Public Hearing, Consideration and Possible Adoption of Ordinance No. 2019-21:  An ordinance of the City Council of the City of Flagstaff, amending the Flagstaff Zoning Map to rezone approximately 16.11 acres of real property located at 3401 S Lake Mary Road, from Estate Residential ("ER") and Rural Residential ("RR") to Medium Density Residential ("MR"); (Aura Flagstaff)

A Direct to Ordinance Zoning Map Amendment application from Trinsic Acquisition Company LLC for approximately 16.11 acres at 3401 S Lake Mary Road from Estate Residential ("ER") and Rural Residential ("RR") to Medium Density Residential ("MR") for the purpose of developing a multi-family residential development.  Please refer to the attached vicinity map.

The Flagstaff Planning and Zoning Commission voted (6-0) 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.

Council Goals:
Support development and increase the inventory of public and private affordable housing for renters and home-owners throughout the community.

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

Team Flagstaff Strategic Plan:
Strategic Priority #4: Work in partnership to enhance a safe and livable community.

There has not been previous Council decision on this item.

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

Adoption of Ordinance 2019-21 will have the effect of approving the rezoning application, subject to conditions listed in the Ordinance.

The development site to be rezoned is approximately 16.11 acres comprised of four parcels located just west of the intersection of High Country Trail and Lake Mary Road.  The property is a portion of the Auza Family Ranch, historically used for livestock herding between Arizona, Colorado, and California, since before Flagstaff was incorporated.  The Auza property has been impacted by the construction of Interstate 17 at the north end of the property, the bisection of the property by West High Country Trail, and an electrical utility easement for the high voltage electrical transmission lines along the south side of West High Country Trail.
 
The Auzas would like to maintain the existing single-family house constructed in the 1980’s and located on the north side of West High Country Trail.  This Direct to Ordinance Zoning Map amendment proposes to rezone all 16.11 acres, from Estate Residential (ER) and Rural Residential (RR) to Medium Density Residential (MR) and concentrate the density on the southern portion of the property.  The electrical utility easement running along the south side of West High Country Trail prohibits any structures from being constructed near the street.  This pushes the proposed development to the far southern portion of the property, adjacent to the existing single-family residential neighborhood.

Staff cannot recommend approval of this project as it does not meet the required findings.  Although the project meets the minimum standards set forth in the Zoning Code, the project has limited benefit for the community as a whole.  The project clusters development to concentrate the density at the southern portion of the site and preserve the land to the north for the benefit of a single private property owner.  The concentration of density results in a development that will have an impact of 19 units per acre on the adjacent neighborhoods.  The project does not work with the existing topography of the site, but rather heavily grades the site.  As a result, a majority of the trees located on the southern portion of the development are proposed to be removed.  The project must rely on the property north of High Country Trail to achieve the required tree resource protection.  Typically projects which concentrate density in one area do so to provide additional quality open space for use by the community.  The undeveloped portion of the development will remain as private property for the sole use of the Auza family.

Community benefits and considerations related to this request are addressed in more detail in the attached Planning and Zoning Commission Staff Report, dated April 9, 2019.  Staff has concluded that this application does not add to the public good and is detrimental to the public interest.  While the provision of affordable housing is in the public interest and adds to the public good, it is not outweighed by the other negative impacts to the community identified in this report.

Public hearings before the Planning and Zoning Commission and City Council are conducted in conjunction with requests for Direct to Ordinance Zoning Map Amendments.  In accordance with State Statute, a notice of the public hearing was provided by placing an ad in the Daily Sun, posting notices on the property, and mailing a notice to all property owners within 1,000 feet (exceeding the minimum of 300 feet) of the site excluding rights-of-way.
 
The developer held two neighborhood meetings in regards to this case on October 18, 2018, and March 4, 2019.  The first meeting was held at the Flagstaff Aquaplex, located at 1702 North Fourth Street in Flagstaff.  The second meeting was held at Ashurst Hall, located at 624 Knoles Drive on the NAU campus in Flagstaff.  Per the sign-in sheets, thirty-eight (38) individuals attended the first meeting and sixteen (16) individuals attended the second meeting.  A Citizen Participation Report, attached, was prepared in response to the questions, comments, and concerns presented. The meetings included an open house period, followed by presentations from the developer and a question and answer session.  Comments on the project included the following topics: traffic impacts, tree resources, site grading adjacent to properties along the south property line, and the proposed density of the development.
 
Three emails and five letters from the public has been received as of the writing of the report.  The three emails and four of the letters are from neighbors opposed to the development.  One of the letters is from the president of the Ponderosa Trails HOA informing staff that a poll of the property owners was conducted and resulted in 87% of respondents opposing the rezoning, 9% in favor, and 3% did not have an opinion either way.  Copies of the correspondence are attached.

At the Planning and Zoning Hearing, eleven members of the public spoke against the proposed project for the following reasons: density, traffic, family neighborhood not college students, crime, doesn’t meet regional plan and zoning code, too much housing, not a good use of property, trees, and displacement of animals.  Shirley Auza, resident, spoke in support of the proposed project and believes it to be compatible with the neighborhood.