Public hearing followed by discussion and possible action on any and all matters regarding Rezoning Case No. 2016-066, and First Reading of Ordinance No. 352. An ordinance of the Mayor and 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 approximately 29 acres located on the southwest corner of Avenue E 1/2 and County 23 1/2 Street from Medium-High Density (R-2) to Medium Density Residential (R1-6); repealing any conflicting provisions; and providing for severability. (John Starkey, Zoning Administrator)

A. Open public hearing
B. Close public hearing
C. Action on First Reading of Ordinance No.352 by title only

A request by Vega & Vega Engineering, PLC, on on behalf of Comite De Bienestar, owner, to rezone 29 acres from Medium-High Density Residential (R-2) to Medium Density Residential (R1-6) zoning district. The area to to be rezoned is Assessor parcel ID #777-54-243.

The subject property is located in the east mesa of the City of San Luis. Bienestar 9A Phase 1 is located to the west of the proposed rezoning; it is zoned as Medium-High Density (R-2) and is developed as single family dwelling units. Property to the east and south are also zoned as Medium-High Density (R-2) and is undeveloped land. Property to the north is part of Yuma County and is undeveloped land. 

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, Page 19-20). The Neighborhood Land Use designation allows all types of residential development.  

AGENCY REVIEW:
As a 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:

1. City of San Luis Fire Department (3-3-16)
2. Yuma County Airport Authority (3-9-16)

As required by State Statue, staff sent notification letters to property owners within 300 feet of the proposed project (55 letters). The City has not received any other significant concerns or objections from the various review agencies or adjacent property owners.
 
CITIZEN REVIEW:
As required by State statue (A.R.S. §9-462.03) and City of San Luis Zoning Ordinance (Section 3.0-C), a Citizen Review Meeting was held at City Hall on July 1, 2016. 
 
The purpose of the Citizen Review Meeting is to provide adjacent landowners and other potentially affected citizens an opportunity to ask questions and express any issues or concerns that they may have with the proposed rezoning or specific plan application prior to the public hearing.
 
About three people showed up to the Citizen Review Meeting regarding this rezoning. The main question was the sequence of construction for the lots. The property owners of adjacent lots were worried that with the movement of land, desert animals will go into their property.
 
ANALYSIS:
The preliminary plat for Bienestar Estates 9A Phase 1 and Phase 2 were approved at the same time back in 2007. Phase 1 was developed but not Phase 2. As per Section 5.1-2 of the City of San Luis Subdivision Regulations the Phase 2 preliminary plat approval expired in 2010, “If the sub-divider fails to record a final plat for any phase of the preliminary plat within three (3) years, or any succeeding phase within three (3) years of the previous phase, the preliminary plat approval will expire unless the subdivider applies for an receives an extension from either the Commission or the City Council.” 

In an effort to alleviate the demand for bigger houses even from people interested in the self-help affordable homes, the City Council approved Ordinance No. 347, an ordinance to set up the minimum lot size to 6,000 square feet for new subdivisions.

The reason for the rezoning request is that the property is zoned as Medium-High Density (R-2) which does not allow construction of single detached dwellings. The appropriate zoning for the construction of this subdivision is the requested, Medium Density Residential (R1-6) zoning district.

PLANNING AND ZONING COMMISSION MEETING: 
The Planning and Zoning Commission held a public hearing for this item on their regular meeting of April 12, 2016. Two people from the public expressed their concern regarding desert animals, especially snakes, moving to their properties. The developer mentioned that during construction they could install a temporary protective fence, but once the infrastructure is developed, the fence would be removed.

The Commission recommended approval of the rezoning request. 

CITY COUNCIL WORK SESSION
A City Council Work Session was held on April 20, 2016.    There was discussion about whether this subdivision had a pre-existing development agreement.  The applicant indicated that there was one for the entire 400 acres but not for this smaller portion of the subdivision.  Staff will research if there are any pre-existing agreements or conditions that will affect this application.

The applicant has provided the information and materials necessary for staff to make a recommendation of the Rezoning Request. 

Staff recommends APPROVAL of First Reading of Ordinance No. 352 by title only. Rezoning Case No. 2016-066 to rezone 29 acres from Medium-High Density (R-2) to Medium Density Residential (R1-6) zoning district and amending the zoning map to conform thereto. 

The reason for approval is that the request meets the criteria of the City of San Luis Zoning Ordinance and is consistent with the City of San Luis 2020 General Plan.