Public hearing followed by discussion and possible action on any and all matters regarding Rezoning Case No. 2020-092. A request by Comite de Bienestar Inc., on behalf of LPB Durham Partners Limited Partnership, owners, to rezone 14.4 acres from Rural Area Residential (RA-10) to High Density Residential (R-3) zoning district for property located west of 4th Avenue and 1/4 of a mile north of Union Street. 

A. Open public hearing B. Close public hearing
C. Action on Rezoning Case No. 2020-092

This item is a request by Comite de Bienestar Inc. on behalf of LPB Durham Partners Limited Partnership, owners, to change the zoning of approximately 14.4 acres from Rural Area Residential (RA-10) to High Density Residential (R-3) zoning district. The property is located west of 4th Avenue and 1/4 of a mile north of Union Street, PID #77-14-206, San Luis, Arizona. 

The property to the north is zoned as Medium-High Density Residential (R-2) and is constructed as a single family residential subdivision known as Las Brisas Subdivision. Properties to the west and south are zoned as Rural Area Residential (RA-10), property to the west is vacant land and property to the south is developed as an elementary school and partially vacant land. Property to the east, across 4th Avenue is also zoned as Rural Area Residential (RA-10) is currently used as the yard for City of San Luis Public Works. 

The current zoning of the project property is Rural Area Residential (RA-10) which allows for agricultural uses and only one dwelling unit per every 10 acres of land. The proposed zoning district is High Density Residential (R-3). The purpose of the R-3 zoning district is to provide for high-density attached residential developments; it is intended that this district accommodates multi-story residential and exceptional amenities. The maximum density allowed is 20 dwelling units per acre; in this case, the maximum number of dwelling units allowed is 288 units. In addition to the density, this project must comply with all applicable regulations of the city, including covered parking and landscape. 

GENERAL PLAN:
The current General Plan for this parcel is Activity Center designation. The Activity Center designation is intended for commercial services that conveniently serve the nearby residential areas and residential development of higher densities only. The proposed use is consistent with the general plan land use designation. 

COMMENTS:
As required by State Statute, this request was referred to all relevant government agencies for review. We have received comments from the following agencies:

1. City of San Luis Fire Department (2-25-20)
2. Yuma County Water Users' Association (2-25-20)

As required by State Statute, staff sent notification letters to property owners within 300-feet of the proposed project (58 letters).

The city has not received any other significant concerns or objections from the various review agencies or adjacent property owners. 

CITIZEN REVIEW MEETING:
The Citizen Review Meeting was held on March 3, 2020, at San Luis City Hall Council Chamber at 6:00 p.m. The intent of this meeting was to allow the public to learn about the project, ask questions and express comments. There were no members of the public present. 

DEVELOPMENT AGREEMENT:
A development agreement was approved by City Council on June 28, 2006 by Resolution No. 675. An agreement between LPB Durham Partners Limited Partnership and the City of San Luis in regard to the project property. The development agreement expires on the year 2026. As per Section 2.2 of said agreement, the city approved and supported the concept of the property being developed either as high density residential development which may be either apartments, condominium development, or as a residential subdivision, or a combination thereof, developed for commercial uses, or developed as a combination of high density residential and commercial development.

Furthermore, the city agreed that, upon developer's request to rezone the property to high density residential zoning, commercial or a combination of high density residential and commercial. The proposed rezoning is for R-3 zoning which is a high density residential zoning district therefore it meets the development agreement criteria. Developer must comply with all other special provisions or conditions of said agreement. 

As per Resolution No. 675, staff recommends approval of Rezoning Case No. 2020-092.  Developer must comply with all applicable provisions or conditions of the development agreement approved by Resolution No. 675.