Continued public hearing followed by discussion and possible action on any and all matters regarding Rezoning Case No. 2020-092 and Ordinance No. 397. An ordinance of the Mayor and City Council of the City of San Luis, Arizona, amending the official zoning map of the City of San Luis by changing the zoning classification of 14.4 acres from Rural Area Residential (RA-10) to High Density Residential (R-3) for property located west of 4th Avenue and 1/4 of a mile north of Union Street. (Jose A. Guzman, Director of Planning and Zoning)

A. Continue public hearing B. Close public hearing
C. Action on Ordinance No. 397

This item is a request by Comite de Bienestar Inc. on behalf of L.P.B. 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, P.I.D. #775-14-206, 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 the 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. 

AGENCY REVIEW:
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.

CITIZENS REVIEW MEETING:
As required by State Statute (A.R.S. § 9-462.03) and City Code (§152.040(C)), a Citizens Review meeting was held at City Hall on March 3, 2020.

The purpose of the Citizens Review Meeting is to provide adjacent landowners and other potentially affected citizens an opportunity to ask questions and express any issues or concerns that they may have with the proposed rezoning or specific plan application prior to the public hearing.  There were no people from the public present.

PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission held a public hearing regarding this item on their regular meeting of March 10, 2020, at the San Luis City Hall Council Chambers. The Commission recommended approval of Rezoning Case No. 2020-092 as presented by staff. 

ANALYSIS:
A development agreement was approved by City Council on June 28, 2006, by Resolution No. 675. An agreement between L.P.B. Durham Partners Limited Partnership and the City of San Luis in regard to the project property. The development agreement expires in 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 the 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. The developer must comply with all other special provisions or conditions of said agreement. 

STAFF RECOMMENDATION:
As per Resolution No. 675, staff recommends approval of Rezoning Case No. 2020-092 and approval and adoption of Ordinance No. 397 subject to the following conditions:

1. The developer must comply with all applicable provisions or conditions of the development agreement approved by Resolution No. 675.
2. Right-of-way will need to be dedicated for 4th Avenue along the east side of the property. This roadway will need to be improved during the development of the property.
3. Right-of-way may need to be dedicated for County 22 1/2 Street along the north side of the property. (This street cannot be extended to the west, and so it may be acceptable that this street be left as a private street unless the property is subdivided later and then it could be dedicated at that time.)
4. The applicant will work with the city and owner of the landlocked property to the west to provide access, as mentioned in the development agreement. 
5. Sewer system improvements during future development may require an extension of a gravity main to County 22nd Street. If feasible to connect to the existing sewer system in Las Brisas Subdivision, a capacity analysis of that system will be required.