comparison to other larger student housing complexes. They will bring the development up to standard for landscaping and they are also entering into a bus pass program for two years. He asked that the Council uphold the decision of the Planning and Zoning Commission. Councilmember Whelan asked for them to consider increasing the two year bus pass program to five years. Mayor Evans agreed and also asked that if a residential parking district process be initiated that they participate. Councilmember McCarthy expressed concern about the lack of sidewalks in the areas and suggested that the addition of sidewalks in the immediate area be included in the agreement. Charlie Silver addressed Council stating that it is not fair to the City or taxpayers to be responsible for the applicant not doing their due diligence on the purchase of the property and its use. There should be a penalty for noncompliance. Mr. Woods stated that he does not disagree that when someone violates the law there should be penalties and his clients were not aware of this when they bought the property. As soon as they were made aware of the issue they began working to correct it. Ms. Rubalacava offered the addition of the language below to the CUP based on Council’s conversation: By signing the CUP, applicant consents to the installation of residential permit parking under any of the available configurations. Applicant will defer to the majority of the property owners in favor of the residential permit parking as to the specific parking configuration selected for the neighborhood; Applicant agrees to purchase eco-passes for all residents for five years. There being no further public comment, Mayor Evans closed the public hearing.

	Moved by Councilmember Jim McCarthy, seconded by Councilmember Jamie Whelan to affirm the decision of the Planning and Zoning Commission with the added stipulations that the owner will provide bus passes to residents for five years and support a parking district if brought forward by the adjacent neighborhoods. Mayor Evans stated that she will support the CUP because she is unable to make the findings necessary to not approve. She believes that it is an issue of equity for this particular neighborhood. There are loopholes that need to be closed sooner rather than later to better protect existing neighborhoods. Councilmember Aslan added that it was an important factor that the owner came forward with a willingness to meet the accommodations requested and acknowledged their willingness to discuss and find solutions.
	Vote: 6 - 0 - Unanimously

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