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AGENDA ITEM REVIEW FORM |
6.H.
Regular City Council Meeting
- Meeting Date:
- 11/13/2019
- Department Head:
- Jose A. Guzman
- Submitted By:
- Roman Pacheco, Planning Technician, Planning & Zoning Department
Action Requested:
ITEM:
Discussion and possible action on any and all matters regarding Subdivision Case No. 2019-0333F. A request by Riedel Holdings LLC, property owner, for the final plat approval for Santa Cecilia No. 3 Subdivision. The property is located at the northwest corner of County 24th Street and 20th Avenue, Assessor's Parcel No. 227-10-009, San Luis, Arizona. (Jose A. Guzman, Director of Planning and Zoning)
A. Staff presentation
B. Action on Subdivison Case No. 2019-0333F
A. Staff presentation
B. Action on Subdivison Case No. 2019-0333F
SUMMARY:
The property is located in the east mesa of the City of San Luis, on the east side of 20th Avenue between Aracely Street and County 24th Street (Assessor’s Parcel ID No. 227-10-009). Santa Cecilia No. 2 Subdivision is located to the west and is zoned Medium Density Residential (R1-6). Properties to the east are zoned Medium-High Density Residential (R-2) and High-Density Residential (R-3) and are undeveloped. On the southeast corner of the property is a portion of County 24th Street. Bordering the southwest corner of the property is an undeveloped rectangular parcel zoned (Assessor's Parcel ID No. 227-10-004, not included in this application). North of the property is undeveloped land recently rezoned to Medium-Density Residential (R1-6) for the future residential subdivision to be called Santa Cecilia No. 4.
Santa Cecilia No. 3 Subdivision will consist of approximately 30.30 acres and is proposed to be divided into 140 lots and one (1) tract for storm-water retention. The lots will range in size from approximately 6,000 square feet to 10,866 square feet.
In 2007, the Arizona Legislature adopted legislation that requires 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.
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, Pages 19-20). The Neighborhood land use designation allows all types of residential development.
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:
This item was presented to the Planning and Zoning Commission at their regular meeting held on July 9, 2019. The Commission recommended approval subject to the applicant addressing the review comments on the letter dated July 8, 2019, before scheduling this item to be presented to City Council.
STAFF RECOMMENDATION:
The applicant provided the information and materials necessary for review of the final plat for Santa Cecilia No. 3 Subdivision.
The City Engineer's first comment, dated July 8, 2019, stated:
So, in response to City Engineer’s first comment, on August 1, 2019, the applicant filed a lot tie/lot split plat (which is attached). The city accepted the lot tie/lot split the next day with these limitations:
The City attempted a development agreement that included the city acquiring the rights of way and a broader multi-party agreement to develop all of County 24th Street between Avenues E and F, but those negotiations failed.
Staff recommends approval of Subdivision Case No. 2019-0333F subject to the following conditions:
Santa Cecilia No. 3 Subdivision will consist of approximately 30.30 acres and is proposed to be divided into 140 lots and one (1) tract for storm-water retention. The lots will range in size from approximately 6,000 square feet to 10,866 square feet.
In 2007, the Arizona Legislature adopted legislation that requires 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.
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, Pages 19-20). The Neighborhood land use designation allows all types of residential development.
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:
- City of San Luis Fire Department (7-8-19)
- Yuma County Airport Authority (7-8-19)
This item was presented to the Planning and Zoning Commission at their regular meeting held on July 9, 2019. The Commission recommended approval subject to the applicant addressing the review comments on the letter dated July 8, 2019, before scheduling this item to be presented to City Council.
STAFF RECOMMENDATION:
The applicant provided the information and materials necessary for review of the final plat for Santa Cecilia No. 3 Subdivision.
The City Engineer's first comment, dated July 8, 2019, stated:
"The property is described as 'a portion of Lot 3 of the Border Ranches Subdivision and the NE1/4, SE1/4, SW1/4 SE1/4 of Section 10.' As the property is only a "portion of Lot 3", Lot 3 will need to be split, either by a lot, inclusion in the subdivision plat, or other means approved by the City. Regarding the inclusion of the NE1/4 SE1/4 SW1/4 SE1/4, this property appears to have been previously a part of a larger property (the E1/2 SE1/4 SW1/4 SE1/4, more or less) that was excluded from Border Ranches Subdivision. This parcel appears to have now been split from the previous parcel. Provide documentation of the approval of this split by the City of San Luis or obtain such approval.
The property excludes a parcel of land along County 24th Street that appears to be more or less, the S1/2 SE1/4 SW1/4 SE1/4 and the SE1/4 SW1/4 SW1/4 SE1/4 of Section 10. This parcel was previously partially a part of Lot 3 of the Border Ranches Sudvision and partially the remainder of the exclusion from the Border Ranches Subdivision. Provide documentation of the approval of this lot split and lot tie by the City of San Luis or obtain approval of such."
The property excludes a parcel of land along County 24th Street that appears to be more or less, the S1/2 SE1/4 SW1/4 SE1/4 and the SE1/4 SW1/4 SW1/4 SE1/4 of Section 10. This parcel was previously partially a part of Lot 3 of the Border Ranches Sudvision and partially the remainder of the exclusion from the Border Ranches Subdivision. Provide documentation of the approval of this lot split and lot tie by the City of San Luis or obtain approval of such."
The applicant was unable to obtain documentation of city approval for the lot splits and lot ties done by others (not the applicant) because they do not exist. The permission was never sought out. Under 7.1 of the city's Subdivision Regulations as authorized by Arizona Revised Statutes Sections 9-4653.02(A) and 9-463.01(T), the city would have required the prior owner to dedicate roads to the city. It is believed that the applicant fa negotiated for rights-of-way from the current owner of the parcel to the south of the property and east of the property. However, it is believed that the negotiations failed due to the unreasonableness of the parcel-owner.
So, in response to City Engineer’s first comment, on August 1, 2019, the applicant filed a lot tie/lot split plat (which is attached). The city accepted the lot tie/lot split the next day with these limitations:
“By accepting this lot tie/lot split the city limits this acceptance to the particular division and combination of property as reflected by this plat only, and specifically does not accept, approve, or ratify any splitting, division, or combination of land as reflected by the deeds recorded at Fee Nos. 2017-29340, 2017-29341, 2019-017812, and 2019-08846, records of Yuma County. Such divisions and/or combinations were in violation of the ordinances of the City of San Luis, Arizona, and the city reserves the right to proceed with any or all legal rights or remedies that may be available to it.”
The City attempted a development agreement that included the city acquiring the rights of way and a broader multi-party agreement to develop all of County 24th Street between Avenues E and F, but those negotiations failed.
Staff recommends approval of Subdivision Case No. 2019-0333F subject to the following conditions:
- The applicant must coordinate the pavement marking and striping of County 24th Street with other developers along County 24th Street.
- The owner must pay to the city the sum of $260.00 per acre, or any portion thereof, as a proportionate contribution for a traffic signal at the intersection of 24th Street and Ave. E.
- The applicant shall obtain an independent traffic study to determine whether access on 21st Avenue to County 24th Street is necessary to alleviate potential traffic congestion on 20th Avenue due to the traffic generated by the Santa Cecilia 3 Subdivision.
- Conditioned on the traffic study warranting 21st Avenue’s connection to County 24th Street and once the City acquires the west half of 21st Avenue, approximately 30 feet from east to west and approximately 300 feet from north to south (connecting with County 24th Street on the south) then the applicant shall:(1)pay ½ the the reasonable acquisition costs to the city or other entity that may pay to acquire the right-of-way (the other ½ payment may be sought from the owner of Assessor’s Parcel ID No. 227-10-004) and (2) pay ½ the reasonable cost of improving the west half of 21st Avenue which construction will follow applicable municipal procurement and competitive bidding to connect with County 24th Street (he other ½ payment may be sought from the owner of Assessor’s Parcel ID No. 227-10-004).
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE SUBDIVISION CASE NO. 2019-0333F WITH CONDITIONS AS PRESENTED BY STAFF.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- N/A
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
If the traffic study requires access to County 24th Street, the city may incur up-front costs but may seek reimbursement,.
Attachments
- Location Map
- Aerial Picture
- Final Plat
- City of San Luis Fire Department (7-8-19)
- Yuma County Airport Authority (7-8-19)
- Santa Cecilia Lot Split 2019