Consideration and Adoption of Ordinance No. 2024-29:  An ordinance of the City Council of the City of Flagstaff, amending the Flagstaff Zoning Map to rezone approximately 13.96 acres of real property located at 4631 S Lake Mary Road, from the Estate Residential (ER) zone with a Resource Protection Overlay (RPO) to the High Density Residential (HR) zone with a Resource Protection Overlay (RPO), providing for severability, authority for clerical corrections, and establishing an effective date.
 

1. Read Ordinance No. 2024-29 by title only for the final time
2. City Clerk reads Ordinance No. 2024-29 by title only (if approved above)
3. Adopt Ordinance No. 2024-29

A Direct to Ordinance Zoning Map Amendment application from Snell and Wilmer, LLP on behalf of Atlantic Development & Investments, LLC to rezone approximately 13.96 acres at 4631 S Lake Mary Road from the Estate Residential (ER) zone with a Resource Protection Overlay (RPO) to the High Density Residential (HR) zone with a Resource Protection Overlay (RPO) for the purpose of developing a multi-family residential development.  Please refer to the attached vicinity map.

The Flagstaff Planning and Zoning Commission voted (6-1) to forward the request with a recommendation of denial.

The Direct to Ordinance Zoning Map Amendment has no financial impact.

The Direct to Ordinance Zoning Map Amendment has no policy impact.

There has not been a previous City Council decision on this ordinance.

The City Council may adopt, modify or deny the proposed Direct to Ordinance Zoning Map Amendment.

Staff has the following suggested conditions:

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 condition precedent is met:
   1. The Developer obtains the required approvals from the National Forest Service to locate the pressurized sewer line in National Forest Service property.
5. Affordable Housing Incentives are being requested for this Project. Zoning Code Section 10-30.20.020.I includes eligibility requirements. To ensure compliance with the Zoning Code, the developer shall implement a minimum of one (1) of the following items with final construction permit approvals:
   1. Extend the Flagstaff Urban Trails System (“FUTS”) from the existing terminus at John Wesley Powell and Lake Mary Road, down Lake Mary Road to the Site along the west side of Lake Mary Road, in general conformance with the Comprehensive Plan Map 26d: Existing and Planned Flagstaff Urban Trails, as amended November 3, 2022; or
   2. Provide a minimum of five (5) electric bikes with a minimum range of twenty-five (25) miles at the rental office/clubhouse that shall be made available to residents for use for travel to/from the Site on a reservation basis.

The request for a Direct to Ordinance Zoning Map Amendment was filed by Snell and Wilmer, LLP on behalf of the applicant Atlantic Development & Investments, LLC, to rezone approximately 13.96 acres from the ER zone with the RPO to the HR zone with the RPO located at 4631 S Lake Mary Road.
 
The subject property is vacant land located along S Lake Mary Road and is part of a collection of parcels surrounded by Coconino National Forest land.  The site is accessed by S Lake Mary Road. The applicant proposes a multi-family development, with 202 units within 23 structures ranging from 2-3 story townhome-style and apartment-style buildings. The developer proposes to provide 20% of the planned number of units as Category 1 Affordable units (currently 40 affordable units proposed).  There is no bus service to this area.

The area is currently not served by City Sewer.  The project's sewer design requires a portion of the system to be pressurized.  The City's Water Services Division will be proposing an amendment to the City Code to allow public pressurized systems.  If the amendment is not approved, the pressurized portion of the system will be private, pursuant to 13-09-002-0012.  The sewer and water lines will run adjacent to Lake Mary Road and lie within Forest Service property, which will require an amendment to the City's Special Use Permit.

Key Considerations:
The following Zoning Map Amendment Findings will be analyzed specific to the approved site plan and consider if the site were to be redeveloped entirely under the HR zone standards.
 A.    Finding #1:
The proposed amendment must be found to be consistent with and in conformance with the goals and policies of the General Plan and any applicable specific plans.  If the application is not consistent with the General Plan, and any other applicable specific plan, the applicable plan must be amended in compliance with the procedures established in Chapter 11-10 of the City Code (Title 11: General Plans and Subdivisions) prior to considering the proposed amendment.  Refer to the Planning & Zoning Staff Report for an analysis of the Regional Plan.

B.    Finding #2
To meet the finding, the proposed amendment must be determined not to be detrimental to the public interest, health, safety, convenience, or welfare of the City of Flagstaff (the “City”); and will add to the public good as described in the General Plan. Staff does not believe that the proposed project will be detrimental to the public interest, health, safety, convenience, or welfare. The developer has identified the following Community Benefits and Public Good:

1. The developer will provide sewer service to an area currently not served by city sewer.
2. The developer proposes to provide 20% of the planned number of units as Category 1 Affordable units (currently 40 affordable units proposed) and 162 market rate units

C.    Finding #3
To meet the finding the affected site must be determined to be physically suitable in terms of design, location, shape, size, operating characteristics; and the provision of public and emergency vehicle access, public services, and utilities to ensure that the requested zone designation and the proposed or anticipated uses and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.  The Inter-Division Staff reviewed the application and concluded that the site was suitable for the proposed development as conditioned. The IDS team based its conclusion on the review of all applicable codes and requirements as well as impact analysis for the site. Any potential impacts will be mitigated by the developer and off-site improvements will be required to serve this development.

Priority Based Budget Key Community Priorities and Objectives
Livable Community:

• Actively support attainable and affordable housing through the City’s 10-Year Housing plan as well as other projects and opportunities
• Provide amenities and activities that support a healthy lifestyle

A complete analysis of the Regional Plan goals and policies are included in the attached Planning and Zoning Commission staff report.

HA-1: Create housing options for households at all income levels and family sizes occupied by local residents.
FS-2: Encourage new buildings to rely on the electric grid as their main energy source.

Create 2.2: Identify suburban areas to support greater density and intensity of development