Discussion and possible action on any and all matters regarding a request to accept application for property concerning Rezoning Case No. 2018-0321 in accordance with City Code Section 152.042(I). (Item continued from January 8, 2019 Regular Commission Meeting)

A. Staff presentation
B. Action on Application Acceptance Request.

The rezoning request was made by Riedel Holdings LLC on behalf of Border Ranches AZ LLC, owner, to rezone 67.06 acres from Medium-High Density Residential (R-2) to Medium Density Residential (R1-6). The subject property is located in the east mesa of the City of San Luis on the northeast corner of County 24th Street and 20th Avenue (Assessor Parcel ID No. 227-10-009).

This property was rezoned to the current zoning (R-2) back in 2007 by Ordinance No. 250 with conditions, one of the conditions was to have land dedicated and developed for parks and recreation purposes, at no cost to the City.

The new application to rezone to R1-6 was presented to the Commission and the public hearing was held during their regular meeting of October 9, 2018. The Staff Report, Attachments and Meeting Minutes are attached to this report for reference. 

During the public hearing, staff recommendation was for the Commission to forward this case to the City Council with an approval recommendation subject to the condition that the developer negotiated a development agreement with staff before presenting it to City Council. 

The Planning and Zoning Commission forwarded this item to the City Council with approval recommendation subject to conditions as suggested by staff. 

Staff received a request from the applicant to withdraw the application on October 18, 2018.

In accordance with City Code Section 152.042(I) Subsequent applications, “In the event that an application for amendment is denied by the City Council or that the application is withdrawn after the Commission hearing, the Commission shall not accept another application for the same amendment within 12 months of the original hearing unless agreed to by a super majority three-fourths vote of the Commission.”

In this case the application for rezoning was withdrawn by the applicant after the public hearing of the Commission. Therefore the applicant has to wait 12 months (October 8, 2019) to resubmit the application, unless the Commission agrees to accept the application before said date. 

The applicant is requesting the acceptance of a subsequent application submittal before the 12 months required in order to continue with this project. 

This request is for the acceptance of the application only, not the actual rezoning. If the Commission accepts the application, the rezoning request will be presented to the Commission in another meeting for recommendation to City Council.