City Council Meeting - FINAL

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Meeting Date: 11/01/2022  
From: Genevieve Pearthree, Senior Planner

Consideration and Approval of Final Plat: RP4V, LLC and RP40, LLC request approval of the Final Condominium Plat for Rio Homes Unit 4 Multi-Family (PZ-19-00019-09), a 40-unit multi-family residential condominium subdivision. The 3.71-acre site is located at 1221 E. Emma Drive in the MR, Medium Density Residential Zone, and has a Resource Protection Overlay (RPO). 
Approve the Final Plat and authorize the Mayor to sign the Final Plat when notified by staff that all documents are ready for signature and recordation.
Executive Summary:
A request for approval of the Final Condominium Plat for Rio Homes Unit 4 Multi-Family, a 40-unit residential condominium subdivision located on 3.71 acres. The site also contains parking and landscaping, in addition to six townhome units from a previous development plan. These condominiums are being platted on top of Tract B and Tract C of the Final Plat for Rio Homes Unit 4 Multifamily (case number PZ-19-00019-08), which governs the six existing townhome units on the site and the land underneath the townhome units. A concurrent amendment to the Final Plat for Rio Homes Unit 4 Multifamily is also being processed to allow for the 40 new units to be sold individually as condominiums (the amendment will erase the property lines for six townhome lots that were never developed and clarify parking/access between the townhome and condominium owners). 
Financial Impact:
No financial impacts are anticipated with this Final Plat.
Policy Impact:
No policy impacts are affiliated with this Final Plat.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Carbon Neutrality Plan
  • DD-1:  Encourage vibrancy, appropriate density, and attainability in existing neighborhoods, so that more residents live within walking distance of their daily needs.
PBB Key Community Priorities/Objectives
  • Robust Resilient Economy - Grow and strengthen a more equitable and resilient economy.
Regional Plan Policies and Goals
  • Policy LU.5.1. Encourage development patterns within the designated growth boundaries to sustain efficient infrastructure projects and maintenance.
  • Policy LU.5.2. Promote infill development over peripheral expansion to conserve environmental resources, spur economic investments, and reduce the cost of providing infrastructure and services.
  • Goal NH.1. Foster and maintain healthy and diverse urban, suburban, and rural neighborhoods in the Flagstaff region.
  • Policy WR.4.3. Development requiring public utility services will be located within the Urban Growth Boundary.
Has There Been Previous Council Decision on This:
  • 2002: City Council approved the Ordinance No. 2002-03, An Ordinance Authorizing the Sale of City Owned Real Property for Affordable Housing in the Rio Homes Development
  • 2005: City Council approved the Rio Homes Final Plat
  • October 20, 2020: City Council approved the to the Rio Homes Unit 4 Final Plat (first plat amendment)
  • July 7, 2022: City Council approved Preliminary Condominium Plat for Rio Homes Unit 4 Multi-Family (PZ-19-00019-06) and the Preliminary Plat for Rio Homes Unit 4 Multi-Family (PZ-19-00019-07; this is the concurrent second plat amendment).
Options and Alternatives:
  1. Approve the Final Plat with no conditions.
  2. Approve the Final Plat with conditions.
  3. Deny the Final Plat based on non-compliance with the Zoning Code, the Subdivision Code, and/or the Engineering Standards and Specifications for New Infrastructure.

Development History
The subject site is located at located at 1221 E. Emma Dr. on the north side of East Pine Knoll Drive and east of Lone Tree Road. The Rio Homes Unit 4 development was originally intended in the mid-2000s to be a cohousing type of community and included a larger parcel intended for a common house. The original 2005 subdivision plat proposed variety of detached and attached residential building types across 21 lots and 9 tracts. The only structures from the original development plan that were ultimately built were six townhome units, each with an associated detached garage (two of the garages have an accessory dwelling unit on the second floor).
A first amendment to the Rio Homes Unit 4 subdivision was approved by City Council in 2020 (and recorded in 2021) to allow for the development of 40 additional multi-family residential units.The amendment modified the 2005 plat to create 12 lots and 3 tracts to allow for the development of 40 multifamily residential units (rental apartments). It maintained the lot lines for the townhomes and garages that had already been developed but removed most of the lot lines that had not been developed. City staff approved the Site Plan for the 40 residential units on March 26, 2020 (Civil Plans were approved on July 10, 2020, and Building Permits were approved on November 11, 2021).
The developer has decided to turn the 40 multi-family residential units into condominiums so that they can be sold individually. The condominiums are located on Tracts B and C of the Final Plat for Rio Homes Unit 4 Multifamily. City staff administratively approved the Final Condominium Plat for Rio Homes Unit 4 Multi-Family on October 3, 2022.
The Final Plat for Rio Homes Unit 4 Multi-Family (a second amendment to the Rio Homes Unit 4 subdivision plat) is being processed concurrently with the Final Condominium Plat for Rio Homes Unit 4 Multi-Family.  The purpose of the concurrent amendment (case number PZ-19-00019-08) is to erase the property lines for four townhome lots that were never developed. The amendment also clarifies parking/access between the townhome and condominium owners.

Type of Plat
This application is for a condominium plat, which takes a multi-unit complex, such as the subject property, and creates the potential for individually owned units. The Final Plat delineates all the elements affiliated with the individual units. In this case, the units are defined as the airspace within each unit. The vertical boundaries start at the finish floor elevation (FFE) of each unit and extend to the ceiling of that unit. The horizontal boundaries start at the inside of the walls enclosing each unit. Decks, porches, external stairs, and parking spaces associated with specific units are also being platted as Limited Common Elements (LCEs). All areas outside of the units and the LCEs are platted as Common Elements (CEs).
The condominiums are also being platted on top of Tracts B and C of the Final Plat for Rio Homes Unit 4 Multi-Family. Tract A of the Final Plat for Rio Homes Unit 4 Multi-Family is not included in the Condominium Plat for Rio Homes Unit 4.
Key Considerations:
The City Council shall find the Final Plat meets the findings for approval, which is compliance with the following City Code sections:
  1. City Code Title 10, Flagstaff Zoning Code
  2. City Code Division 11-20, Subdivision and Land Split Regulations
  3. City Code Title 13, Engineering Design Standards and Specifications
Community Benefits and Considerations:
This Final Plat facilitates the addition of 40 new for-sale housing units to the existing six townhome units on the Rio Homes Unit 4 site. The new housing will be a mix of one-bedroom and two-bedroom apartments.
Community Involvement:
Inform. No public hearings or public outreach are required by either the Zoning Code or the Subdivision Code as part of a Final Plat subdivision review process.
Final Plat


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