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AGENDA ITEM REVIEW FORM |
| 5.J. |
Action Requested:
Motion
Ordinance
Public Hearing
Ordinance
Public Hearing
ITEM:
Public hearing followed by discussion and possible action on any and all matters regarding Rezoning Case No. 2021-0243 and Ordinance No. 423. An ordinance of the Mayor and City 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 186.84 acres from Medium-High Density Residential (R-2), High-Density Residential (R-3), Community Commercial (C-2) and Light Industrial (L-I) to Medium Density Residential (R1-6) for property located on the southeast corner of Avenue E and County 23 ½ Street in San Luis, Arizona. (Jose A. Guzman, Director of Planning and Zoning)
A. Open public hearing
1. Staff presentation
2. Call to the Public on this item
B. Close public hearing
C. Action on Ordinance No. 423
A. Open public hearing
1. Staff presentation
2. Call to the Public on this item
B. Close public hearing
C. Action on Ordinance No. 423
SUMMARY:
On October 27, 2021, City Council approved Major Amendment Case No. 2021-0340. The approval of the Major Amendment allows the property owner to request rezoning of the subject properties to Medium Density Residential R1-6. The subject properties were annexed to the City of San Luis in the year 2000 as part of a pre-annexation agreement (Resolution No. 421). The pre-annexation agreement included the San Luis regional detention and support center and the east wastewater treatment plant. As part of the pre-annexation agreement the City agreed to allow the development of a regional detention and support center under existing zoning regulations.
After the annexation became effective in 2010 the owner applied to rezone approximately 20 acres located on the southwest corner of County 23 ½ Street and Avenue D ½ alignment to high-density residential zoning in an area primarily designated for industrial uses. (Rezoning Case No. 2010-11,12,13 and 14). In 2011, Resolution No. 933 amended the pre-annexation agreement to include certain provisions to allow for high-density residential development. The decision to include high-density residential zoning was based on the potential need for townhomes or condominiums to accommodate short-term employment in the construction or development fields.
According to Resolution No. 933 if the owner develops the 20-acre portion zoned R2 and R3 with single family homes, the developer agrees that such development will be limited to large lot development of lots no less in size of 8,000 square feet and homes of no less than 1750 square feet, exclusive of garage or carport or the owner needs to request an amendment to Resolution No. 933.
On May 2021, the subject properties were purchased by Riedel Holdings LLC and the new owner requested a lot split to divide parcel 227-11-005 to create three new parcels.
On December 21, 2021 City Council approved a development agreement for the proposed project amending Resolution 933.
The existing condition of the subject property is undeveloped vacant land. Parcel 227-11-005 is zoned Light Industrial (L-I), Commercial (C-2), High Density Residential (R3) and Medium High Density Residential (R-2). Parcel 227-11-004 is zoned Light Industrial (L-I).
Existing Adjacent Zoning Districts:
To the north: RA-10
To the west: C-2 and R-3
To the south: L-I and C-2
To the east: RA-10 (Detention Center and East water treatment plant)
GENERAL PLAN:
The current Land Use Designation for the parcels is Medium Density Residential (MDR) designation which is compatible with the proposed zoning district R1-6.
The developer must provide all the necessary improvements including road construction, water and wastewater.
As part of the review process, all land use cases are reviewed by various city and outside agencies, We have received comments from The Yuma County Airport Authority.
“The property is located near Rolle Airfield where aviation activities are expected to increase in the future. These properties, due to their proximity to the Rolle Airfield, are likely to experience aircraft over flights, which could generate noise levels which may be of concern to some individuals. The City, public and airport shall be held harmless from any damages caused by noise, vibration, fumes, dust, fuel, fuel particles, or other effects that may be caused by the operation of aircraft taking off, landing, or operating on or near the airport, not including the physical impact of aircraft or parts thereof.”
As required by State Statute, staff sent notification letters to property owners within 300 feet of the proposed project (9 letters).
The City has not received any other significant concerns or objections from the various review agencies or adjacent property owners.
CITIZEN REVIEW MEETING:
As required by State Statute and City Code, a Citizen Review Meeting was held at the City Hall on December 7, 2021 at the City Hall Chambers at 6:00 p.m. The intent of this meeting was to allow the public to learn about the project, ask questions and express any comments. There were no comments from the public present.
PLANNING AND ZONING COMMISSION:
The Commission recommends approval to rezone from Medium High Density Residential (R-2), High Density Residential (R-3), Community Commercial (C-2) and Light Industrial (L-I) to Medium Density Residential (R1-6).
DEVELOPMENT AGREEMENT:
The current development agreement approved by City Council on December 21, 2021 includes the following conditions
The development agreement buffer condition was agreed on because it was calculated that the distance between the existing fence of the Detention Center was about 60 feet from their property line and this space was used for patrolling. During the review of the case, it was noticed that the existing fence of the Detention Center was almost at the property line giving no space for patrolling. This was brought up to the developer and agreed on giving the Detention Center a strip of land 30 feet wide. This area is in addition to the buffer required in the development agreement. The total distance from the existing chain link fence to the residential lot will be about 114 feet.
Staff spoke with the Warden of the Detention Center and they had no issues with the proposed buffer and residential development.
STAFF RECOMMENDATION:
The applicant has provided the information and materials necessary for the review of the rezoning request.
Staff recommends approval of Rezoning Case No. 2021-0693 subject to the following conditions:
After the annexation became effective in 2010 the owner applied to rezone approximately 20 acres located on the southwest corner of County 23 ½ Street and Avenue D ½ alignment to high-density residential zoning in an area primarily designated for industrial uses. (Rezoning Case No. 2010-11,12,13 and 14). In 2011, Resolution No. 933 amended the pre-annexation agreement to include certain provisions to allow for high-density residential development. The decision to include high-density residential zoning was based on the potential need for townhomes or condominiums to accommodate short-term employment in the construction or development fields.
According to Resolution No. 933 if the owner develops the 20-acre portion zoned R2 and R3 with single family homes, the developer agrees that such development will be limited to large lot development of lots no less in size of 8,000 square feet and homes of no less than 1750 square feet, exclusive of garage or carport or the owner needs to request an amendment to Resolution No. 933.
On May 2021, the subject properties were purchased by Riedel Holdings LLC and the new owner requested a lot split to divide parcel 227-11-005 to create three new parcels.
On December 21, 2021 City Council approved a development agreement for the proposed project amending Resolution 933.
The existing condition of the subject property is undeveloped vacant land. Parcel 227-11-005 is zoned Light Industrial (L-I), Commercial (C-2), High Density Residential (R3) and Medium High Density Residential (R-2). Parcel 227-11-004 is zoned Light Industrial (L-I).
Existing Adjacent Zoning Districts:
To the north: RA-10
To the west: C-2 and R-3
To the south: L-I and C-2
To the east: RA-10 (Detention Center and East water treatment plant)
GENERAL PLAN:
The current Land Use Designation for the parcels is Medium Density Residential (MDR) designation which is compatible with the proposed zoning district R1-6.
The developer must provide all the necessary improvements including road construction, water and wastewater.
As part of the review process, all land use cases are reviewed by various city and outside agencies, We have received comments from The Yuma County Airport Authority.
“The property is located near Rolle Airfield where aviation activities are expected to increase in the future. These properties, due to their proximity to the Rolle Airfield, are likely to experience aircraft over flights, which could generate noise levels which may be of concern to some individuals. The City, public and airport shall be held harmless from any damages caused by noise, vibration, fumes, dust, fuel, fuel particles, or other effects that may be caused by the operation of aircraft taking off, landing, or operating on or near the airport, not including the physical impact of aircraft or parts thereof.”
As required by State Statute, staff sent notification letters to property owners within 300 feet of the proposed project (9 letters).
The City has not received any other significant concerns or objections from the various review agencies or adjacent property owners.
CITIZEN REVIEW MEETING:
As required by State Statute and City Code, a Citizen Review Meeting was held at the City Hall on December 7, 2021 at the City Hall Chambers at 6:00 p.m. The intent of this meeting was to allow the public to learn about the project, ask questions and express any comments. There were no comments from the public present.
PLANNING AND ZONING COMMISSION:
The Commission recommends approval to rezone from Medium High Density Residential (R-2), High Density Residential (R-3), Community Commercial (C-2) and Light Industrial (L-I) to Medium Density Residential (R1-6).
DEVELOPMENT AGREEMENT:
The current development agreement approved by City Council on December 21, 2021 includes the following conditions
- Dedication of Right of Way. At present time Owners shall dedicate appropriate right-of-way to the City along County 23 ½ Street and Avenue D ½ alignments in accordance with the updated standards for right-of-way as provided by Public Works Department. Dedication of right of way on County 24th shall be 62 feet from center of alignment and 130 feet within 300 feet of the intersection. Dedication of said right-of-way shall occur at such time and in such manner as required by the City in its sole discretion.
- Development of Improvements. At such time that any lot created by City Lot Split Case Number 2021-0387 or any lot within the Rezoning Case No. 2021-0693 is developed, public improvements, including but not limited to streets, roads, retention basins, utility extensions, utility mains, including pumping stations, lift stations, force mains, traffic signalization, and other off-site public improvements will be made pursuant to City standards as may be required by the Public Works Director of City in his sole discretion. The location of such improvements and/or its development is not confined to the lot being developed, but rather may be located on any portion of the entire Property (Exhibit 1) that is the subject of this agreement.
- Owner agrees to make such dedications of property as may be needed or necessary for such development in the discretion of the Public Works Director. Such dedications and the development of such improvements as described above shall be a condition of the issuance of any building permit(s) or other use permit(s) for the development of any such lot or portion of such lot.
- Street Lights. At such time that any lot created by City Lot Split Case Number 2021-0387 or any lot within Rezoning Case No. 2021-0693 is developed, the Public Works Director may require, in his sole discretion, that the development of street lights in the public right-of-way is needed or desired, the development of such street lighting in the manner and at the locations as may be determined by the Public Works Director, in his sole discretion, shall be a condition of the issuance of building permit(s) or other use permit(s) for the development of any such lot.
- Residential Development. Developer is requesting Rezoning Case No. 2021-0693 to change Assessor Parcel Number 227-11-004 and portion of parcel 227-11-005 to Medium Density Residential (R1-6) to allow for single-family development. At such time as any portion of the property is developed with single family homes, the development will be of lots no less in size of 6,000 square feet, amending the lot size requirement and removing the minimum home size on Resolution No. 933.
- Traffic Light Contribution. Any development of the property, or portion thereof, and/or the approval of any subdivision plat, be conditioned upon payment to the city the sum of $260.00 per acre, or any portion of an acre, as a proportionate contribution for a traffic signal at the intersection of County 24th Street and Avenue E.
- Waste Water Treatment Plant. Developer agrees to execute, record, and deliver such agreements, easements, and/or covenants conditions and restrictions that run with the land which is the subject of this development agreement for the benefit of the City of San Luis that will allow the real property of Developer that is the subject of this agreement to be used for fumes or odors from its wastewater treatment operations located at 358 N. Avenue D,and to waive any claims for any damages that might arise from wastewater treatment operations, whatsoever, and agree to indemnify and hold the City of San Luis and its officers, agents, and employees harmless from any and all claims, whatsoever, known or unknown, emanating from wastewater treatment operations including, but not limited to, claims arising from fumes or odors.
- Land Dedication for Park. Owner wishes to donate to the City, and City agrees to accept from Owner, certain land within the Property, containing 5 gross acres of buildable land in addition to the open space requirement. Owner agrees to convey to the City by executing a Deed, free and clear of all liens and encumbrances.
- Covenants Conditions and Restrictions.For any lot developed or to be developed as other than residential development, Owner shall record a covenant, condition and restriction to run with the land prohibiting the development and use of the property as a school, public or private, of any kind nature, or description.
- Special Taxing Districts.Owner agrees to agree to the formation of a street lighting improvement district, a community facilities district and any enhanced municipal district needed.
- Regulations. The terms of this Agreement are in addition to City codes, rules, fees, and regulations that are applicable to this action.
- Buffer.Developer agrees to build an 8 foot cmu wall along the entire property line along the Detention Center and the East Waste Water Treatment Plant. Including as a buffer, a 30 feet wide green area and the residential street, totaling 82 feet.
The development agreement buffer condition was agreed on because it was calculated that the distance between the existing fence of the Detention Center was about 60 feet from their property line and this space was used for patrolling. During the review of the case, it was noticed that the existing fence of the Detention Center was almost at the property line giving no space for patrolling. This was brought up to the developer and agreed on giving the Detention Center a strip of land 30 feet wide. This area is in addition to the buffer required in the development agreement. The total distance from the existing chain link fence to the residential lot will be about 114 feet.
Staff spoke with the Warden of the Detention Center and they had no issues with the proposed buffer and residential development.
STAFF RECOMMENDATION:
The applicant has provided the information and materials necessary for the review of the rezoning request.
Staff recommends approval of Rezoning Case No. 2021-0693 subject to the following conditions:
- Developer must comply with all provisions and conditions of the development agreement approved by Resolution No. 2204.
- That any development of the property, or a portion thereof, and/or the approval of any subdivision plat, be conditioned upon payment to the city the sum of $260.00 per acre, or any portion of an acre, as a proportionate contribution for a traffic signal at the intersection of County 24th Street and Avenue E.
- Development must comply with Public Works Standards as approved by City Council during the Final Plat. Updated Public Works Standards to include right-of-way requirements, pavement thickness and other applicable standards.
- Developer, on behalf of itself, its heirs, successors, and assigns agrees to transfer a strip of land 30 feet wide all along the Detention Center property. Title to said property shall vest to the San Luis Facility Development Corporation in fee simple free and clear of all liens and encumbrances.
RECOMMENDATION / SUGGESTED MOTION:
A. I MOVE TO OPEN PUBLIC HEARING
1. Staff presentation
2. Call to the public on this item
B. I MOVE TO CLOSE PUBLIC HEARING
C. I MOVE TO APPROVE READING OF ORDINANCE NO. 423 BY TITLE ONLY
(CITY CLERK TO READ ORDINANCE NO. 423 BY TITLE ONLY)
D. I MOVE TO APPROVE AND ADOPT ORDINANCE NO. 423 AS PRESENTED
1. Staff presentation
2. Call to the public on this item
B. I MOVE TO CLOSE PUBLIC HEARING
C. I MOVE TO APPROVE READING OF ORDINANCE NO. 423 BY TITLE ONLY
(CITY CLERK TO READ ORDINANCE NO. 423 BY TITLE ONLY)
D. I MOVE TO APPROVE AND ADOPT ORDINANCE NO. 423 AS PRESENTED
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):
N/A
Attachments
- Ordinance No. 423
- Location Map
- Aerial Picture
- Conceptual Plan
- Narrative
- Resolution No. 2204 - Development Agreement