15.B.
City Council Meeting - FINAL
- Meeting Date:
- 06/03/2014
- Co-Submitter:
- Kevin Burke, City Manager
- From:
- Stephanie Smith, Assistant to City Manager
Information
TITLE:
Consideration and Approval of Agreement: With True Life Companies (TLC) D.B.A. Pine Canyon regarding a modification of an existing zoning condition and disposition of fees. (Approve the Agreement between TLC PC Infrastructure, LLC and the City of Flagstaff which requires final Council approval for General Condition 8 Amendment on or before September 1, 2014.)
RECOMMENDED ACTION:
-
Approve the Agreement between TLC PC Infrastructure, LLC and the City of Flagstaff and authorize the Mayor to sign the Agreement and any other necessary and appropriate documents; authorize staff to take other actions as needed to further Council direction.
Policy Decision or Reason for Action:
Section 6 of this Agreement requires final Council approval for General Condition 8 Amendment on or before September 1, 2014. This is the only modification from the 2013 Pine Canyon Agreement approved by Council on October 15, 2013.
In late 2012, the new owners of Pine Canyon (TLC Partners) requested a change to a 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 during night time. The zoning amendment process must be proposed to the Planning and Zoning Commission and City Council through a public hearing process. The agreement commits the parties to the following:
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 developers transportation improvement contribution of $1,855.55 per lot for 10 years within Pine Canyon. The funds will be utilized by the City 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 from the previous expired Development Agreement with Pine Canyon per the terms in the original development agreement. These funds were to be used on a new regional park to be located on Forest Service property at Lake Mary and John Wesley Powell Blvd that was connected to the Ruskin land trade which was not approved by Congress.
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.
In late 2012, the new owners of Pine Canyon (TLC Partners) requested a change to a 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 during night time. The zoning amendment process must be proposed to the Planning and Zoning Commission and City Council through a public hearing process. The agreement commits the parties to the following:
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 developers transportation improvement contribution of $1,855.55 per lot for 10 years within Pine Canyon. The funds will be utilized by the City 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 from the previous expired Development Agreement with Pine Canyon per the terms in the original development agreement. These funds were to be used on a new regional park to be located on Forest Service property at Lake Mary and John Wesley Powell Blvd that was connected to the Ruskin land trade which was not approved by Congress.
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.
Financial Impact:
This agreement will collect $1,855.55, per lot, for 10 years for transportation improvement associated with Pine Canyon. The City will return approximately $130,000 in funds collected for the Regional Park from the previous expired Development Agreement.
Connection to Council Goal:
11. Effective Governance
Has There Been Previous Council Decision on This:
This Council approved the 2013 Pine Canyon Agreement on October 15, 2013.
Options and Alternatives:
1. Adopt the agreement as presented.
2. Modify the agreement.
2. Modify the agreement.
Community Involvement:
No community involvement is needed for this contract. Public hearings will be conducted with the zoning amendment application
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