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PLANNING & ZONING
AGENDA ITEM REVIEW FORM
5.A.
Planning & Zoning Commission Meeting-CANCELLED
Meeting Date:
11/08/2016
Submitted By:
Jose A. Guzman, Assistant Planner, Planning & Zoning Department

ITEM:

Discussion and possible action on any and all matters regarding Subdivision Case No. 2016-0517F. A request by Vega & Vega Engineering, PLC, on behalf of Comite De Bien Estar Inc., for the Final Plat approval for Bienestar Estates 9A Phase 2. The property is located on the southwest corner of Avenue E 1/2 and County 23 1/2 Street.

BACKGROUND:

This subdivision will contain approximately 29 acres and is proposed to be divided into 130 lots ranging in size from approximately 6,000 square feet to 9,828.19 square feet. The subject property is located in the east mesa of the City of San Luis, Assessor's Parcel No. 777-54-243, and is zoned as Medium Density Residential (R1-6) .

Bienestar 9A Phase 1 is located to the west of the proposed location; it is zoned as Medium-High Density (R-2) and is developed as single family homes. Properties to the east and south are also zoned as Medium-High Density (R-2) and are undeveloped land. Property to the north is part of Yuma County and is undeveloped land.

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

AGENCY REVIEW:
As 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 (10-18-16)
2. Yuma County Airport Authority (10-18-16)
3. Comments from staff attached to the Conditions of Approval (11-3-16)

The City has not received any other significant concerns or objects from the various review agencies. 

ANALYSIS:
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 5.1-2 of the City of San Luis Subdivision 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 3 years of the previous phase, the preliminary plat approval will expire unless the subdivider applies for an receives an extension from either the Commission or the City Council.”  

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

The property was previously zoned as Medium-High Density(R-2) which did not allowed construction of single detached homes. In order to do this subdivision, the owner rezoned (Rezoning Case No. 2016-066)  the property to Medium Density Residential (R1-6)  back in May of this year.

Improvement Districts are required for all new subdivisions:
  • Street Light Improvement District (Subdivision Regulations Section 3.17-5)
  • Community Facilities District (Subdivision Regulations Section 3.17-6)
  • Enhanced Municipal Services District (Subdivision Regulations Section 3.17-7)
These three documents are required at the time of the Final Plat. The Improvement Districts shall be written to incorporate the entire subdivision as shown in the Preliminary Plat and will be recorded in conjunction with the Final Plat. The various Improvement Districts will not be activated until needed but they must be put into place at the time of recording the Final Plat. 

In August 2007, Resolution No. 748 was approved by City Council ordering and declaring the formation of East San Luis Community Facilities District. Bienestar 9A Phase 1 and 2 are part of this district, so this covers the requirement for Community Facilities District. 

As for the Street Lighting and Enhanced Municipal Services Improvement Districts for Bienestar 9A Phase 2 were approved back in 2009 (Resolution No. 847 and 857 respectively). Due to time of approval, changes in design, rezoning, staff will double check with the City Attorney whether or not those districts are still valid. 

SUMMARY:

The applicant has substantially provided the information and materials necessary for review of the Final Plat for Bienestar 9A Phase 2 Subdivision. 

Staff recommends APPROVAL of the Final Plat subject to the following conditions:
1. Applicant must correct, as noted in the Conditions of Approval, the comments attached prior to scheduling a meeting to present the Final Plat before the City Council. 

RECOMMENDED MOTION:

I move to forward Bienestar 9A Phase 2 Subdivision with a APPROVAL recommendation to the City Council. Recommendation subject to the attached Conditions of Approval. 

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