Consideration and Adoption of Resolution No. 2022-08:  A resolution of the Flagstaff City Council, authorizing the execution of a development agreement between the City of Flagstaff and Mongini & Selna Childrens Irrevocable Living Trust and Miramonte Holdings, LLC, for The Lofts at Continental related to the development of approximately 13.49 acres of real property generally located at 5531 E Cortland Boulevard and establishing an effective date.

State law allows the City to enter into development agreements with landowners and persons having an interest in real property in order to facilitate the development of the property.  The Lofts at Continental development agreement is intended to facilitate the development of approximately 13.49 acres of land generally located at 5531 E Cortland Boulevard.  The applicant intends to develop the property for use as a multi-family residential community.  The property is currently zoned Highway Commercial (HC), Light Industrial-Open (LIO) and Research and Development (RD) and the applicant is requesting to rezone the property to High Density Residential (HR).  The agreement covers the requested entitlements for the property, specifics of the development plan, developer obligations, City obligations, and affordable housing units.

There are no financial impacts associated with the Development Agreement.

There are no policy impacts affiliated with the Development Agreement.

Priority Based Budget Key Community Priorities and Objectives

• Support social services, community partners, and housing opportunities
• Support and strengthen more robust, diverse, and sustainable economy in ways that reflect community values and provides for affordable housing opportunities.
• Create a welcoming community through partnerships, resilient neighborhoods, and civic engagement.
• Provide amenities and activities that support a healthy lifestyle.
• Actively support attainable and affordable housing through City projects and opportunities with developers.

Carbon Neutrality Plan

• Create inclusive networks for walking and biking that are continuous, attractive, safe, comprehensive, and convenient for people of all ages.
• Encourage Flagstaff residents and visitors to walk, bike, roll and take the bus.

Regional Plan

There have been no prior Council Decisions made in regard to this application.

1. Approve The Lofts at Continental Development Agreement as presented.
2. Approve The Lofts at Continental Development Agreement with additional, modified, or deleted terms.
3. Remand The Lofts at Continental Development Agreement back to staff for additional negotiations with applicant.
4. Deny The Lofts at Continental Development Agreement.

The applicant, Miramonte Holdings, LLC., is requesting a Concept Zoning Map Amendment to rezone approximately 13.49 acres of an existing 19.26-acre parcel from the Highway Commercial (HC), Light Industrial-Open (LI-O), and Research and Development (RD) zones (each make up approximately 1/3 of the area to be rezoned) to the High Density Residential (HR) zone located at 5531 East Cortland Boulevard.  This amendment would allow the development of a multi-family residential development consisting of between 139 dwelling units located within 25 (4-plex, 5-plex, and 6-plex) townhouse building types. The Property is currently undeveloped land with a grouping of trees on the western edge of the proposed development site.  The property gently slopes towards the east with no significant slope resources.
 
An applicant requesting an amendment to the Zoning map may elect to pursue either a “Direct to Ordinance with a Site Plan” or “Authorization to Rezone with a Concept Zoning Plan” per Section 10-20.50.040.D of the Zoning Code.  The Direct to Ordinance with a Site Plan process requires the applicant to submit fully developed site plans with all supporting information required for site plan review concurrently with the Zoning Map amendment application.  Once the Zoning Map amendment is approved by the Council, then the applicant can proceed directly to construction plan and building permit review.  The Authorization to Rezone with a Concept Zoning Plan process allows the applicant to prepare a concept zoning plan and pursue site plan application after Council approves the Zoning Map Amendment.  A Concept Zoning Plan should consist of a plan with proposed use(s), vicinity maps, context map, concept phasing, housing types if applicable and a proposed circulation map.  This means that staff has not reviewed building heights, development standards, landscape plans, outdoor lighting plans, signage plans, or architectural design standards for this project in a detailed and cohesive manner.  These reviews will only take place after the Zoning Map Amendment is approved.  In this case, staff recommended that the applicant pursue a concept rezoning due to the reconfiguration of existing access rights on the proposed development site.
 
In 2002, the City of Flagstaff acquired the land adjacent to the subject property for open space, flood control, recreation, and redevelopment.  At the time of acquisition, the City was granted an 88-foot-wide access easement through the center of the subject property.  The location of the easement made the development of the subject property extremely difficult.  Staff has worked with the applicant to resolve the issue through compromise.  The City will abandon the existing easement and the applicant will dedicate a new 45-foot unimproved right-of-way on the northern boundary of the property in addition to providing a 10-foot concrete FUTS along the southern boundary of the property.  The details of this exchange are covered in the accompanied development agreement.

The draft development agreement is attached to this report.  The primary purpose of this agreement is to set out roles and responsibilities regarding the following (not limited to):

• Off-site sewer modifications
• Dedication of improved right-of-way for cul-de-sac at the end of Cortland Boulevard
• Dedication of unimproved right-of-way for future access to City parcel to the east.
• 10’ concrete FUTS trail through property from Cortland Boulevard to City parcel
• 10% Affordable Housing – 14 units
• Energy STAR certified units
• Prohibition of short-term rentals (60 days)
• Materials management plan for enhanced recycling
• Dog park with amenities for residents
• Four electrical vehicle-ready outlets and two electric vehicle charging stations
• 24 bicycle parking spaces (16 uncovered, 8 covered) where 15 are required
• Pollinator friendly landscaping

Community benefits and considerations related to this request are addressed in more detail in the Planning & Zoning commission Staff Report, dated February 3, 2022 attached to the Zoning Map Amendment staff summary.

Public hearings before the Planning & Zoning Commission and City Council are conducted in conjunction with requests for Concept Zoning Map Amendments.  In accordance with Arizona State Statute, notice of the public hearing was provided by placing an ad in the Arizona Daily Sun, positing notice on the property, and mailing a notice to all property owners with 600 feet (exceeding the minimum of 300 feet) of the site.  The developer held one virtual neighborhood meeting using the Zoom platform regarding this case on August 26, 2021, at 5:00p m.  No one from the public attended the meeting.  The second required meeting was waived by the Planning Director.  Staff has not received any comments from the public as of the writing of this report.