 |
AGENDA ITEM REVIEW FORM |
6.H.
Special City Council Meeting
- Meeting Date:
- 11/22/2022
- 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. 2240. A resolution of the Mayor and City Council of the City of San Luis, Arizona, approving an agreement between the city and owners of parcels in the area of County 24th Street and Avenue E to deed land for public infrastructure, superseding conflicting provisions; and providing for severability. (Kay Marion Macuil, City Attorney)
SUMMARY:
Background
As shown on the attached drawings, the rights of way that are the subject of this Development Agreement are on the North side of County 24th Street and on the West side of Avenue E.
In 2017 and 2019, this area was part of a lot split and lot tie that were not brought to the city for processing. The city would have either required a subdivision process under the city’s Subdivision Regulations § 7.1 and Zoning Code § 18.70.30 or required dedication of land for infrastructure as a condition of a lot split and lot tie permission. The deeds were part of the requirements of the City Prosecutor regarding the unpermitted lot split and lot tie. Another requirement was to sign improvement and facilities district petitions. This agreement lifts the district petition requirements, but reserves the city’s rights to require them during any development of the area.
The Agreement
The parcel owners will deed to the city approximately 2.913 acres for right-of-way and land for the lift station. (Please see the second attachment titled "Deed Drawings.").
The city will have staff recommend expanding the commercial zoning district to the west on Assessor's Parcel Number 227-10-002 to align with the parcel to the south to the extent that the rezoned districts have a sufficient buffer between residential and commercial use at the discretion of the Planning and Zoning Director. (Please see the last attachment titled "Stubs and Zoning Drawing." If there is no commercial development within 5 years then the zoning shall revert to residential.
Sometime in the future, when a right-of-way improvement design is completed on County 24th Street in the area of Oak Avenue, the city will construct (at the city's expense) water and wastewater stubs on the north of County 24th Street on Assessor's Parcel Number 227-10-003. The attached Stubs and Zoning Drawing shows merely a conceptual location.
Request
The owners and the staff agree to the mutual benefits and obligations in the agreement. The staff recommends approval of Resolution No. 2240.
As shown on the attached drawings, the rights of way that are the subject of this Development Agreement are on the North side of County 24th Street and on the West side of Avenue E.
In 2017 and 2019, this area was part of a lot split and lot tie that were not brought to the city for processing. The city would have either required a subdivision process under the city’s Subdivision Regulations § 7.1 and Zoning Code § 18.70.30 or required dedication of land for infrastructure as a condition of a lot split and lot tie permission. The deeds were part of the requirements of the City Prosecutor regarding the unpermitted lot split and lot tie. Another requirement was to sign improvement and facilities district petitions. This agreement lifts the district petition requirements, but reserves the city’s rights to require them during any development of the area.
The Agreement
The parcel owners will deed to the city approximately 2.913 acres for right-of-way and land for the lift station. (Please see the second attachment titled "Deed Drawings.").
The city will have staff recommend expanding the commercial zoning district to the west on Assessor's Parcel Number 227-10-002 to align with the parcel to the south to the extent that the rezoned districts have a sufficient buffer between residential and commercial use at the discretion of the Planning and Zoning Director. (Please see the last attachment titled "Stubs and Zoning Drawing." If there is no commercial development within 5 years then the zoning shall revert to residential.
Sometime in the future, when a right-of-way improvement design is completed on County 24th Street in the area of Oak Avenue, the city will construct (at the city's expense) water and wastewater stubs on the north of County 24th Street on Assessor's Parcel Number 227-10-003. The attached Stubs and Zoning Drawing shows merely a conceptual location.
Request
The owners and the staff agree to the mutual benefits and obligations in the agreement. The staff recommends approval of Resolution No. 2240.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE AND ADOPT RESOLUTION NO. 2240.
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):
The Agreement is an exchange. The Property Owners agree to dedicate to the city right of way and land for the lift station, approximately 2.913 acres. The City agrees to build a stub out and staff will recommend a zone change as more fully described in the agreement.
A very rough estimate at the current market is in the range of $20,000 to $30,000 to build the stubs. Considerations that offset this future cost for the City are that this agreement avoids the costs for appraisal, land purchase, court fees, and other related costs for condemnation. It is likely that road construction will start before there is development on the parcel where the stubs will go. So, this agreement avoids the damage to the future pavement that would happen to cut into the pavement to put in the stubs.
A very rough estimate at the current market is in the range of $20,000 to $30,000 to build the stubs. Considerations that offset this future cost for the City are that this agreement avoids the costs for appraisal, land purchase, court fees, and other related costs for condemnation. It is likely that road construction will start before there is development on the parcel where the stubs will go. So, this agreement avoids the damage to the future pavement that would happen to cut into the pavement to put in the stubs.