Public hearing followed by discussion and possible action regarding Rezoning Case No.2016-065. A request by Edais Engineering, Inc., on behalf of Nieves Riedel, Riedel Construction, Inc., owner, to rezone 27.58 acres, more or less, from Rural Area Residential (RA-10) to Medium Density Residential (R1-6) zoning district. Assessor Parcel ID #776-11-001 and Assessor Parcel ID #776-03-003 located south of County 22nd Street between the East Main Canal and Las Quintas De San Luis Subdivision. 

A. Open Public Hearing
B. Close Public Hearing
C. Action on Rezoning Case No. 2016-065

The subject properties are located to the east of the East Main Canal and south of Co. 22^nd Street. They are currently zoned as Rural Area Residential (RA-10).  The areas to the west, north and south are zoned as Rural Area Residential (RA-10) and are undeveloped and only the property to the west is being used for agricultural purposes.  The area to the east is zoned as Medium-High Density Residential (R-2) and is developed as single family homes (Las Quintas De San Luis and Bienestar Estates No. 7A Subdivisions).

A similar application for this project was submitted in 2014 (Rezoning Case No. 2014-0112), the Planning and Zoning Commission Recommended Approval but the project was withdrawn by the applicant before City Council could take action.

GENERAL PLAN:
This area is designated as Neighborhood in the City of San Luis 2020 General Plan. The activities proposed will be consistent with that designation (Chapter 2, Page 19-20). The Neighborhood Land Use designation allows all types of residential development.  

A development agreement for this project was previously agreed on and is attached. Some of the conditions that were agreed:

1. All houses and buildings to be single story not to exceed 15 feet at the roof line.
2. Owner to provide 50% of the cost of street lighting on the off-site road commonly known as Sidewinder Road.
3. Owner to redesign and rebuild County 22nd Street between Sidewinder Road and 10th Avenue in order to address visibility and safety concerns presented by the hill and curves in the road.
4. Owner to provide street lighting, curb, gutter and sidewalk on the road between Las Quintas Dos subdivision and 10th Avenue.     

The applicant has received a lot of interest for two story houses and would like to modify the restriction of single story houses in the subdivision. She is proposing to allow two story homes in the subdivision except for lots 1 thru 16. This would allow the developer to fulfill the demand for two story houses but will also ensure that the lots on the adjacent subdivision do not lose their view. 

AGENCY REVIEW:
As a part of the review process, all land use cases are reviewed by various City and outside agencies. We have received comments from the following agencies:

1. City of San Luis Fire Department (3-3-16)
2. Yuma County Water Users' Association (3-7-16)

As required by State Statue, staff sent notification letters to property owners within 300 feet of the proposed project (128 letters). The City has not received any other significant concerns or objections from the various review agencies or adjacent property owners. 

CITIZEN REVIEW:
As required by State statue (A.R.S. §9-462.03) and City of San Luis Zoning Ordinance (Section 3.0-C), a Citizen Review meeting was held at City Hall on April 5th. 
 
The purpose of the Citizen 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.
 
About 25 people showed up to the Citizen Review Meeting. There were questions about the size and prices of the homes, there was no opposition of the project. 

The applicant has provided the information and materials necessary for staff to make a recommendation of the Rezoning Request. 

Staff recommends APPROVAL of Rezoning Case No. 2016-065. The Approval is subject to the condition that applicant must negotiate a Development Agreement. 

The reason for approval is that the request meets the criteria of the City of San Luis Zoning Ordinance and is consistent with the City of San Luis 2020 General Plan.