Public hearing followed by discussion and possible action on any and all matters regarding Rezoning Case No. 2023-0214. A request by Edais Engineering, on behalf of Riedel Holdings, LLC, to amend the conditions on Medium-Density Residential (R1-6) zoning, as approved by Ordinance No. 400, for property located between 6th Avenue and 8th Avenue north of Bienestar Estates #5 and south of the East Main Canal in San Luis, Arizona.

A. Open public hearing

Ordinance No. 400 was approved by City Council on August 12, 2020, changing the zoning classification of 15.1 acres of Rural Area Residential (RA-10) to Medium-Density Residential (R1-6). This approval is subject to conditions as shown in attached Ordinance No. 400. The purpose of R1-6 zoning district is to provide for detached single residence development on urban sized lots in areas where adequate public facilities and services are available. The request is to seek the removal of condition No. 2 as stipulated in Ordinance No. 400, which reads as follows:

      2. "A full-length street shall be constructed between 6th Avenue and 8th Avenue as part of the development of this property."

The purpose of this request is that the applicant intends to develop a residential subdivision called Esperanza Estates. The subdivision will be designed as a private gated community, and the conceptual plans show a total of 30 lots with access exclusively from 8th Avenue.

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 Public Works Department (6-30-23)
2. City of San Luis Fire Department (7-7-23)

As required by State Statute, staff sent notification letters to property owners within 300-feet of the proposed project (62 letters).

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

CITIZEN REVIEW MEETING:
As required by State Statute and the City Code, a Citizen Review Meeting was held at City Hall on Thursday June 29, 2023, at 5:00 p.m. The intent of this meeting was to allow the public to learn about the project, ask questions and express any comments. Only one person from the public was present and had no comments or questions neither did the city received any comments or questions prior to the meeting. The applicant has provided the information and materials necessary for the review of the rezoning request.

STAFF RECOMMENDATION:
The original purpose of the condition for the road connection was for emergency vehicle access and street connectivity. Since this development is proposed to be a gated community, the removal would be acceptable as long as it addresses the concerns of the Fire Department regarding the second access. Therefore, if the condition is removed staff recommends that the applicant addresses the following comments prior to presenting this item to City Council:

1. Applicant to address the following comment from City of San Luis Fire Department dated July 7, 2023:
   • The City of San Luis Fire Department has concerns with no second means of ingress/egress for this subdivision design. Without a second means of ingress/egress our emergency response times, to this proposed subdivision, will be hampered which does not serve the potential lot owners with the best emergency service the City of San Luis has to offer. Can the Developer work out a solution with the Yuma County Water Users to possibly create an emergency access from 6th Avenue to the west end of the proposed cul-de-sac? If this solution cannot be obtained, then the City of San Luis Fire Department will require fire hydrant spacing every three hundred feet and larger infrastructure for more water capacity.
2. Applicant to address the following comments from City of San Luis Public Works Department dated June 30, 2023:
   • Proposed plan does not meet our subdivision regulations Section 3.30.  
   • Sewer shall be a gravity system connection.