A Direct to Ordinance Zoning Map Amendment request from Snell & Willmer, LLP, on behalf of the applicant Atlantic Development & Investments, LLC to rezone approximately 13.96 acres located at 4631 S Lake Mary Rd from the Estate Residential (ER) zone within the Resource Protection Overlay Zone (RPO) to the High Density Residential (HR) zone within the RPO.

Staff recommends the Planning & Zoning Commission forward the request to the City Council with a recommendation approving PZ-21-00213-01, subject to the following four conditions which will be included into the zoning map amendment ordinance:

1. The subject property must be developed in accordance with the approved site plan and the conditions of approval dated December 22, 2022. Modifications (other than minor modifications) to the approved site plan will require an amendment to this Direct to Ordinance Zoning Map Amendment request.
2. All other requirements of the Zoning Code and other City codes, ordinances and regulations, shall be met by the proposed development.
3. All terms, conditions, and restrictions detailed within the “Lake Mary Housing Development Agreement” must be fully satisfied.
4. In the event the property is rezoned and the Developer 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 Estate Residential (ER) in accordance with A.R.S. § 9-462.01. Civil Plan approval will not be granted until the following conditions precedent are met:
   1. The Developer obtains the required approvals from the National Forest Service to locate the pressurized sewer line in National Forest Service property.
   2. The Flagstaff City Code is amended to allow the installation and connection of public pressurized sewer systems.