The city of Sedona’s Planning and Zoning Commission approved a contested subdivision in West Sedona by a 4-1 vote on Oct. 18, despite concerns over safety, code variations and short-term rental use.
Commissioner George Braam voted against.
The Refuge at Sedona subdivision, proposed for 165 Golden Eagle Drive in West Sedona, passed its preliminary plat approval in a Planning and Zoning Commission hearing.
The Refuge will feature 11 home sites on 6.5 acres, giving it a density of approximately 1.7 units per acre. The lots are not yet for sale.
Planning & Zoning approved the plan after hearing concerns from commissioners and residents about only having a single entry and exit, one that is a narrow roadway with no sidewalks.
Additional concerns involved an existing wash proposed as a house site and access to a long-time public trail that cuts through the property.
The Homee Trail connects the end of Golden Eagle Drive to the U.S. Forest Service trails at Carroll Canyon, and for many in that area has been the most convenient way to access Sedona’s trail network for years.
Chris Tortorello, the landowner and developer, and his staff have since made adjustments to the plan to allow public access through the subdivision to the trail. While the subdivision is planned as a gated community, developers have stated that pedestrian access will not be restricted. This marks a change from the discussion at the Planning and Zoning Commission hearing held on Jan. 5, 2021, when the developers indicated that public access to the trail would be restricted to daytime hours only using a locking gate.
Further discussion revolved around the new subdivision’s covenants, conditions and restrictions, a set of rules that govern the uses of a particular piece of real estate within a community and are typically put in place by the developer. CC&Rs can govern things like short-term rental use for a subdivision.
During the Jan. 5 hearing, Tortorello had addressed the question of short-term rentals and CC&Rs: “My intent is not to develop CC&Rs that allow for VRBOs [vacation rentals by owner]. As much as I believe people have certain rights to do that, I don’t believe it’s really good for this particular community, it’s not something [that] would be in the best interest of my clients that I’ll be selling homes to.
“So, I’ll be restricting it in my CC&Rs … They’ll be strict, they will not allow nightly rentals,” Tortorello said.
At the recent hearing on Oct. 18, the commissioners brought up the question of CC&Rs and short-term rentals again.
“Do you intend to allow short-term rentals?” Vice Chairwoman Charlotte Hosseini asked Tortorello.
“I don’t really see much of a problem with [short-term rentals] personally,” Tortorello said. “I understand it is an issue for a lot of homeowners. All of the properties surrounding this property at any point can be short-term rentals and this subdivision is going to fit right in with what’s in the surrounding area … I personally can’t see restricting anything at this point since nothing has really been developed.”
Public comments expressed opposition to both the subdivision and the possible creation of more short-term rental properties.
Resident Maryanne Livingston stated that Tortorello’s wife, Beth Tortorello of Wise Choice Properties, was marketing the properties as luxury short-term rentals.
An Arizona MLS listing posted by Beth Tortorello in November 2021 read, “6.5 acres of pristine West Sedona land. Currently under review for a subdivision, but can be used for 1 acre estates, or your own 6.5 acre compound in the heart of Sedona. Borders Forest Service! Can be used for STR luxury homes, you can build 4 with no subdivision requirements. Create a high end lux community yielding $60,000 per month per home.”
Resident Mark Maddox voiced his frustration over the developer’s change in position on CC&Rs and short-term rentals.
“I was at the previous meeting, we heard a lot of assurances that Airbnbs and short-term rentals would be precluded, that the CC&Rs would be designed so that wouldn’t be allowed. I just want to point out how much of a rug pull this feels like,” Maddox said.
The subdivision’s preliminary plat was initially proposed for denial by Commissioner Braam based on the safety concerns surrounding the entrance to the subdivision; however, no other commissioner seconded the motion for a vote. The preliminary plat was then approved 4-1.
