Public hearing followed by discussion and possible action on any and all matters regarding Rezoning Case No. 2017-073 followed by First Reading of Ordinance No. 364.  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 a total of 35.82 acres located east of Avenue F between Aracely Street and County 24th Street; 34.63 acres from Medium-High Density Residential (R-2) to Medium Density Residential (R1-6) and 1.19 acres from Medium-High Density Residential (R-2) to Community Commercial (C-2); repealing any conflicting provisions; and providing for severability.  (Jose A. Guzman, Acting Planning and Zoning Director)

A. Open public hearing B. Close public hearing
C. Action on First Reading of Ordinance No. 364 by title only

The subject property is located in the east mesa of the City of San Luis; east side of Avenue F between Aracely Street and County 24th Street. Bienestar 9A single family residential subdivision is located north of the proposed rezoning. To the west, across Avenue F, is also developed as a single family residential subdivision; Bienestar 9B. The south and east properties adjacent to the project are undeveloped land. All the surrounding properties mentioned are zoned as Medium-High Density Residential (R-2). 

As an effort to alleviate the demand for bigger houses the City Council approved Ordinance No. 347, an ordinance to set up the minimum lot size to 6,000 square feet. After this ordinance was adopted single detached dwellings are no longer allowed in a Medium-High Density Residential (R-2) zoning district. 

The purpose of the zone change is to allow a future residential subdivision to be called Santa Cecilia and commercial use for the corner of Avenue F and County 24th Street. 

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

The other part of the rezoning request is for commercial purposes. There is already land zoned  as Community Commercial (C-2) but the developer wants that commercial area larger in order to develop the lot as a small commercial plaza or mall. 

This location is convenient for adjacent residents as it will be within walking distance for routine local needs such as personal services or limited retail.

GENERAL PLAN:
The current General Plan designation for this parcel is Neighborhood which is appropriate for the R1-6 but not for the C-2 area. The intent of Neighborhood land designation is to focus on the primary areas (Residential Zoning District) in the community. The Activity Center designation is intended for commercial services that conveniently serve the nearby residential areas.

A Minor Amendment is required for the C-2 area before the rezoning takes effect. The rezoning is approved by Ordinance and takes effect 30 days after the second reading of the ordinance.  The Minor Amendment is adopted by resolution and takes effect immediately.

A Minor Amendment is being processed in order to make the Land Use Designation compatible with the proposed commercial zoning change. The Minor Amendment (Case No. 2017-0260) for this rezoning will be presented to the Planning and Zoning Commission in a May 2017 meeting  and will be presented to Council at the same time of the second reading of the ordinance for the rezoning.

COMMENTS:
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:
  As required by State Statute, staff sent notification letters to property owners within 300 feet of the proposed project (121 letters). The City has not received any other significant concerns or objections from the various review agencies or adjacent property owners. 

CITIZENS REVIEW MEETING:
As required by State Statute and the City Code, a Citizens Review meeting was held at City Hall Council Chambers on April 4, 2017 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 public present. 

PLANNING AND ZONING COMMISSION MEETING:
The Planning and Zoning Commission held a public hearing on April 11, 2017 at the City Hall Council Chambers at 7:00 p.m. The applicant was present and had the opportunity to explain the request and answer questions from the Commission. The Commission gave the opportunity to the public to express any concerns or comments during the public hearing; there were no concerns or comments from the public. 

The Commission recommended approval of the Rezoning request subject to the conditions recommended by staff. 

ANALYSIS:
The applicant has provided the information and materials necessary for review of the rezoning.

Staff recommends approval of Rezoning Case No. 2017-073 subject to the following conditions:

1. Prior to the issuance of any building permit for commercial use, a traffic study shall be conducted at owner’s expense, and owner shall construct all improvements required by said study at owner’s expense. Said study shall be conducted by an engineer selected by the City of San Luis.
2. Commercial uses to exclude City Code §152.107(A)6-Mortuaries and §152.107(A)20-General Auto Repair.