Appeal of the Denial by the Planning Commission of PZ-19-00204-03: Appeal of the denial of a Conditional Use Permit request from Miramonte Presidio LLC to establish a Planned Residential Development (PRD) on Tract M within the Presidio in the Pines master planned development.  The PRD consists of 39 multi-family residential units on 2.77 acres located at 2940 S Woody Mountain Road within the Highway Commercial (HC) zone.

Conditional Use Permit PZ-19-00204-03 was proposed to allow a Planned Residential Development consisting of 39 multi-family residential units on 2.77 acres located at 2490 S Woody Mountain Road within the Highway Commercial (HC) zone.

Section 10-40.30.040.B of the Flagstaff Zoning Code (Page 40.30-15), Allowed Uses, identifies Planned Residential Development (PRD) as an allowed land use in the Highway Commercial (HC) zone subject to the approval of a Conditional Use Permit (CUP) by the Planning and Zoning Commission.  In addition, Section 10-40.60.280 of the Flagstaff Zoning Code (Page 40.60-52), Planned Residential Development, lists additional requirements for the PRD related to building types and open space.

Council's role is to review the information presented, hear from the applicant and the public, and make a decision on the CUP application in accordance with the findings.
 

I.Required Findings

The City Council may approve the Conditional Use Permit only after making a finding that:

A.Finding #1:

The conditional use is consistent with the objectives of the Zoning Code and the purpose of the Zone in which the site is located.
 
“The Highway Commercial (HC) zone applies to areas of the City appropriate for a full range of automobile-oriented services.  The development of commercial uses in addition to residential uses is encouraged in the HC zone to provide diversity in housing choices; provided, that residential uses are located above or behind commercial buildings so that they are buffered from adjoining highway corridors.  The provisions of this zone are also intended to provide for convenient, controlled access and parking, without increasing traffic burdens upon the adjacent streets and highways.  This zone is designated primarily at the commercial corridors of the City, with the intention of making the City more attractive as a tourist destination while providing needed commercial activity.”
 
The proposed Planned Residential Development land use is a permitted use in the Highway Commercial (HC) zone with the issuance of a Conditional Use Permit.  The residential uses are not part of a mixed-use development (which would be permitted without a CUP) and are not located above or behind a commercial building on this site. The buildings are buffered from the adjacent highway and arterial road corridor through the integration of the site into the Presidio in the Pines development creating a buffer for the proposed residential development.  Because access to the arterial corridor is limited for this site, the viability of the site being developed for commercial uses is limited.

B.Finding #2

That granting the conditional use will not be detrimental to the public health, safety, or welfare.
 
If the proposed project is developed in accordance with City codes, standards, and requirements, the project should not be detrimental to the public health, safety, or welfare. 
 

C.Finding #3

The characteristics of the conditional use as proposed, and as it may be conditioned, are reasonably compatible with the types of uses permitted in the surrounding area.  The Conditional Use Permit shall be issued only when the Planning Commission finds that the Applicant has considered and adequately addressed the following to ensure that the proposed use will be compatible with the surrounding area (Flagstaff Zoning Code Section 10-20.40.050.E.3):

• Access, traffic, and pedestrian, bicycle, and vehicular circulation;
• Adequacy of site and open space provisions, including resource protection standards, where applicable;
• Noise, light, visual, and other pollutants;
• Proposed style and siting of structure(s), and relationship to the surrounding neighborhood;
• Landscaping and screening provisions, including additional landscaping in excess of otherwise applicable minimum requirements;
• Impact on public utilities;
• Signage and outdoor lighting;
• Dedication and development of streets adjoining the property; and
• Impacts on historical, prehistoric, or natural resources.

1.Access and Traffic; Pedestrian, Bicycle, and Vehicular Circulation

Access to the site is provided from Presidio Drive South.  No traffic impact analysis was required for this development as the density falls within the range of the of the original development approvals for Presidio in the Pines which already mitigated its anticipated traffic impacts.  Pedestrian walkways are provided from the sidewalk along Presidio Drive South to each of three proposed buildings as well as to the other features on site including parking and trash facilities. 
 
The project is required to provide 73 off-street parking spaces; 74 spaces are provided on the site plan.  The project must also provide four (4) ADA accessible spaces and two (2) EV-ready spaces as part of the 74 total spaces.  The project is providing 12 bicycle parking spaces, which at 16% of the required off-street parking spaces is greater than the 5% required by the Zoning Code.  The bike racks are distributed evenly across the three buildings (four racks per building).

2.Adequacy of Site/Open Space/Resource Provisions

The development has a proposed density of 14.09 units per acre, which exceeds the minimum ten (10) dwelling units per acre required by the Zoning Code and falls under the maximum allowed density of 29 units per acre.  As previously mentioned, this development is proposed to use the T4N.2 development standards through the Planned Residential Development option.  Section 10-40.40.080.A of the Zoning Code (Page 40.40-25) indicates that the primary intent is to create new walkable urban neighborhoods that are in character with established neighborhoods through the integration of small footprint, medium density building types that are likely smaller than those found in other zones. 
 
Section 10-50.110.150 of the Zoning Code (Page 50.110-20) establishes specific development standards for Courtyard Apartments within a transect zone.  These standards include setbacks that are reduced from the traditional zoning districts.  This development proposal meets the criteria of the Courtyard Apartment standards.
 
In accordance with Section 10-50.90.020.A of the Zoning Code (Page 50.90-2), the subject property is located within the established Resource Protection Overlay (RPO) zone.  When Presidio in the Pines was initially entitled and platted, a Tree Resource Plan was submitted to and approved by the City.  Specific resources were not identified for this site and a specific resource protection plan for this site was provided in conjunction with the site plan for this application.  The development is required to preserve 30% of the resource trees; the approved resource protection plan shows the applicant will preserve 35.11% of the tree resources on site. 

3.Noise, Light, Visual, and Other Pollutants

In accordance with Section 10-50.70.040.B of the Zoning Code (Page 50.70-4), this development is located within Lighting Zone 2.  In accordance with Table 10-50.70.050.A of the Zoning Code (Page 50.70-6), the maximum total lumens within Zone 2 is 50,000 lumens per acre. Lighting compliance will be ensured during the building permit review process. A preliminary lighting plan has been provided and is attached to this report.
 
It is not anticipated that the proposed development will generate noise, light, visual, or other pollutants.

4.Style and Siting of Structure(s) and Relationship to Surrounding Neighborhood

The approved Site Plan (PZ-19-00204-01) for Tract M proposes 39 residential units distributed across three (3) 5,000 square foot, 3-story buildings.  The project will be developed as a Planned Residential Development, which requires the applicant to apply Transect Zone, Building Type, and Private Frontage Type standards.  The project will use T4N.2 Transect Zone, Courtyard Apartment Building Type, and Forecourt Private Frontage Type standards.
 
The 39 units result in a density of 14.09 units per acre, which is within the permitted range of 10-22 units per acre for properties in the HC Zone with the Resource Protection Overlay.  There are 13 units per building, which range from approximately 500 to 1,300 square feet:
 

• Studio: 1 unit per building / 3 units total
• 1 BR: 4 units per building / 12 units total
• 2 BR: 6 units per building / 18 units total
• 3 BR: 2 units per building / 6 units total

 
The three proposed buildings are located on the northwestern half of the property with the parking areas located internal to the site.   The Site Plan also identifies land shown in the Regional Plan for future ADOT right of way to allow on/off ramps at I-40 and Woody Mountain Road.  No housing or parking is proposed to be in that area.  The site is located at the southernmost entrance to the Presidio in the Pines master planned development.  The site obtains access through the Presidio development off Presidio Drive South. The surrounding neighborhood consists of attached and detached single-family residential units that are no more than 2-stories in height. 

5.Landscaping and Screening

The site is proposed to be landscaped in accordance with the requirements of the Zoning Code.  Fencing already exists at the back of the adjacent single-family residential units.  Additional landscaping was requested at one of the neighborhood meetings.  The applicant followed up with a revised landscape plan at the second neighborhood meeting.  This additional landscaping should be included as a condition of approval as it was not considered during the site plan review process. 

6.Impact on Public Utilities

The proposed development has no additional impact to City utilities that was not previously accounted for in the master planning and development of Presidio in the Pines.

7.Signage and Outdoor Lighting

No signage is proposed for this use.  Outdoor lighting will be reviewed through a separate permit in conjunction with the building permit application should this Conditional Use Permit be approved.   

8.Dedication and Development of Streets

No dedication or development of public streets is required.   

9.Impacts on Resources

This site is not currently listed on any state or federal historic registry, nor does the site have any other historical significance.  As previously mentioned, the site is located with the Resource Protection Overlay zone.   
Conditions of approval will only be imposed if they are necessary to ensure the intent and purpose of the Zoning Code are met; to ensure compatible and complementary development of the property; and to ensure the provision of appropriate off-site improvements will be fulfilled.