Consideration and Adoption of Ordinance No. 2022-05: An Ordinance of the City Council of the City of Flagstaff, amending the Flagstaff Zoning Map to rezone approximately 13.49 acres of real property generally located at 5531 East Cortland Boulevard, a portion of APN 113-37-001E from the Highway Commercial (HC), Light Industrial-Open (LI-O), and Research and Development (RD) zones to the High Density Residential (HR) zone with conditions, providing for severability, authority for clerical corrections, and establishing an effective date.

Concept Zoning Map Amendment, requested by Miramonte Holdings, LLC., of approximately 13.49 acres located at 5531 East Cortland Boulevard from the Highway Commercial (HC), Light Industrial-Open (LI-O), and Research and Development (RD) zones to the High Density Residential (HR) zone.  The development site is already located in the Resource Protection Overlay (RPO).

No financial impacts are anticipated with this request.

There are no policy impacts affiliated with this request.

Priority Based Budget Key Community Priorities and Objectives

• Support social services, community partners, and housing opportunities.
• Support and strengthen a 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
A complete analysis of the Regional Plan goals and policies can be found in the attached project narrative and Planning & Zoning Commission staff report dated February 3, 2022.

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

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

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 multifamily residential development consisting of 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 and pursue site plan application after Council approves the Zoning Map Amendment.  A Concept Zoning Plan should consist of a plan with proposed uses, 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 review 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.

Proposed Rezoning and Development Plan
The developer, Miramonte Holdings, LLC., is requesting rezoning approval to permit the development of a multifamily development consisting of 139 dwelling units.  The proposed development would consist of two-story townhome building types ranging from one- to three-bedroom units. The unit mix as shown on the concept plan includes the following:
 
                                 UNIT DESCRIPTION     NO. OF UNITS           PERCENTAGE
                                 1 Bed                                     30                               21.5%
                                 2 Bed                                     79                               57%
                                 3 Bed                                     30                               21.5%
 
The minimum density requirement in the High Density Residential zone is 10 units per acre and the maximum density is 22 units per acre with the Resource Protection Overlay.  The Zoning Code utilizes “Gross Density” where the density of a development is calculated by the total number of dwelling units divided by the total acreage of the Development Site Area.  This project at 139 units divided by the gross site acreage of 13.49 acres results in 10.30 units per acre.  The applicant will be providing improved right-of-way for a new cul-de-sac at the end of Cortland Boulevard (0.53 acres) and unimproved right-of-way for access to the adjacent property owned by the City of Flagstaff (1.74 acres).  The Development Site Area after these right of way dedications (net area) will be approximately 11.23 acres in size with a net density of 12.38 units per acre. 
 
Access to the development will be from Cortland Boulevard which will end in a new cul-de-sac within the larger 19.26-acre site.  The cul-de-sac will be constructed in conjunction with the proposed multifamily development. The site is long and narrow which lends itself to having a driveway around the exterior of the site with the residential units located in the center like the adjacent apartment complexes.   
 
Concept Zoning Plan
On September 29, 2021, the Inter-Department Staff (IDS) deemed the application for Concept Zoning to be complete.  If this rezoning is approved the applicant will need to submit for Site Plan review prior to submitting civil plans or building permits. 

Zoning – City of Flagstaff Zoning Code
If this Concept Zoning Map Amendment request is approved, approximately 13.49 acres will be rezoned to the High Density Residential (HR) zone.  Development of the site will be conditioned to the approved concept plan and a final development agreement.  Any substantial change to the approved concept plan (more than a 10% density increase/decrease or modification to any condition of approval) will require a new rezoning request and further review and approvals by the Planning and Zoning Commission and City Council.  The Concept Plan provided includes the general site layout, open space and civic space areas, general circulation, and building elevations.
 
Site Planning Standards
In accordance with Section 10-30.60.030 of the Zoning Code, a site analysis was completed in conjunction with the concept plan for this project that examines the topography of the site, solar orientation, existing/native vegetation types, view corridors, climate, subsurface conditions, drainage swales and stream corridor, and the built environment and land use context.   The slopes on the subject property are less than 17%, so building foundations do not need to be designed to step with the terrain.  The Forest Resources are addressed below in accordance with the provisions of the Resource Protection Overlay. 
 
The applicant has provided a concept plan that considers the key contextual influences including the sensitivity of adjacent land uses; location of property boundaries and setbacks; location of adjacent roads, driveways, pedestrian ways, and bicycle facilities; location of existing transit facilities; as well as the existing built environment.
 
Resource Protection
There is a Resource Protection Overlay zone on the subject site.  The Zoning Code requires 50% of the tree resources to be saved.  A conceptual Natural Resource Protection Plan (NRPP) was submitted as part of this rezoning application, which shows 66.4% of the tree resources preserved on the site.  There are no slopes on site that exceed 17%.  If this rezoning application is approved, an NRPP in compliance with the provision of the Zoning Code will be required as part of the Site Plan review.  Staff will ensure compliance with the Zoning Code during Site Plan and Civil Plan review. 
 
Open Space & Civic Space
The HR zone requires 15% of the lot area to be Common Open Space (Table 10-40-30.030.A).  A minimum of 1.69 acres of open space are required for the proposed residential project.  The plans provided show the open space as the resource, landscape, and FUTS trail. Specific amenities for the residents of the site are not shown.  The project narrative references a dog park which will include benches and a Ramada; however, details of this area have not been provided.  A pollinator garden and the FUTS on site are also listed as amenities.
 
Section 10-30.60.060.B.1.b of the Zoning Code requires developments with 50 or more dwelling units to provide a minimum of 5% of the site as Civic Space.  This space must be accessible to the public.  A total of .56 acres of civic space is required for this project.  The FUTS trail located along the southern property line is used to fulfill this requirement on site. 
 
Pedestrian and Bicycle Circulation Systems
Because this property is undeveloped there are no existing edge improvements along the property frontage.  As part of this development the applicant will be required to install edge improvements along the cul-de-sac required to be constructed at the end of Cortland Boulevard to serve the property.  The edge improvements along the cul-de-sac include a 5-foot parkway and an 8-foot sidewalk.  A new 10-foot concrete FUTS trail will be provided by the developer from the new cul-de-sac along the southern property boundary connecting to the adjacent parcel owned by the City of Flagstaff.  Cortland Boulevard does not currently have bicycle lanes.
 
Compatibility and Architectural Design Standards
Compatibility does not mean “the same as” but rather it refers to how well a new development is sensitive to the character of existing development.  The Zoning Code breaks down compatibility into three categories: Patterns of Development, Scale, and Continuity.
 
Patterns of Development include streetscapes, site relationships, signage, and landscape features.  The proposed development conforms to the development pattern of the surrounding neighborhood which includes several multifamily developments.
 
Scale refers to similar or harmonious proportions, overall height and width, the visual intensity of the development, and the building massing.  The development as proposed does not look like a typical apartment complex, instead consisting of building types that more closely represent a townhome single-family development which is like that of the surrounding development.  The High Density Residential (HR) zone has a maximum building height of 60 feet like the properties directly to the south of the site.  Several properties in the immediate vicinity are located within the High Density Residential (HR) zone which has a maximum building height of 60 feet.  The proposed development is limited to one- and two-story building types which is like the existing development pattern in the area.
 
Continuity encompasses patterns of development and scale, but also site development, building forms, texture, materials, details, and colors. Sample elevations have been provided, but staff has yet to review the final architectural design, colors, or materials, all of which will need to comply with the Architectural Design standards found in the Zoning Code.
 
Landscaping
Landscaping plans are not required in conjunction with a Concept Zoning Map Amendment application.  If this rezoning is approved, Staff will review the required landscape plans and ensure compliance with the Zoning Code during site plan review.  At the concept plan level, staff is most concerned with ensuring adequate landscape street buffers, building foundation, and parking lot landscaping.  The proposed building types present a unique challenge for applying building foundation landscaping because there are many individual buildings that equate to a higher requirement for landscaping than a larger apartment building.  Staff will work with the applicant during site plan review to ensure that adequate landscaping is provided for this project.
 
Outdoor Lighting
The subject property is located within Lighting Zone 3, which means that it is located further away from astronomical resources within and surrounding the City of Flagstaff.  Lighting Zone 3 has the lowest-level standards regarding outdoor lighting and allows for a total of 100,000 lumens per acre for multifamily residential development. A lighting plan is not required as part of a Concept Zoning Map Amendment, but one will be reviewed for compliance at the time of building permit submittal.
 
Parking
Based on the requirements for market rate units, 290 parking spaces are required and are provided.  No parking reduction incentives are used for this development.  Fifteen bicycle parking spaces are required and sixteen are provided. In addition to vehicular parking the applicant is proposing and has included in the Development Agreement the provision of 4 EV-ready outlets per the requirements of the building code.
               UNIT DESCRIPTION      NO. OF UNITS        SPACES PER UNIT      REQ PARKING
                           1 Bed                          30                                  1.5                                45
                           2 Bed                          79                                 2.25                             177.75
                           3 Bed                          30                                 2.25                               67.5  
                                                                                                                                         Total       290
Historic/Cultural Resources
A Phase 3 Cultural Resource Study has been completed for the property and is currently awaiting final data review to be accepted by the Heritage Preservation Officer.  The details of the study are confidential.  All required mitigation has been completed. 
 
Public Systems Impact Analysis
 
Traffic/Right-of-Way Impact
The scope of a Traffic Impact Analysis (TIA) is generally determined by the estimated peak hour trips generated by a development, per the Engineering Standards.  The estimated peak hour trips for this development are 65 vehicles/hour in the a.m. and 79 vehicles/hour in the p.m.  According to the Standards, an analysis beyond the traffic statement provided is not required.  No impacts to the surrounding transportation network are anticipated that would require mitigation.
 
Water and Wastewater Impact
A Water and Sewer Impact Analysis (WSIA) was completed by the City on April 30, 2021.  The proposed development is located within the City of Flagstaff urban growth boundary and can be served by City water and sewer utilities.  Currently, there is no infrastructure in the ground on-site to support this development, so all on-site sewer and water systems will have to be designed and built. It is the developer’s responsibility to design and construct all on-site and connecting water infrastructure per the City of Flagstaff Engineering Standards.
 
Water
All public water infrastructure exists in the Cortland Boulevard right-of-way.  There is an 8” water main extended to the property frontage.  On-site improvement will include a waterline loop around the property to service each proposed building which will also connect to a newly installed 18” waterline that crosses I-40.  The property lies within the City of Flagstaff Zone “C” water pressure system limits and meets the minimum pressure requirements stated in the City of Flagstaff Engineering Standards.  High pressures have been noted on site which require the developer to install pressure reducing valves after the meter.
 
Wastewater
The main sewer service for this project is a sewer line stub located south of the property.  The existing line is an 8” PVC pipe.  The developer will connect to this sewer by building a sewer line around the east side of the adjacent parcels and into the City-owned property.  Prior to this connection, the existing 8” downstream sewer main must be upsized to a 10” main.  This upsized sewer main must be installed, approved, and placed into service prior to the connection.
 
Stormwater Analysis
The development of the subject project is proposing on-site, pre vs. post, volumetric mitigation in lieu of a Drainage Impact Analysis.  The proposed stormwater management design will provide surface retention to not increase the volume of pre-development flows off-site.  A basin will also provide peak flow mitigation of post development flow rates to at or below pre-development flow rates. LID requirements will be met per City standards. The Stormwater Manager has provided preliminary acceptance of the proposed on-site mitigation and LID methods.  A preliminary drainage report is attached.

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

Public hearings before the Planning and Zoning Commission and City Council are conducted in conjunction with requests for 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, posting notices on the property, and mailing a notice to all property owners within 600 feet (exceeding the minimum of 300 feet) of the site excluding rights-of-way and all HOAs and apartment management offices within 1,000 feet.
 
The developer held one virtual neighborhood meeting using the Zoom platform regarding this case on August 26^th at 5:00pm.  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.