Consideration and Possible Adoption of Ordinance No. 2014-11:  An ordinance amending Ordinance No. 2000-11 by modifying the Zoning Map Designation of that property generally known as Pine Canyon, through the amendment of a general condition related to the public's overnight access to Pine Canyon.

The Flagstaff Planning and Zoning Commission conducted a Public Hearing to consider this modification of the Zoning Designation through the amendment of an underlying general condition at its regular meeting on April 23, 2014. The Planning and Zoning Commission voted (4-1) to forward the request to the City Council with a recommendation of approval.  Zoning map amendments are required to be adopted by ordinance.

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Effective governance

In October of 2013, the City Council approved an agreement with the applicant that commits the City to erect and maintain a directional sign at the intersection of Lake Mary Road and John Wesley Powell, staff support to amend the rezoning ordinance to modify the gated provision during night time and extends the developer's transportation improvement contribution.

The Public Hearing on this application was held on May 20, 2014, with not public input received.

The City Council may approve the ordinance as proposed, approve the ordinance with conditions, or deny the ordinance.

In June of 2000, the City Council approved a rezoning request (Ordinance 2000-11) and development agreement allowing the development of Pine Canyon, which includes a mixture of condominium, estate twin houses (duplex units), estate homes, clubhouse and recreational facilities, maintenance and storage facilities, and an 18-hole private golf course with accessory facilities, located on approximately 660 acres. The primary entrance to Pine Canyon is located at the intersection of Lone Tree Road and John Wesley Powell Blvd. 

General condition No. 8 of of Ordinance 2000-11 states “all private roads within the development remain open to the public and never gated.” The applicant, True Life Companies (TLC), is requesting a modification of this condition in order to allow the installation of gates at the primary entrance that would prohibit public access to Pine Canyon at nighttime. Pine Canyon has constructed a gate house at both the main and secondary entries; however, the secondary entry has been closed off for general entry or exit from the community. The main gate monitors all persons entering and exiting the community since installation. The guards at the main entry do not prohibit the public from entering the property, upon showing proof of insurance and having a valid driver’s license.

Zoning Map amendments are adopted by the City Council via ordinance.  Ordinance No. 2014-11 modifies general condition No. 8 of Ordinance 2000-11 from "All private roads within the development remain open to the public and never gated" to "All streets within Pine Canyon shall remain open to the public, without the use of a gate, from sunrise to sunset. Any means to restrict access to the streets of Pine Canyon may only be utilized from sunset to sunrise and never restrict emergency access."

There are financial considerations included within the agreement approved by the City Council in October 2013.

Community benefits and considerations related to this request are addressed in the attached Planning and Zoning Commission Staff Report, dated April 8, 2014.

Inform/Consult

The applicants held a neighborhood meeting on March 20, 2014 that was advertised to all residents/property owners within Pine Canyon, all property owners within 300 feet of Pine Canyon and interested community members. Seventeen people attended the meeting apart from the applicant’s representatives. There were a number of questions about the proposal. None of those in attendance were in favor of the gate in lieu of a guard 24/7. The applicants received emails from 13 individuals mostly asking for more information. Pine Canyon representatives prepared a letter describing the request in full which was sent to many who had inquired about the request.

Staff has received 6 phone calls and 4 emails, most of which were requesting more specific information about the request. One caller and two emails were in opposition to the installation of gates. The other two emails are in opposition to the gates with the removal of the guards; they do not address the two in combination. One caller was opposed to the installation of the gates regardless of the guards on duty.

The Planning and Zoning Commission conducted a Public Hearing on April 23, 2014.  Notice of that Public hearing was provided in accordance with State Statute and the Zoning Code.  At the Planning and Zoning Commission meeting, one member of the public had questions in regards to the case. 

• (Recommended Action):  The City Council may approve the Zoning Map Amendment as recommended by the Planning and Zoning Commission and staff by reading and adopting Ordinance No. 2014-11.
• The City Council may approve the Zoning Map Amendment with conditions of approval.
• The City Council may deny the Zoning map Amendment.