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AGENDA ITEM REVIEW FORM |
6.F.
Regular City Council Meeting
- Meeting Date:
- 12/08/2021
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
Resolution
Resolution
ITEM:
Discussion and Possible Action on any and all matters regarding Resolution No. 2203. A resolution of the Mayor and City Council of the City of San Luis, Arizona authorizing and directing the entering into a Development Agreement with Carol D. Upton as part of the right-of-way acquisition for the Mesa Street Improvement Project. (Glenn J. Gimbut, Assistant City Attorney)
SUMMARY:
Legal Authority for the Development Agreement
A.R.S. § 9-500.05 authorizes the city to enter into Development Agreements with landowners for land located in the city. In this Development Agreement, no money is involved.
The landowner on Mesa Street
Carol D. Upton owns the parcels APN No. 775-37-186 (“Parcel 1”); and APN 775-37-185, referred to in the Development Agreement as Parcels 1 and 2, respectively, on Mesa Street. The parcels are zoned commercial, but a fourplex apartment was built there before the zone change. It continues there today. It is a legal, non-conforming use. Ms. Upton uses Parcel 2 for parking. Ms. Upton desires to build a high-density residential development on Parcels 1 and 2. There are other residences on Mesa Street that are also legal non-conforming uses. Under a legal non-conforming use, the landowner cannot make changes without the current commercial zoning controlling. Therefore, a change of zoning is needed to change the residential use there.
The City’s Mesa Street Project
The city is in the process of improving the streets, alleyways, and sidewalks in the area of Parcels 1 and 2 in what is known as the Mesa Street Project. The city needs a right-of-way and a temporary construction easement from Parcel 1 to develop and construct the project.
The Development Agreement
Parcels 1 and 2 would need to be rezoned to be developed into high-density residential use. As part of the rezoning process, the city could condition the rezoning on Ms. Upton dedicating right-of-way and easement to the city.
A.R.S.§ 9-500.05 provides, in part, that a Development Agreement can provide for the permitted uses of land; the density and intensity of uses; reservation or dedication of land for public purposes; conditions, terms, restrictions, and requirements for public infrastructure; conditions, terms, restrictions, and requirements relating to the governing body’s intent to form a special taxing district under title 48; and any other matters relating to the development of the property.
The Development Agreement would support the city’s needs by acquiring right-of-way and a construction easement for the Mesa Project. It would allow the possibility for Ms. Upton to put in residential development.
A.R.S. § 9-500.05 authorizes the city to enter into Development Agreements with landowners for land located in the city. In this Development Agreement, no money is involved.
The landowner on Mesa Street
Carol D. Upton owns the parcels APN No. 775-37-186 (“Parcel 1”); and APN 775-37-185, referred to in the Development Agreement as Parcels 1 and 2, respectively, on Mesa Street. The parcels are zoned commercial, but a fourplex apartment was built there before the zone change. It continues there today. It is a legal, non-conforming use. Ms. Upton uses Parcel 2 for parking. Ms. Upton desires to build a high-density residential development on Parcels 1 and 2. There are other residences on Mesa Street that are also legal non-conforming uses. Under a legal non-conforming use, the landowner cannot make changes without the current commercial zoning controlling. Therefore, a change of zoning is needed to change the residential use there.
The City’s Mesa Street Project
The city is in the process of improving the streets, alleyways, and sidewalks in the area of Parcels 1 and 2 in what is known as the Mesa Street Project. The city needs a right-of-way and a temporary construction easement from Parcel 1 to develop and construct the project.
The Development Agreement
Parcels 1 and 2 would need to be rezoned to be developed into high-density residential use. As part of the rezoning process, the city could condition the rezoning on Ms. Upton dedicating right-of-way and easement to the city.
A.R.S.§ 9-500.05 provides, in part, that a Development Agreement can provide for the permitted uses of land; the density and intensity of uses; reservation or dedication of land for public purposes; conditions, terms, restrictions, and requirements for public infrastructure; conditions, terms, restrictions, and requirements relating to the governing body’s intent to form a special taxing district under title 48; and any other matters relating to the development of the property.
The Development Agreement would support the city’s needs by acquiring right-of-way and a construction easement for the Mesa Project. It would allow the possibility for Ms. Upton to put in residential development.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE AND ADOPT RESOLUTION NO. 2203 TO ENTER INTO THE DEVELOPMENT AGREEMENT AS PRESENTED.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- No
- 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):
There is no money exchange involved with this Development Agreement.