By Corina Vanek for Arizona Daily Sun
Now it’s in court.
After stops in the past year at the planning and zoning commission, the city council and the board of adjustment, the Hub will be in Coconino County Superior Court soon after neighbors and other opponents filed legal papers Friday (AZBEX, June 10, 2016).
Lawyers representing Stand Up for Flagstaff and 120 Cottage Place, LLC filed a complaint for special action, asking the court to reverse the decision of the Flagstaff Board of Adjustment in August to allow The Hub 2.0.
The arguments in the complaint are the same as the issues raised at the Board of Adjustment meeting, hinging on the building type and compatibility with the surrounding neighborhood. The complaint alleges that both city staff and the Board of Adjustment erred in their decision to approve the Hub based on those issues.
The Hub is a 591-bed apartment complex on 2.4 acres with frontage on Milton Road, Mike’s Pike and Phoenix Avenue.
The property falls under two transect zoning codes, called T4 and T5, that allow certain types of more dense development and fewer parking spaces. The appellants allege the Board and city staff made a mistake in allowing commercial block building in a T4 zone, where they say the city code does not allow it.
The complaint, filed by attorneys Colleen Maring and Whitney Cunningham of Aspey, Watkins and Diesel, contend both the city and the board did not have sufficient experience interpreting the transect code, which was approved by the City Council in 2011 but has had few applications.
Appellants also allege that Core Campus, the developers of The Hub, shirked the “open space” requirement by putting the “open space” in the middle of the land plot, surrounded on all sides by buildings, so an observer from the outside cannot see the designated open space.
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