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PLANNING & ZONING AGENDA ITEM REVIEW FORM |
5.A.
Planning & Zoning Commission Meeting
- Meeting Date:
- 05/14/2019
- Submitted By:
- Jose A. Guzman, Director of Planning & Zoning, Planning & Zoning Department
ITEM:
Discussion and possible action on any and all matters regarding Subdivision Case No. 2019-0114F. A request by Vega and Vega Engineering, PLC, on behalf of Comite de Bienestar Inc., property owner, for the final plat approval for Bienestar Estates 10 Subdivision. The property is located on the southeast corner of Avenue F and County 24th Street, San Luis, Arizona.
A. Staff presentation
B. Action on Subdivision Case No. 2019-0114F
A. Staff presentation
B. Action on Subdivision Case No. 2019-0114F
BACKGROUND:
This item is a request by Vianey R. Vega P.E. of Vega & Vega Engineering, PLC, on behalf of Comite de Bienestar Inc., owner, for approval of the final plat for construction of residential subdivision to be called Bienestar Estates 10.
The subject property is located on the east mesa of the City of San Luis on the southeast corner of Avenue F and County 24th Street. Santa Cecilia No. 1 and Santa Cecilia No. 2, two single-family residential subdivisions under construction, are located north of the proposed rezoning. To the west and south there is undeveloped land zoned as Rural Area Residential (RA-10). Adjacent to the east is vacant land recently rezoned from Light Industrial to Residential.
The proposed subdivision consist of approximately 40.91 acres and is proposed to be divided into 163 lots and 2 tracts, one tract for future commercial development and the other tract to be dedicated to the City for stormwater retention. The lots ranging in size from approximately 6,022.96 square feet to 10,150.51 square feet.
GENERAL PLAN UPDATE:
This area is designated as Neighborhood and Activity Center in the City of San Luis 2020 General Plan. The activities proposed will be consistent with those designations (Chapter 2, Page 19-21). The Neighborhood designation allows all types of residential development and the Activity Center Designation allows for residential and commercial development.
AGENCY REVIEW:
As part of the review process, all land use cases are reviewed by various City departments and outside agencies. We have recieved comments from the following agencies:
The subject property is located on the east mesa of the City of San Luis on the southeast corner of Avenue F and County 24th Street. Santa Cecilia No. 1 and Santa Cecilia No. 2, two single-family residential subdivisions under construction, are located north of the proposed rezoning. To the west and south there is undeveloped land zoned as Rural Area Residential (RA-10). Adjacent to the east is vacant land recently rezoned from Light Industrial to Residential.
The proposed subdivision consist of approximately 40.91 acres and is proposed to be divided into 163 lots and 2 tracts, one tract for future commercial development and the other tract to be dedicated to the City for stormwater retention. The lots ranging in size from approximately 6,022.96 square feet to 10,150.51 square feet.
GENERAL PLAN UPDATE:
This area is designated as Neighborhood and Activity Center in the City of San Luis 2020 General Plan. The activities proposed will be consistent with those designations (Chapter 2, Page 19-21). The Neighborhood designation allows all types of residential development and the Activity Center Designation allows for residential and commercial development.
AGENCY REVIEW:
As part of the review process, all land use cases are reviewed by various City departments and outside agencies. We have recieved comments from the following agencies:
- Arizona Game and Fish Department (3-15-19)
ANALYSIS:
In 2007, the Arizona Legislature adopted legislation that required municipalities to certify that all new subdivisions had an assured 100-year water supply. On February 11, 2011, the City of San Luis was designated by the Arizona Department of Water Resources (ADWR) as having a 100-year adequate water supply. Consequently, individual subdivisions do not have to submit additional certification.
TIMELINE:
The preliminary plat for Bienestar Estates 10 (Subdivision Case No. 2019-030P) was approved with conditions, by the Planning and Zoning Commission, on their regular meeting of February 12, 2019. The condition was that the applicant had to address all comments on letter dated February 11, 2019.
Staff send out a Preliminary Plat Action Letter to the applicant informing him about the approval of the request and attached the letter of February 11, 2019 as the condition of said approval.
In order to be development friendly and move the project along, staff accepted a final plat application and plans. The application was missing owner's signature and the notarized waiver as per Arizona Revised Statute Section 12-1134. The plans were not complete and did not addressed all comments from letter dated February 11, 2019. On April 9, 2019, staff received a response letter to the review comments, although some of the comments were addressed, there were missing plans. One of the plans missing was the landscaping plans for the adjacent right-of-way (ROW) and the retention basin. The condition specifically states, “submit complete subdivision landscape plans (ROW and retention) at the same time as the final plat” and the response received from the engineer was, “landscaping plans are being design they will be differed submittal.” Based on the response and the fact that we no longer accept deferred submittal of landscape plans, the submittal of the final plat was considered incomplete because it did not addressed all the conditions on letter dated February 11, 2019. The applicant was informed that the Final Plat was going to be presented to the Commission once all conditions of approval of the Preliminary Plat were addressed.
Staff met with the applicant on April 24, 2019 to address their concerns. They were informed that complete landscape plans were required as mentioned in the conditions of the preliminary plat. The landscape plans had to be submitted for the retention basin and the adjacent right-of-way. Also that other submittal pending was the subdivision development plan, this plan is required when the subdivision is developed in phases as per Subdivision Regulations Section 4.4(1). The engineer said that landscape plans were ready to be submitted and they were going to submit all missing plans and conditions of the preliminary plat in order for this item to be presented to the Commission on the meeting of May.
On April 25th, staff received revised plans that according to the engineer were complete. In order to give the chance to the engineer to revise the plans staff sent out partial comments (30 of the 56 pending comments) on May 1st. On May 6th, staff sent out another part of the pending comments (20 of the 56 pending comments) and the applicant was made aware that the plans were incomplete as the subdivision development plan and the landscape plans for the adjacent right-of-way were missing. On May 7th, staff sent out the rest of the pending comments (6 of the 56 pending comments). Staff put all comments together (56 pending comments) and sent out a review comments letter to the applicant.
Applicant has not submitted the pending application signatures and notarized waiver. Staff has not received a response to comments send out May 1st, May 6th or May 7th. Regardless of the pending comments, the applicant requested to administration for this item to be presented to the Commission on the meeting of May 14, 2019.
TIMELINE:
The preliminary plat for Bienestar Estates 10 (Subdivision Case No. 2019-030P) was approved with conditions, by the Planning and Zoning Commission, on their regular meeting of February 12, 2019. The condition was that the applicant had to address all comments on letter dated February 11, 2019.
Staff send out a Preliminary Plat Action Letter to the applicant informing him about the approval of the request and attached the letter of February 11, 2019 as the condition of said approval.
In order to be development friendly and move the project along, staff accepted a final plat application and plans. The application was missing owner's signature and the notarized waiver as per Arizona Revised Statute Section 12-1134. The plans were not complete and did not addressed all comments from letter dated February 11, 2019. On April 9, 2019, staff received a response letter to the review comments, although some of the comments were addressed, there were missing plans. One of the plans missing was the landscaping plans for the adjacent right-of-way (ROW) and the retention basin. The condition specifically states, “submit complete subdivision landscape plans (ROW and retention) at the same time as the final plat” and the response received from the engineer was, “landscaping plans are being design they will be differed submittal.” Based on the response and the fact that we no longer accept deferred submittal of landscape plans, the submittal of the final plat was considered incomplete because it did not addressed all the conditions on letter dated February 11, 2019. The applicant was informed that the Final Plat was going to be presented to the Commission once all conditions of approval of the Preliminary Plat were addressed.
Staff met with the applicant on April 24, 2019 to address their concerns. They were informed that complete landscape plans were required as mentioned in the conditions of the preliminary plat. The landscape plans had to be submitted for the retention basin and the adjacent right-of-way. Also that other submittal pending was the subdivision development plan, this plan is required when the subdivision is developed in phases as per Subdivision Regulations Section 4.4(1). The engineer said that landscape plans were ready to be submitted and they were going to submit all missing plans and conditions of the preliminary plat in order for this item to be presented to the Commission on the meeting of May.
On April 25th, staff received revised plans that according to the engineer were complete. In order to give the chance to the engineer to revise the plans staff sent out partial comments (30 of the 56 pending comments) on May 1st. On May 6th, staff sent out another part of the pending comments (20 of the 56 pending comments) and the applicant was made aware that the plans were incomplete as the subdivision development plan and the landscape plans for the adjacent right-of-way were missing. On May 7th, staff sent out the rest of the pending comments (6 of the 56 pending comments). Staff put all comments together (56 pending comments) and sent out a review comments letter to the applicant.
Applicant has not submitted the pending application signatures and notarized waiver. Staff has not received a response to comments send out May 1st, May 6th or May 7th. Regardless of the pending comments, the applicant requested to administration for this item to be presented to the Commission on the meeting of May 14, 2019.
SUMMARY:
The applicant has substantially provided the information and materials necessary for review of the Final Plat for Bienestar Estates 10. Staff recommends approval of Subdivision Case No. 2019-0114F subject to the following conditions:
1. Improvement Districts are required for all new subdivisions:
a) Street Light Improvement District (Subdivision Regulations Section3.17-5)
b) Community Facilities District (Subdivision Regulation Section 3.17.6)
c) Enhanced Municipal Services District (Subdivision Regulations Section 3.17-7)
2. Applicant must submit the pending application signatures and notarized waiver as per A.R.S. Section 12-1134.
3. The applicant must correct, as noted, the comments attached (letter dated May 7, 2019) prior to scheduling the Final Plat to be presented to the City Council. Deadline to schedule an item to the City Council is 2 weeks prior to the meeting.
RECOMMENDED MOTION:
I MOVE TO FORWARD SUBDIVISION CASE NO. 2019-0114F TO THE CITY COUNCIL WITH RECOMMENDATION OF APPROVAL SUBJECT TO THE APPLICANT ADDRESSING THE CONDITIONS OF APPROVAL ATTACHED TO THIS REPORT BEFORE SCHEDULING THIS ITEM TO BE PRESENTED TO CITY COUNCIL.
Attachments
- Conditions of Approval
- Location Map
- Aerial Picture
- Final Plat
- Arizona Game and Fish Department Comments (3-15-19)
- Preliminary Plat Letter of Approval and Conditions (2-13-19)
- Preliminary Plat Conditions Response Letter (4-9-19)
- Final Plat Review Comments (5-7-19)