Public hearing followed by discussion and possible action on any and all matters regarding Rezoning Case No. 2016-065, and First Reading of Ordinance No. 351. An ordinance of the Mayor and 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 approximately 28.76 acres located south of County 22nd Street between the East Main Canal and Las Quintas de San Luis Subdivision from Rural Area Residential (RA-10) to Medium Density Residential (R1-6); repealing any conflicting provisions; and providing for severability. (John Starkey, Zoning Administrator)

A. Open public hearing
B. Close public hearing
C. Action on First Reading of Ordinance No. 351 by title only

A request by Edais Engineering, Inc., on behalf of Nieves Riedel, Riedel Holdings,L.L.C., owner, to rezone 27.58 acres from Rural Area Residential (RA-10) to Medium Density Residential (R1-6) Zoning District. The area to be rezoned shall include Assessor Parcel ID # 776-11-001 and Assessor Parcel ID # 776-03-003, San Luis, Arizona.  

The subject properties are located to the east of the East Main Canal and County 22nd 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in 2014 (Rezoning Case No. 2014-0112), the Planning and Zoning Commission Recommended Approval but the project was withdrawn by the applicant before City Council could take action.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.
 

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

As required by State Statute, staff sent notifications 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 Statute (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 5, 2016. 

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 applications 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 houses, there was no opposition of the project.

ANALYSIS:
A development agreement for this project was previously agreed in 2014. Some of the conditions that were agreed were:

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 create a street lighting district for the subdivision of the rezoned parcels and provided 50% of the cost of street lighting on the off-site road commonly known as Sidewinder Road.
4. 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. The redesign will comply with the engineering comments of Douglas J. Nicholls, PE in his November 4, 2014 letter to the City.
5. Owner to provide street lighting, curb, gutter and sidewalk on the road between Las Quintas de San Luis II 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 initially proposed to allow two story homes in the subdivision except for lots 1 thru 16. Staff agreed on this as it 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.  Zoning Administrator John Starky suggested one story houses on lots 1 through 37 and the applicant agreed.

A new development agreement has been created by staff and is attached to the report. The development agreement includes the following conditions:

1. Owner agrees all houses and buildings located in lots 1 thru 37, to be single story not to exceed 15 feet at the roof line.
2. Owner agrees to provide 50% of the cost of street lighting on the off-site road commonly known as Sidewinder Road.
3. Owner agrees to create a street lighting district for the subdivision of the rezoned parcels and provided 50% of the cost of street lighting on the off-site road commonly known as Sidewinder Road.
4. Owner agrees 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. The redesign will comply with the engineering comments of Douglas J. Nicholls, PE in his November 4, 2014 letter to the City.
5. Owner agrees to provide street lighting, curb, gutter and sidewalk on the road between Las Quintas de San Luis II subdivision and 10th Avenue.

PLANNING AND ZONING COMMISSION MEETING:
The Planning and Zoning Commission held a public hearing for this item on their regular meeting of April 12, 2016. The Commission recommended approval of the request with the condition that the developer must negotiate a Development Agreement with the City of San Luis. 

CITY COUNCIL WORK SESSION
A City Council Work Session was held on April 20, 2016.  City Council had a positive response to the idea of single story homes on lots 1 thru 37.

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

Staff recommends approval of First Reading of Ordinance No.351 by title only. Rezoning Case No. 2016-065 for 27.58 acres located south of County 22nd Street between East Main Canal and Las Quintas De San Luis Subdivision from Rural Area Residential (RA-10) to Medium Density Residential (R1-6) and amending the zoning map to conform thereto, subject to terms and conditions contained in the Development Agreement proposed by city staff.