Consideration and Approval of a Preliminary Plat request from Mogollon Engineering & Surveying, Inc., on behalf of Pinnacle 146 LLC, for a subdivision of approximately 18.59 acres into 106 single-family residential townhouse lots located at 800 E Sterling Lane within the Medium Density Residential (MR) zone.

The City Council shall find, based on a recommendation from the Planning and Zoning Commission, that the proposed Preliminary Plat meets the requirement 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).

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In August of 1998, the City Council approved Ordinance No. 1976 that conditionally rezoned the site from Rural Residential (RR) to Medium Residential (MR) for the development of an affordable residential townhouse project consisting of 548 units called Zuni Heights. Concurrently, the Growth Management Guide 2000 land use designation for the site was amended from Medium Density Residential to High Density Residential in order to support the increase in density. Subsequent to the approval of Growth Management Guide amendment and rezoning, platting was not pursued and the site was never developed.

On March 7, 2005, the City Council approved Resolution No. 2005-15 approving a Development Agreement between the City and developer, Resolution No. 2005-16 that amended the Flagstaff Area Regional Land Use and Transportation Plan land use designation for the site from High Density Residential to Medium Density Residential in order to support a reduced density, Ordinance No. 2005-05 that modified the conditions of Ordinance No. 1976 for the development of a single-family residential townhouse project consisting of 206 units called Pinnacle Pines, and a tentative plat for Unit 1 of the subdivision.

1. Approve the Preliminary Plat with the following condition as recommended by the Planning and Zoning Commission:
   1. The developer shall provide additional mitigation of the impact of Silver Lane to adjoining properties.
2. Approve the Preliminary Plat with no conditions, modified conditions, or additional conditions.
3. Deny 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.

Pinnacle 146, LLC (the “Owner”) is the property owner of record of approximately 18.59 acres located at 800 E Sterling Lane within the Pinnacle Pines townhouse subdivision (the “Subject Property”). The proposed preliminary plat subdivides the Subject Property into 106 single-family residential townhouse lots. This is the second phase of the Pinnacle Pines townhouse subdivision. The first phase, Unit 1, is nearing build-out with 102 single-family residential townhouse lots on approximately 22 acres.

The Pinnacle Pines Unit 1 Final Plat, a copy of which is attached, created 102 single-family residential townhouse lots and identified the area that is currently intended for development of Unit 2 as Tract 15 with a note that it was to be retained by the owner/developer for future development. As part of the Development Agreement associated with the rezoning, it was agreed that secondary access to the site shall be provided through a “Southerly Access” to John Wesley Powell Boulevard prior to or concurrent with the platting and construction of the 103rd residential lot. The “Southerly Access” was proposed in one of two locations. The first, and most preferred, option was through the Forest Service land to the south as part of a land trade to create a Regional Park. Unfortunately, the land trade was never completed and the Regional Park designation on the land has since been removed. The second option was through Tract 7 at the southwest corner of Unit 1. While not explicitly depicted on the final plat as a potential location for the “Southerly Access,” it was noted that a private roadway easement was reserved across Tract 7. Civil Improvement Plans for the construction of the “Southerly Access” have been submitted to the City and are currently under review. Approval of the Civil Improvement Plans and commencement of construction must occur prior to or concurrent with the final platting of Phase 1 of Unit 2.

Inform.  The existing zoning of the Subject Property allows for the proposed subdivision. No public hearings or public outreach are required by either the Zoning Code or the Subdivision Code as part of a preliminary plat review process. As of this writing, staff has received 7 e-mails, copies of which are attached, primarily expressing concerns over the location of the secondary access through Tract 7 of Unit 1. It is the understanding of staff that the Owner has reached out to the residents of Unit 1 through the Homeowners Association to discuss the project and the need for the secondary access.