14.B.
City Council Meeting - FINAL
- Meeting Date:
- 10/15/2013
- From:
- Mark Sawyers, Current Planning 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.
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:
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 orginal 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.
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 orginal 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 has not taken any previous action concerning the contract issues.
Options and Alternatives:
1. Adopt the agreement as presented.
2. Comply with the only remaining previous term of 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.
2. Comply with the only remaining previous term of 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.
Community Involvement:
No community involvement is needed for this contract. Public hearings will be conducted with the zoning amendment application
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