Discussion on any and all matters regarding Rezoning Case No. 2016-066 for proposed subdivision known as Bienestar 9A Phase 2. (John Starkey, Zoning Administrator)

A request by Vega & Vega Engineering, PLC, on behalf of Comité De Bienestar Inc., owner, to rezone approximately 29 acres from Medium-High Density (R-2) to Medium Density Residential (R1-6) zoning district. Assessor Parcel ID #777-54-243 located on the southwest corner of Avenue E ½ & County 23 ½ Street.

The subject property is located in the east mesa of the City of San Luis. Bienestar 9A Phase 1 is located to the west of the proposed rezoning; it is zoned as Medium-High Density (R-2) and is developed as single family dwelling units. Property to the east and south are also zoned as R-2 and is undeveloped land. Property to the north is part of Yuma County and is undeveloped land. 

The preliminary plat for Bienestar Estates 9A Phase 1 and Phase 2 were approved at the same time back in 2007. Phase 1 was developed but not Phase 2. As per Section 5.1-3 of the CIty of San Luis Subidivison Regulations the Phase 2 preliminary plat approval expired in 2010. "If the sub-divider fails to record a final plat for any phase of the preliminary plat within three years, or any succeeding phase within three years of the previous phase, the preliminary plat approval will expire unless the subdivider applies for and receives an extension from either the Commission or the Council."

As an effort to alleviate the demand for bigger houses, this year City Council approved Ordinance No. 347, an ordinance to set up the minimum lot size to 6,000 sq. ft. for new residential subdivisions. 

The reason for the rezoning request is that the property is zoned as Medium-High Density (R-2) which does not allow construction of single detached dwellings. The appropriate zoning for the construction of this subdivision is the requested, Medium Density Residential (R1-6) zoning district. 

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 fromt he following agencies:

1. City of San Luis Fire Department (3-3-16)
2. Yuma County Airport Authority (3-9-16)

As required by State Statue, staff sent notification letters to property owners within 300 feet of the proposed project (55 letters). The City has not received any other significant concerns or objects 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 three people showed up to the Citizen Review Meeting regarding this rezoning. The main question was the sequence of construction of the lots. The property owners of adjacent lots were worried that with the movement of land, desert animals will go into their property creating a hazard for their children. 

PLANNING AND ZONING COMMISSION MEETING:
The Planning and Zoning Commission held a public hearing for this item at their regular meeting of April 12, 2016. Two people from the public expressed their concern regarding desert animals, especially snakes,  moving to their properties. The developer mentioned that during construction they could use a temporary protective fence, but once the infrastructure is developed the fence would be removed. The Commission recommended approval of the rezoning request.