To inform City Council of a proposed development agreement amendment scheduled for Council consideration at the February 5, 2019, Council meeting.

In June of 2000, the City Council approved a rezoning request (Ordinance 2000-11) and a development agreement allowing the development of Pine Canyon, which includes a mixture of multi-family, 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.  The project contemplated by the Development Agreement and as illustrated in the Concept Plan was to consist of residential development of no more than 1,170 dwelling units, consisting of 210 multi-family units (Tract 22), a minimum of 125 affordable housing units, 311 estate townhouses, and 524 estate home sites.

Campus Advantage, a privately held nationwide developer and manager of student housing communities plans to develop a new multi-family residential project focused on Northern Arizona University and Coconino Community College students.  The developer proposes "Liv + Flagstaff," a 196 unit, 702 bed rental community.  Building types will include a variety of townhome style buildings over flat apartments, cottage type as well as townhomes with tuck-under parking.  There will be a mix of two, three, and four-story buildings.  The project includes 475 surface parking spaces and 66 carport spaces, for a total of 541 spaces, which complies with the Zoning Code standards for Multi-family Residential development.

The Development Agreement for Fairway Peaks (now Pine Canyon) was entered into for the purpose of identifying the type of land uses and the location, density, and intensity of such lands uses, site and architectural design, and other matters relating to the development of the property as depicted in the concept plan.  The concept plan identifies that Tract 22, which is the subject of the proposed amendment, consists of 210 multi-family residential units.  The agreement further states in Section 3(e) that "the development of the multi-family dwelling units (condominiums) ... shall conform substantially to the individual conceptual site plans and elevations that were reviewed and approved by the City Council, and which are filed within the Community Development Department."  The Development Agreement also provides details under Section 4 that "development of the Property shall be governed by the City's ordinances, rules, guidelines and official policies controlling permitted uses of the property, the density and intensity of the uses, the maximum height and size of the buildings..."  Section 7 of the development agreement only refers to this parcel as consisting of 210 multi-family units.  The inconsistencies are related to the parenthetical note "condominium" and the conceptual site plan.

Staff identified these inconsistencies when reviewing the development agreement for compliance with the proposed development plan for Tract 22.  It is Staff's suggestion that the development agreement is amended to eliminate the inconsistent language and clarify that a multi-family residential development in conformance with the zoning code is allowed.  Staff is working with the City Attorney's office on the recommended amendment language and will be provided with a future transmittal.