City Council Meeting - FINAL


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  11.C.       
Meeting Date: 05/17/2022  
From: Genevieve Pearthree, Senior Planner

Information
TITLE:
Consideration, and Adoption of Ordinance No. 2022-02:  An Ordinance of the City Council of the City of Flagstaff, amending the Flagstaff Zoning Map to rezone approximately 1.09 acres of real property generally located at 7000 North Highway 89, a portion of APN 301-50-005G, from the Highway Commercial (HC) zone with a Resource Protection Overlay (RPO) to the Rural Residential (RR) with a Resource Protection Overlay (RPO) with conditions, providing for severability, authority for clerical corrections, and establishing an effective date. (Flagstaff Rehab Campus Concept Zoning Map Amendment: Project Number PZ-20-00164-04).
STAFF RECOMMENDED ACTION:
1) Read Ordinance No. 2022-02 by title only for the final time
2) City Clerk reads Ordinance No. 2022-02 by title only (if approved above)
3) Adopt Ordinance No. 2022-02
Executive Summary:
Concept Zoning Map Amendment, by Flagland LLC, of approximately 1.09 acres located at 7000 North Highway 89 from the Highway Commercial (HC) zone with a Resource Protection Overlay (RPO) to the Rural Residential (RR) with a Resource Protection Overlay (RPO).  The Planning & Zoning Commission held a public hearing on this request on December 8, 2021.  In a 5-0 vote the Commission recommends that the City Council approve this request subject to the conditions as drafted by staff.

On February 1, 2022, the City Council directed the applicant to pursue a Development Agreement to require the parcel to develop in substantial conformance with the Concept Plan deemed “Complete with Conditions” by the City of Flagstaff Inter-Division Staff (IDS) on March 16, 2021 in Application No. PZ-20-00164-01. The applicant has submitted a draft Development Agreement for City Council consideration on this (May 17, 2022) City Council agenda.
Financial Impact:
No financial impacts are anticipated with this request.
Policy Impact:
There are no policy impacts affiliated with this request.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
  1. Safe & Healthy Community:
    • Foster a safe, secure, and healthy community
  2. Sustainable, Innovative Infrastructure
    • Support the community's social infrastructure needs; assist those partner organizations that provide services the City does not
  3. Robust Resilient Economy
    • Grow and strengthen a more robust, diverse, and resilient economy
  4. Livable Community
    • Create a welcoming community through partnerships, resilient neighborhoods, and civic engagement
    • Provide amenities and activities that support a healthy lifestyle
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 November 23, 2021.
Carbon Neutrality Plan
  • DD-2: Create inclusive networks for walking and biking that are continuous, attractive, safe, comprehensive, and convenient for people of all ages.
Has There Been Previous Council Decision on This:
On January 4, 2022, January 18, 2022, February 1, 2022, and April 19, 2022, the City Council held hearings to consider and adopt Ordinance No. 2022-01 to annex 10.05 acres of land, located at 7000 North Highway 89, and Ordinance No. 2022-02 to rezone 1.09 acres of the 10.05-acres from Highway Commercial (HC) to Rural Residential (RR) zoning to allow for an equine therapy facility.
  • On January 4, 2022, the City Council held a public hearing to consider the proposed annexation. 
  • On January 18, 2022, the City Council voted to read both ordinances by title only for the first time.
  • On February 1, 2022, the City Council voted to continue the second read of both ordinances until April 19, 2022, and directed the applicant to pursue a Development Agreement to require the parcel being annexed to develop in substantial conformance with the Concept Plan deemed “Complete with Conditions” by the City of Flagstaff Inter-Division Staff (IDS) on March 16, 2021 in Application No. PZ-20-00164-01.
  • On April 19, 2022, the City Council voted to continue the second read of the ordinances until May 17, 2022. The applicant has submitted a draft Development Agreement for City Council consideration, which is on this (May 17, 2022) City Council agenda under Resolution 2022-22.
Options and Alternatives:
1) Approve the Concept Zoning Map Amendment with the conditions as presented by Staff and as recommended by the Planning and Zoning Commission.
2) Approve the Concept Zoning Map Amendment with additional conditions, deleted conditions, or modified conditions.
3) Deny the Concept Zoning Map Amendment.

The Planning and Zoning Commission voted 5-0 to forward the Concept Zoning Map Amendment request with a recommendation of approval with the following conditions: 
  1. The subject property shall be developed initially in substantial conformance with the Concept Plan, Natural Resource Protection Plan, and project narrative including but not limited to the proposed density, intensity, and general layout of the site, deemed “Complete with Conditions” by the Inter-Division Staff (IDS) on March 16, 2021.
  2. The proposed Equestrian Recreational Facility will be an accessory use to the primary Custodial Care Use, shown in the Concept Plan as a mental behavioral health and substance abuse treatment campus.
  3. The proposed development shall obtain a Conditional Use Permit for the Equestrian Recreational Facility, as required by the Zoning Code, as a condition of Site Plan approval.
  4. The proposed development shall meet all requirements for the keeping of horses as stated in City Code Section 6-03: Animal Keeping.
  5. The proposed development shall meet all other requirements of the Zoning Code and other City codes, ordinances, and regulations.
  6. In the event the property is rezoned, and the developer fails to obtain final Civil Plan approval within two years of the effective date of the rezoning ordinance, then the City may schedule a public hearing before the City Council for the purpose of causing the zoning on the property to revert to the former classification of Highway Commercial (HC) with a Resource Protection Overlay (RPO) in accordance with A.R.S. § 9-462.01
Background/History:
The applicant, Flagland LLC, requests a Concept Zoning Map Amendment to rezone an approximately 1.09-acre section of a larger 10.05-acre parcel from Highway Commercial (HC) zoning to the Rural Residential (RR) zoning. This parcel is subject to a concurrent Annexation request (PZ-20-00164-03). Flagland LLC proposes to develop a mental behavioral health and substance abuse treatment campus and set aside two areas for future commercial development (conceptually shown as restaurant/café uses).
 
The purpose of the Concept Zoning Map Amendment is to allow the development of an equine therapy facility, which will be an accessory use to the larger campus and will be located on the northeastern portion of the site. Large livestock are not currently allowed in the HC zone per City Code Section 6-03-001-0003: Keeping of Livestock, but they are allowed in the RR zone, subject to specific rules and restrictions. Further, RR zoning permits an Equestrian Recreational Facility use with a Conditional Use Permit (CUP), subject to approval by the Planning and Zoning Commission. The facility will consist of an 1,800 square foot stable with a 700 square foot patio, and associated pasture/paddock area.

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 the construction plan and building permit review.  The Authorization to Rezone with a Concept Zoning Plan process allows the applicant to prepare a concept zoning plan and pursue Site Plan application after Council approves the Zoning Map Amendment. 

A Concept Zoning Plan should consist of a plan with proposed use(s), 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 reviews will only take place after the Zoning Map Amendment is approved. 
Key Considerations:
The word 'initially' has been added to approval condition #1 (recommended by staff and the Planning and Zoning Commission) to be consistent with the draft Development Agreement (Resolution 2022-22). 
Community Benefits and Considerations:
Community benefits and considerations related to this request are addressed in more detail in the attached Planning & Zoning Commission Staff Report, dated November 23, 2021. 
Community Involvement:
Public hearings before the Planning and Zoning Commission and City Council are conducted in conjunction with requests for a Concept Zoning Map Amendment.  In accordance with City Code, a notice of the public hearing was provided by placing an ad in the Arizona Daily Sun, posting at least one sign on the property, and mailing a notice to all property owners within 600 feet of the site (exceeding the 300-foot minimum notification area), and to the City’s “Registry of Persons and Groups.”  All notifications were completed at least 15 days prior to the first scheduled public hearing. A copy of the publication notice, pictures of the postings, a mailing list, and a copy of the mailing notice are included in the attached Public Participation Plan. 

The Planning and Zoning Commission held a public hearing on this application on December 8, 2021. The Commission recommended approval of the Concept Zoning Map Amendment by a unanimous vote (5-members present). No public comments were received. 

The applicant held a virtual neighborhood meeting on June 30, 2021 via Zoom as part of the Neighborhood Meeting public notification process required for Concept Zoning Map Amendments.  During the meeting the applicant provided background information about the project and answered questions posed by meeting attendees through the meeting chat or verbally. The applicant created a Record of Proceedings, which was provided to meeting attendees via hard copy mail and email in accordance with city code (and is included as part of the Public Participation Plan). Staff was subsequently contacted by three community members who requested additional information about the development.

Staff received one public comment following the February 1, 2022 City Council meeting. The comment is included at the end of the Public Participation Plan attached to this staff summary report. 
Attachments
City Council Presentation
Ordinance 2022-02
Exhibit A - Legal Description
Legal Ad
Vicinity Map
Zoning Vicinity Map
Concept Plan, Concept Plat, & Concept Zoning Map Amendment
Concept Building Materials, Elevations, Floor Plans, Civic Space
Project Narrative and Regional Plan Analysis
Public Participation Plan
NRPP for RR section
P&Z Staff Report


    

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