City Council Meeting - FINAL

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Meeting Date: 09/07/2021  
From: Tiffany Antol, Planning Development Manager

City Council Review of Conditional Use Permit: A Conditional Use Permit request from Miramonte Presidio LLC to establish a Planned Residential Development (PRD) on Tract M within the Presidio in the Pines master planned development was denied by the Planning Commission on August 25, 2021 by a 3-2 vote.  
Staff does not have a recommended action. If a majority of Council chooses to review the Conditional Use Permit, a public hearing will be noticed and the matter will be set before Council at a future date.  
Executive Summary:
Conditional Use Permit PZ-19-00204-03 was proposed to allow a Planned Residential Development consisting of 39 multi-family residential units on 2.77 acres located at 2940 S Woody Mountain Road within the Highway Commercial (HC) zone.

Pursuant to Section 10-20.80.030.G of the City of Flagstaff Zoning Code, within 10 days of the date of the Planning Commission's decision, any Councilmember may request of the City Manager that an action item to consider review of the decision be brought before the Council.  Upon receipt of the request to consider review, the City Manager shall place the item on the next regular or special Council meeting agenda for consideration.  If Council elects to review the decision by a majority vote of a quorum of the City Council, the Planning Commission's decision is stayed and such review will be treated as an appeal under this section and a hearing and decision must be rendered by City Council no later than 30 calendar days following the election to review.
Financial Impact:
Policy Impact:
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives

Create a welcoming community through partnerships, strong neighborhoods, civic engagement, and resident participation.

Support the development of attainable and accessible housing.

Regional Plan
Goal LU.4 Balance housing and employment land uses with the preservation and protection of our unique natural and cultural setting.
Previous Council Decision on This:
On May 18, 2004, the City Council approved Ordinance No. 2004-05 that rezoned approximately 91 acres of property from the Rural Residential (RR) Zone as follows:  approximately 77 acres to the High Density Residential (HR) Zone, approximately 1 acre to the Single-Family Residential (R1) Zone (formerly known as Urban Residential (UR) Zone), and approximately 13 acres to the Highway Commercial (HC) Zone (formerly known as Urban Commercial (UC) Zone).
On May 18, 2004, the City Council approved Resolution No. 2004-40 that entered the City into a Development Agreement that included the Presidio in the Pines Development Master Plan.  A copy of the recorded Development, with included Development Master Plan, is on file and available for inspection with the Community Development Department.  Subsequently, the Development Agreement has been amended four times by the City Council.  The most recent amendment entitled the “Fourth Supplement to the Development Agreement” was approved December 2, 2020. This amendment changed the required land use of Tract M from Church or other Community Use to allow for additional residential development.  This amendment consisted of three main points: 1) Tract M will be developed as for-sale, condominium, multi-family development as set forth in the approved Presidio in the Pines Tract M Site Plan, subject to the requirement for a Conditional Use Permit and other requirements of City Code; 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; and 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”).
The Final Plat of Presidio in the Pines, which included Tract M, was approved by the City Council and was recorded on May 19, 2005.  Development was anticipated to include 470 residential units, construction of the entire on-site private and public roadway system, construction of the required improvements to Woody Mountain Road, construction of the entire on-site public water and sewer systems, construction of the required off-site public water and sewer improvements, and construction of the entire stormwater detention system.
Options and Alternatives:
1.  The City Council may elect to review the Planning Commissions denial of CUP-19-00204-03 Presidio Tract M Conditional Use Permit.
2.  The City Council may elect not to review the Planning Commissions denial of CUP-19-00204-03 Presidio Tract M Conditional Use Permit.
City Council reviews the decision of the Planning Commission de novo and has the authority, after a hearing, to affirm, reverse, or modify conditions of the conditional use permit.  Once Council decides to review a decision of the Planning Commission, any action on the associated development is suspended until the appeal is processed and a final decision is rendered, unless otherwise specified in the Zoning Code.  


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