Consideration and Approval of a Preliminary Plat: for Miramonte Homes, Tract B of Presidio in the Pines, a subdivision of 14 single-family, residential townhomes on approximately 1.65 acres located at 2700 S Presidio Drive South, within the Highway Commercial (HC) Zone.

The City Councill will find the Planning and Zoning Commission recommendation to approve the proposed Preliminary Plat, which meets the requirements of the Zoning Code (City Code Title 10), the Subdivision Code (City Code Title 11), and the Engineering Design Standards and Specifications for New Infrastructure (City Code Title 13).

No financial liabilities are anticipated by the approval of this Preliminary Plat.

Retain, expand, and diversify economic base

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 (formally known as the Urban Residential (UR) Zone), and approximately 13 acres to the Highway Commercial (HC) Zone (formally known as the Urban Commercial (UC) Zone).

On May 28, 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 Agreement, with included Development Master Plan is on file and available for inspection with the Community Development Department.  Subsequently, the Development Agreement has been amended three times by the City Council.  The most recent amendment entitled the Third Supplement to the Development Agreement is dated August 2, 2012.

The Final Plat of Presidio in the Pines, which included Tract B, 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.

A Commercial Tentative Plat of Tract B was approved by the City Council on December 6, 2005.  Development was anticipated to include 15 commercial condominiums totaling 16,111 square feet and 26 residential loft condominiums.  A final plat was never pursued, thus rendering the tentative plat expired in accordance with Section 11-20.60.040 of the Subdivision Code.

1.  Approve the Preliminary Plat as recommended by the Planning and Zoning Commission.
2.  Approve the Preliminary Plat subject to no conditions, additional conditions, or modified conditions.
3.  Deny approval of the Preliminary Plat based on non-compliance with the Zoning Code, the Subdivision Code, and/or the Engineering Design Standards and Specifications for New Infrastructure.

The Applicant, Mogollon Engineering and Surveying, Inc., is requesting Preliminary Plat approval to permit 14 single-family residential townhome lots on 1.65 acres.  The site is located within the Presidio in the Pines master planned development and is currently zoned Highway Commercial (HC) with a Regional Land Use and Transportation Plan (RLUTP) designation of Mixed Use.

Presidio in the Pines was planned and developed using the Traditional Neighborhood District (TND) standards found within the previous Land Development Code.  When the Zoning Code was adopted, the TND standards were carried forward in the form of transect zones.  While townhomes are not specifically permitted within the HC zone, they are permitted as part of a Planned Residential Development (PRD) with the issuance of a Conditional Use Permit (CUP), which was approved by the Planning and Zoning Commission on August 14, 2013 with a condition that the CUP not be executed until a Final Plat is approved and recorded.  The Zoning Code established the PRD as a mechanism to allow the development of specific transect zone building types (i.e., townhouse, duplex, courtyard apartments, etc.) in non-transect zones.  These specific building types, however, are dependent on transect development standards.  As such, this development proposes the use of the T4 Neighborhood 2 (T4N2) transect zone development standards.

All other substantive issues relating to this item are included with the applicable report to the Planning and Zoning Commission dated July 25, 2013 and attached.

The existing site zoning allows the proposed subdivision.  No public hearings are required as part of a subdivision plat review.

During the public hearing for the accompanying Conditional Use Permit (PCUP2013-0004), Mr. Lyman Grover, a resident of Kit Carson R.V. Park, expressed his concern about the severe flooding of the park that he believes is a direct result of runoff from the Presidio in the Pines development.  Stormwater staff made contact with Mr. Grover and staff provided assurance that all stormwater facilities at Presidio have been constructed according to the approved plans and standards.