PZ-18-00205-03 Flagstaff @ Fourth: The applicant is applying for a Zoning Map Amendment to rezone 13.65 acres of Medium Density Residential (MR) land to Highway Commercial (HC), for purposes of a horizontal mixed-use development containing multifamily residential and retail commercial uses. Located on the northwest corner of the intersection of Fourth St and Butler Ave, within the Resource Protection Overlay Zone (RPO), the Flagstaff Regional Plan 2030, Map 24, Activity Centers, shows the project parcel located within Suburban Activity Center 18. The development will include 10% affordable housing units.
 

Staff recommends the Planning and Zoning Commission, in accordance with the findings presented in this report, forward the Direct to Ordinance Zoning Map Amendment request to the City Council with a recommendation for approval of case PZ-18-00205-03, subject to the following five conditions which will be included into the zoning map amendment ordinance:
 

1. The subject property must be developed in accordance with the approved Site Plan and the conditions of approval dated December 23, 2019.  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 “Development Agreement Flagstaff at Fourth, LLC” must be fully satisfied.
4. The Developer’s failure to obtain certificate of occupancy for the entirety of the Project within five (5) years of the effective date of the rezoning ordinance shall entitle the City, in its sole discretion, to conduct a public hearing for the purpose of reverting the Highway Commercial (HC) zoning on the Property to its former zoning classification of Medium Density Residential (MR), in accordance with Arizona Revised Statutes § 9-462.01.
5. The project shall meet the steep slope protection standards indicated in Zoning Code table 10-50.90.050A.