Consideration and Approval of Consulting Agreement: With True Life Companies (TLC) D.B.A. Pine Canyon regarding change to zoning condition and disposition of fees.

Approve the Agreement between TLC PC Infrastructure, LLC and the City of Flagstaff, AZ and authorize the City Manager to sign the Agreement and any other necessary and appropriate documents; and authorize staff to take other actions as needed to further the Council direction.

In late 2012, the new owners of Pine Canyon (TLC Partners) have requested a change to general condition related to Ordinance 2000-11 that states “all private roads within the Development remain open to the public and never gated”.The agreement commits staff support to amend the rezoning ordinance to modify the gated provision. The zoning amendment process must be processed to the Planning and Zoning Commission and City Council through a public hearing process.
 
The agreement extends and modifies conditions, requirement and terms of the Development Agreement between the City of Flagstaff and the owners of Pine Canyon. The agreement expired on September 08, 2010.
 
The Agreement commits the City to erect and maintain a directional sign at the intersection of Lake Mary Road and John Wesley Powell.
 
The Agreement extends the transportation improvement contribution of $1,855.55 per lot for 10 additional years in Pine Canyon. The funds will be utilized for current or future transportation improvement associated with Pine Canyon. To date the City has collected approximately $800,000.00
 
The Agreement returns the Regional Park Funds the City collected (approximately $130,000) to TLC Partners. The funds were to be used on a new regional park to be located on Forest Service property along with property connected to the Ruskin land trade.
 
If the Council approves this Agreement, TLC will file an application to amend the zoning condition in an effort to modify general condition 8 of Ordinance 2000-11.

This agreement will extend the City’s collection of $1,855.55 per lot for 10 additional years related to transportation improvement associated with Pine Canyon. The City will return approximately $130,000 for funds collected for the Regional Park.

  Repair Replace maintain infrastructure (streets & utilities)

This Council has not taken any previous actions on this situation.

1. Adopt the agreement as presented.

2. Comply with the Development Agreement as written.  This would require the TLC to perform a revised transportation impact analysis to address any measurable impacts created by the development utilizing the transportation collected to date.  All Regional Park Recreation Fees would need to be reimbursed to the developer.

3.  Modify the agreement.

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