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  9.B.       
Meeting Date: 12/01/2020  
From: Genevieve Pearthree, Planning Development Manager

TITLE:
Consideration and Adoption of Resolution No. 2020-65: A resolution authorizing the execution of a Development Agreement Amendment between Miramonte Presidio, LLC and the City of Flagstaff related to the development of approximately 2.77 acres of real property located 2940 South Woody Mountain Road (Presidio in the Pines Development Agreement Amendment).
STAFF RECOMMENDED ACTION:
1) Read Resolution No. 2020-65 by title only
2) City Clerk reads Resolution No. 2020-65 by title only (if approved above)
3) Adopt Resolution No. 2020-65
Executive Summary:
State law allows the City to enter into development agreements by resolution of the City Council. The Presidio in the Pines Development Agreement Amendment will be between Miramonte Presidio, LLC and the City of Flagstaff. The proposed amendment modifies Section 6.6 of the Development Agreement to: 1) permit Tract M of the Presidio in the Pines subdivision to be developed as a multiple-family development according to an approved Site Plan, 2) require the formation of a homeowners’ association and condo declarations stipulating a minimum lease length of thirty (30) days, and 3) provide "Attainable Housing."
Financial Impact:
No financial impacts are associated with this Development Agreement Amendment.
Policy Impact:
No policy impacts are associated with this Development Agreement Amendment.
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
PBB Key Community Priorities/Objectives
  • Robust Resilient Economy - Grow and strengthen a more equitable and resilient economy.
  • Livable Community - Support the development of attainable and accessible housing.
Flagstaff Regional Plan
  • Goal NH.3. Make available a variety of housing types at different price points, to provide housing opportunity for all economic sectors
Has There Been Previous Council Decision on This:
In May 2004, City Council approved a rezoning request (Ordinance No. 2004-05) to enable the development of the larger 91-acre Presidio in the Pines master-planned community, of which Tract M is a small part. City Council also approved the associated Development Agreement, which was recorded on September 20, 2004.  City Council approved three (3) subsequent amendments to the Development Agreement in 2007, 2008, and 2012. The purpose of the original Development Agreement and each amendment thereof is detailed in the Background/History section of this staff report.
Options and Alternatives:
  1. Approve the Presidio in the Pines Development Agreement Amendment as presented.
  2. Approve the Presidio in the Pines Development Agreement Amendment with additional, modified, or deleted terms.
  3. Remand the Presidio in the Pines Development Agreement Amendment back to staff for additional negotiations with Miramonte Presidio, LLC.
  4. Deny the Presidio in the Pines Development Agreement Amendment.
Background/History:
 
Reasons for Development Agreement Amendment Request
On September 25, 2020, City staff approved the Site Plan (PZ-19-00204-01) for Miramonte Presidio, LLC to build a 39-unit multiple-family development project on 2.77 acres in the HC (Highway Commercial) Zone at 2940 South Woody Mountain Road (APN 112-62-483). See the attached Site Plan for more information. Site Plan approval was conditioned upon 1) an amendment to the Presidio in the Pines Development Agreement to allow multiple-family development on the site, and 2) the applicant obtaining a Conditional Use Permit.
 
The proposed development is on Tract M of the Presidio in the Pines subdivision. Multiple family development is a permitted use in the HC Zone when it is developed as a Planned Residential Development. A Planned Residential Development in the HC Zone also requires a Conditional Use Permit.  

However, City Council must first approve an amendment to the Development Agreement to allow a multiple-family use on Tract M because the original Development Agreement requires a church site at that location. It states: “In the event that the Church Site depicted on Exhibit 4 of the Master Plan is not developed as a church use, alternative development of the Church Site shall be limited to neighborhood indoor uses permitted in the Urban Commercial zoning district as defined in Section 10-03-002-0004(B) of the Land Development Code.” Neighborhood indoor uses in the Land Development Code included churches, neighborhood community or recreational centers, daycare centers, gymnasiums, branch libraries, indoor recreational centers, public or private schools, indoor swimming pools, tennis, racquetball, handball courts, and similar indoor institutional uses; they did not include multiple-family development.

Proposed Development Agreement Amendment
The current Development Agreement Amendment is focused on Section 6.6 of the original Development Agreement—the section that requires Tract M to be a church site or other neighborhood indoor use. The amendment consists of three main points:
  1. Tract M will be developed as for-sale, condominium, multiple-family development as set forth in the approved Presidio in the Pines Tract M Site Plan (PZ-19-00204-01) administratively approved by City staff on September 25, 2020, subject to the requirement for a Conditional Use Permit and other requirements from City Code, this Development Agreement Amendment, and the Master Plan for Presidio in the Pines.
  2. Developer agrees to form a homeowners’ association (HOA) for the project; the Condominium Declarations will include a provision requiring any lease period to be a minimum of thirty (30) days.
  3. Developer agrees to designate a minimum of 10% of the total units to be sold at or below 100% of the Area Median Income ("AMI").
 
Development Agreement History
The Presidio in the Pines Development Agreement was recorded on September 20, 2004, between the City of Flagstaff and the original developers of Presidio in the Pines. It was associated with a successful rezoning request (Ordinance No. 2004-05) to develop a larger 91-acre property into a mixed-use, traditional neighborhood design development with 790 dwelling units. It was to be built according to a Development Master Plan.

The Development Agreement has since been amended three times:
  1. March 30, 2007: Identified the process for Presidio in the Pines to annex, and coordinate with, the development of single-family housing on a five-acre parcel adjacent to Presidio in the Pines.
  2. December 1, 2008: Allowed the adjacent five-acre parcel to continue to develop given the fact that the developer's party to the original Development Agreement had filed for bankruptcy.
  3. August 2, 2012: Allowed Miramonte Arizona, LLC to develop Presidio in the Pines as a phased development.
Section 6.6—the focus of the current Development Agreement Amendment—was not modified in any of the three previous amendments.

Multiple Family Development Project Overview
The approved Site Plan (PZ-19-00204-01) for Tract M proposes 39 residential units distributed across three (3) approximately 5,000 square foot, 3-story buildings. The project will be developed as a Planned Residential Development, which requires the applicant to apply Transect Zone, Building Type, and Private Frontage Type standards. The project will use T4.N2 Transect Zone, Apartment Building Type, and Forecourt Private Frontage Type standards.
 
The 39 units result in a density of 14.09 units per acre, which is within the permitted range of 10-22 units per acre for properties in the HC Zone within the Resource Protection Overlay. There are 13 units per building, which range from approximately 500 to 1,300 square feet:
  • Studio: 1 unit per building / 3 units total
  • 1 BR: 4 units per building / 12 units total
  • 2 BR: 6 units per building / 18 units total
  • 3 BR: 2 units per building / 6 units total
The property has a Resource Protection Overlay. The subdivision plat also shows a Tree Resource Preservation Easement, which will not be disturbed as part of the construction of this project. The development is required to preserve 30% of the resource trees; they are preserving 35.11%. These calculations are based on trees located outside of the Preservation Easement. No steep slopes or floodplains requiring protection are located on the site.
 
The Site Plan also identifies land shown in the Regional Plan for future ADOT right of way to allow on/off ramps at I-40 and Woody Mountain Road. No housing or parking is proposed to be located in that area.
 
The project is required to provide 73 off-street parking spaces; 74 spaces will be provided. It is also required and is providing, four (4) ADA accessible spaces and two (2) EV-ready spaces as part of the 74 total spaces.

The project is providing 12 bike parking spaces, which at 16% of the required off-street parking spaces is greater than the 5% required by the Zoning Code. The bike racks are distributed evenly across the three buildings (four [4] racks per building).
Key Considerations:
The Development Agreement Amendment helps to ensure that the development of the property complies with City standards for development and engineering improvements, Regional Plan goals and policies, and City Council goals, especially the Livable Community goal to “Support the development of attainable and accessible housing.” Staff believes that the development of the property pursuant to this amendment will result in planning, safety, and other benefits to the City and its residents.
Community Benefits and Considerations:
The applicant identifies this project as a multiple family development which provides homeownership opportunities and much needed “Attainable Housing” for low income residents. The project includes four (4) for-sale housing units serving buyers who earn up to 100% AMI. The developer has agreed to not develop on the portion of the parcel designated as future ADOT ROW.  The proposed project facilitates efficient use of the current transportation corridors and contributes to the growth of a preexisting neighborhood. The required open space protects existing Ponderosa Pines on the site.
Community Involvement:
Inform. No public hearings or public outreach are required by the Zoning Code for the amendment to the Presidio in the Pines Development Agreement. However, the applicant will hold a neighborhood meeting and a public hearing before Planning and Zoning Commission as part of the Conditional Use Permit required for this development to proceed.
Attachments
Res. 2020-65
Development Agreement Amendment
Original Development Agreement & Presidio in the Pines Master Plan
Site Plan (PZ-19-00204-01)
Presentation


    

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