 |
AGENDA ITEM REVIEW FORM |
5.A.
Regular City Council Meeting
- Meeting Date:
- 12/11/2019
- Department Head:
- Jose A. Guzman
- Submitted By:
- Jose A. Guzman, Director of Planning & Zoning, Planning & Zoning Department
Action Requested:
Motion
Public Hearing
Resolution
Public Hearing
Resolution
ITEM:
Public hearing followed by discussion and possible action on any and all matters regarding Major General Plan Amendment Case No. 2019-0394 and Resolution No. 2109. A resolution of the Mayor and City Council of the City of San Luis amending the 2020 General Plan to change the land use designation of approximately 164.76 acres of land located on the northeast corner of Avenue E and County 24th Street from Business and Industrial to Neighborhood; repealing any conflict provisions; and providing for severability. (Jose A. Guzman, Director of Planning & Zoning)
A. Open public hearing
1. Staff presentation
2. Call to the Public on this item
B. Close public hearing
C. Action on Resolution No. 2109
A. Open public hearing
1. Staff presentation
2. Call to the Public on this item
B. Close public hearing
C. Action on Resolution No. 2109
SUMMARY:
This request for a Major General Plan Amendment was submitted to the City of San Luis in June 2019 by Edais Engineering, Inc. The request is to amend the land use designation on 164.76 acres from Business and Industrial to Neighborhood. The subject properties, Assessor’s Parcel No. 227-11-004 and 227-11-005, are located on the east mesa of the City of San Luis and the legal descriptions are attached to this report.
LOCATION AND PARCEL INFORMATION:
The general location of the proposed amendment area is bounded by San Luis Lane (County 23 ½ Street) to the north, Avenue E to the west, Avenue D to the east and County 24th Street to the south.
Parcel 1
Assessor's Parcel Number: 227-11-004
Property Owner: San Luis Port LLC AZ LIAB CO
Acreage: 74.80 Acres
Current Land Use Designation: Industrial
Proposed Land Use Designation: Neighborhood
Current Zoning: Light Industrial (L-I)
Proposed Zoning: Medium Density Residential (R1-6)
Parcel 2
Assessor's Parcel Number: Portion of 227-11-005
Property Owner: San Luis Port LLC AZ LIAB CO
Acreage: 86.96 Acres
Current Land Use Designation: Business
Proposed Land Use Designation: Neighborhood
Current Zoning: Combination of Light Industrial (L-I) Medium Density Residential (R-2), and High-Density Residential (R-3).
Proposed Zoning: Medium Density Residential (R1-6)
INTENT OF AMENDMENT:
The reason for the requested Major General Plan Amendment is to rezone the properties to Medium Density Residential (R1-6) and develop it as single-family residential. The current General Plan designation does not allow the proposed zoning districts.
SURROUNDING PROPERTIES:
The area to the north belongs to the Arizona State Land Trust and is under county jurisdiction. The area to the east is occupied by the San Luis Regional Detention and Support Center and is zoned as Rural Area 10-acre minimum (RA-10). To the south, the properties are vacant land and are zoned Community Commercial (C-2) and Light Industrial (L-I).
LAND USE DESIGNATIONS:
The current General Plan land use designation of Assessor’s Parcel No. 227-11-004 is Industrial. The intent of this designation is to allow for a variety of industrial uses, including manufacturing facilities assembly plants, warehouses, coolers, distribution centers, freight-based activities, transportation-related activities, and other employment generating activities. The permitted zoning districts within this land use designation are Light Industrial (L-I), Heavy Industrial (H-I) and Community Commercial (C-2) zoning district. This property is currently zoned as Light Industrial (L-I).
The current General Plan land use designation of Assessor’s Parcel No. 227-11-005 is Business. The designation is planned for areas suitable for higher intensity commercial, office, employment, and appropriate industrial uses. The permitted zoning districts within this land use designation are Neighborhood Commercial (C-1), Community Commercial (C-2), Light Industrial (L-I) and Heavy Industrial (H-I). The property is zoned as a combination of Community Commercial (C-2), Light Industrial (L-I), Medium Density Residential (R-2), and High-Density Residential (R-3).
The proposed land use designation for both properties is Neighborhood. The intent of this designation is to allow residential, neighborhood type commercial, community services/facilities, parks, open space, schools, and master-planned communities. The residential uses may include single-family detached units, single-family attached units, townhouses, condominiums, and apartments. The permitted zoning districts within this designation are Low and Medium Density Residential (R1-12, R1-8, R1-6), Medium-High Density Residential (R-2), High Density Residential (R-3), Neighborhood Commercial (C-1), Mixed Use (MU), Residential Planned Unit Development (R-PUD), Manufacture Home (MH), Recreation Vehicle (RV), and Open Space Conservation (OSC) zoning districts.
RELEVANT HISTORY:
The subject property was annexed to the City of San Luis in 2000 as a portion of a larger area. At that time, a Pre-annexation Development Agreement was adopted (Resolution No. 421). The larger area included the properties where the San Luis Regional Detention and Support Center and East Wastewater Treatment Plant are now located.
The agreement included provisions to allow the development of and the establishment of the use of a private prison under the existing zoning regulations. It was agreed by the property owner and the city that Light Industrial uses were the most appropriate uses for the remaining of the property to be annexed.
After the annexation became effective, the owner applied to rezone the properties within the newly annexed area (Rezoning Case No. 2010-11, -12, -13 and -14). The request was seeking residential zoning in an area primarily designated for industrial uses. In 2011, Resolution No. 933 amended the Pre-annexation Agreement to include certain provisions to allow for limited High-Density Residential development, as requested by the owner. The decision to include High-Density Residential was based on the potential need for townhouses or condominiums to accommodate short-term employees in the construction or development fields.
APPLICATION PROCESS:
The City of San Luis General Plan provides a shared vision of San Luis’ future for city decision-makers, residents and others working with the city. It includes 14 elements that taken together, provides a blueprint for growth and development that will enhance the life of San Luis residents and businesses. All parts of the General Plan are related and should be collectively applied. For this reason, proposed amendments to the General Plan will be analyzed in a comprehensive manner.
Pursuant to A.R.S. §9-461.06 (G), a major amendment is defined as a “substantial alteration of the municipality’s land use mixture or balance as established in the municipality’s existing general plan land use element.”
Major Amendments to the General Plan are considered once each year pursuant to A.R.S. §9-461.06 (G). Major Amendment applications must be submitted within the same calendar year they are being considered at a single public hearing. A Major Amendment shall be approved by an affirmative vote of at least two-thirds of the members of the City Council.
CUMULATIVE EFFECT:
All amendments must be considered concurrently in order to evaluate their cumulative effect on the General Plan. This application is being reviewed as part of the annual cycle of general plan amendments along with two (2) other applications:
AGENCY REVIEW AND PUBLIC COMMENT:
As required by State Statute (A.R.S. §9-461.06(D)), a notice of this proposal was sent to relevant government agencies for their review. The 60-day review period ended on September 9, 2019.
During this period, comments were received from the following agencies:
Notice of this proposal was also sent to all property owners within the notification area (8 letters). No public comments were received during the public comment period.
CITIZEN REVIEW MEETING:
In accordance with State Statute (A.R.S. §9-462.03) and City Code (§152.040(C)), a Citizen Review meeting was held at San Luis City Hall on October 1, 2019, at 6:00 PM.
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 amendment prior to the public hearing. There were no people from the public present.
PLANNING AND ZONING COMMISSION:
Arizona Revised Statutes (A.R.S. §9-461.06(E)) requires that cities over 25,000 in population must hold two (2) public hearings for any Major General Plan Amendment. The two (2) or more public hearings must be held in two (2) different locations on two (2) different dates. The first Public Hearing for this request was held on October 8, 2019, at the San Luis Cesar Chavez Cultural Center. The second Public Hearing was held on October 15, 2019, at the San Luis Council Chambers. The minutes from both meetings are attached.
APPROVAL CRITERIA:
As per San Luis City Code §152.047(E), in determining whether the proposed General Plan Amendment shall be approved, the Planning and Zoning Commission and City Council shall assure that the proposed amendment meets all of the following criteria:
1. The development pattern contained in the existing San Luis General Plan - Land Use Plan does not adequately provide appropriate optional sites for the use or change proposed in the amendment.
2. The amendment constitutes an overall improvement to the San Luis General Plan and is not solely for the good or benefit of a particular landowner or owners at a particular point in time.
3. The amendment will not adversely impact the community as a whole or a portion of the community by:
4. The amendment is consistent with the General Plan’s overall intent, vision, goals, and objectives as well as being compliant with other adopted plans, codes, and ordinances.
GENERAL PLAN ANALYSIS:
The City of San Luis General Plan 2020 sets forth the city’s land use doctrine. The General Plan guides and directs all city land-use decisions. Furthermore, state law requires that any project must be consistent with the General Plan.
As per San Luis City Code §152.047(E), in determining whether the proposed General Plan Amendment shall be approved, the Planning and Zoning Commission and City Council shall assure that the proposed amendment meets all of the following criteria:
1. The development pattern contained in the existing San Luis General Plan - Land Use Plan, does not adequately provide appropriate optional sites for the use or change proposed in the amendment.
Analysis:
The San Luis General Plan does provide appropriate optional sites for the use proposed in the amendment. The Neighborhood areas within the planning area are located both north and south of Cesar Chavez Boulevard, between U.S. Highway 95 and Avenue E, adjacent to the US 95 corridor and to the west of the business area along Avenue B.
The San Luis Land Use Plan provides a framework to accommodate future growth in a well-managed and sustainable way. The Land Use Element designates the proposed general distribution, location and extent of such land uses as housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space and such other categories of public and private uses of land as may be appropriate to the City of San Luis.
The Growth Area Element, states that proactively directing growth is essential to efficiency using available infrastructure and promoting a sustainable community. This element identifies areas that are particularly suitable for infrastructure expansion, multi-modal transportation and improvements designed to support planned concentration of a variety of land uses such as commerce, industry, and residential neighborhoods.
Various locations described below are identified as Growth Areas due to their location and the existence of all or some of the infrastructure necessary to support new construction.
Residential Growth Areas:
Two (2) areas are specifically identified for residential growth and expansion:
San Luis II Commercial Port of Entry North-
These two (2) overarching Elements of the General Plan specifically prohibit the conversion of employment lands to residential uses unless the proposed site is in a Residential Growth Area.
There are two (2) Growth Areas identified for residential development. A stable political environment, municipal water service, minimal slope, and good soils contribute to the conduciveness of the area for new development. A variety of land disposition techniques, such as land swaps, purchase or lease, may be utilized in order to allow use of Bureau of Land Management (BLM) and Bureau of Reclamation (BOR) lands. Lands owned by the State of Arizona are available for purchase or lease through an application and auction process.
The area along Avenue E and the San Luis II Commercial Port of Entry is the only Growth Area identified for industrial development. This area east of Avenue E has been historically reserved for Industrial uses and is the only Growth Area designated for Industrial development. Moreover, this area is in one of the specific areas that the General Plan identifies for the preservation of employment land. Preservation of these lands will allow a future industrial user to successfully operate a larger employment business on this site. In order to allow the necessary revenue-generating businesses to locate in San Luis, there needs to be ample space for these businesses, away from residential uses that can hinder the ability of these sites to operate at their full capacity. With limited locations for potential industrial users to locate to, the need to preserve the industrial space that exists is the key priority to making other General Plan goals and policies come to fruition.
2. The amendment constitutes an overall improvement to the San Luis General Plan and is not solely for the good or benefit of a particular landowner or owners at a particular point in time.
Analysis:
This general plan amendment not only converts employment lands, but it places a burden on the remaining land adjacent to the site and it will place constraints on future operational practices on this area for any industrial user. Permitting residential development will start a chain reaction of land conversions in this overall industrial area, eliminating the much-needed industrial-designated land. This is a large area, almost 164.76 acres in size, that can be a prime location for future industrial users, and as such, should be maintained as an industrial site.
Conclusion:
The question presented is whether or not the amendment is solely for the benefit of the owner at this point in time. Typically, General Plan Amendments benefit the owner either by enhanced development potential or quicker absorption possibilities for its property. In this amendment, the owner is benefited by having a land use designation that is more economically advantageous to the owner.
However, the approval of the proposed General Plan Amendment would create incompatible land uses in industrial zones and would disadvantage the City of San Luis as a place for industrial activities. Therefore, the amendment does not constitute an overall improvement to the General Plan.
3. The amendment will not adversely impact the community as a whole or a portion of the community by:
4. The amendment is consistent with the General Plan’s overall intent, vision, goals, and objectives as well as being compliant with other adopted plans, codes, and ordinances.
Analysis:
Based on the analysis described above, the requested General Plan Amendment is inconsistent with the city’s General Plan. The General Plan, functioning as the city’s land use doctrine, designates the site as Industrial. This classification encompasses a variety of light and heavy industrial uses such as manufacturing, packaging, processing, warehousing, distribution, and ancillary support uses. The requested general plan amendment would allow residential development within an area planned for industrial uses, that are inconsistent with the intent of the General Plan.
Conclusion:
The General Plan has numerous goals and objectives that prohibit and discourage the encroachment of uses that are not compatible with industrial uses. The General Plan designates growth areas for residential development within the planning area. The proposed amendment area was originally designed and agreed on to be designated as industrial area. Accordingly, it is important to retain these areas for manufacturing, packaging, processing, warehousing and distribution and, in effect maintaining areas for job creation, by denying the requested General Plan amendment.
Additionally, staff has determined that the application is inconsistent with the following goals and objectives:
Land Use Element
Goal 2. Reserve areas for employment uses including manufacturing and industrial parks.
Goal 2. Objective B. Focus on areas with convenient access to San Luis II Commercial Port of Entry.
Goal 4.Objective C. Provide appropriate land uses in the vicinity of San Luis II Commercial Port of Entry.
Goal 5. Promote land use compatibility.
Goal 5. Objective B. Provide appropriate open space or industrial buffers adjacent to the prisons.
Growth Area Element
Goal 1. Identify areas for commercial, industrial and residential growth within and adjacent to the city.
Goal 3. Assure compatibility between new development and existing neighborhoods.
Circulation Element
Goal 2. Match land-use intensities with planned transportation system capacities.
Housing Element
Goal 2. Objective A. Guide residential development within the residentially designated areas on the Future Land Use Plan.
Based on the analysis described above, the requested General Plan Amendment is inconsistent with the goals and objectives of the City of San Luis General Plan, therefore does not meet the approval criteria.
RELEVANT STUDIES, PLANS, & DOCUMENTS:
The following studies, plans, and documents were reviewed by staff so that any pertinent recommendations could be taken into consideration in this analysis. All documents are consistent with the proposed use of Avenue E as a commercial truck route and having the appropriate land use designation of Industrial along said Avenue:
The City of San Luis is working on the decennial General Plan Update alongside Matrix Design Group. Attached to this report is a letter from Matrix Design Group recommending to Council to not approve any Major General Plan Amendment until the adoption of the General Plan Update because any change can alter the overall land use mix within the Municipal Planning Area and thereby affect future city services and resources.
STAFF RECOMMENDATION:
Staff recommends DENIAL of Major General Plan Amendment Case No. 2019-0394, a request by Edais Engineering Inc. for a Major General Plan Amendment from Business and Industrial to Neighborhood on 164.76 acres of land located at the northeast corner of Avenue E and County 24th Street.
LOCATION AND PARCEL INFORMATION:
The general location of the proposed amendment area is bounded by San Luis Lane (County 23 ½ Street) to the north, Avenue E to the west, Avenue D to the east and County 24th Street to the south.
Parcel 1
Assessor's Parcel Number: 227-11-004
Property Owner: San Luis Port LLC AZ LIAB CO
Acreage: 74.80 Acres
Current Land Use Designation: Industrial
Proposed Land Use Designation: Neighborhood
Current Zoning: Light Industrial (L-I)
Proposed Zoning: Medium Density Residential (R1-6)
Parcel 2
Assessor's Parcel Number: Portion of 227-11-005
Property Owner: San Luis Port LLC AZ LIAB CO
Acreage: 86.96 Acres
Current Land Use Designation: Business
Proposed Land Use Designation: Neighborhood
Current Zoning: Combination of Light Industrial (L-I) Medium Density Residential (R-2), and High-Density Residential (R-3).
Proposed Zoning: Medium Density Residential (R1-6)
INTENT OF AMENDMENT:
The reason for the requested Major General Plan Amendment is to rezone the properties to Medium Density Residential (R1-6) and develop it as single-family residential. The current General Plan designation does not allow the proposed zoning districts.
SURROUNDING PROPERTIES:
The area to the north belongs to the Arizona State Land Trust and is under county jurisdiction. The area to the east is occupied by the San Luis Regional Detention and Support Center and is zoned as Rural Area 10-acre minimum (RA-10). To the south, the properties are vacant land and are zoned Community Commercial (C-2) and Light Industrial (L-I).
LAND USE DESIGNATIONS:
The current General Plan land use designation of Assessor’s Parcel No. 227-11-004 is Industrial. The intent of this designation is to allow for a variety of industrial uses, including manufacturing facilities assembly plants, warehouses, coolers, distribution centers, freight-based activities, transportation-related activities, and other employment generating activities. The permitted zoning districts within this land use designation are Light Industrial (L-I), Heavy Industrial (H-I) and Community Commercial (C-2) zoning district. This property is currently zoned as Light Industrial (L-I).
The current General Plan land use designation of Assessor’s Parcel No. 227-11-005 is Business. The designation is planned for areas suitable for higher intensity commercial, office, employment, and appropriate industrial uses. The permitted zoning districts within this land use designation are Neighborhood Commercial (C-1), Community Commercial (C-2), Light Industrial (L-I) and Heavy Industrial (H-I). The property is zoned as a combination of Community Commercial (C-2), Light Industrial (L-I), Medium Density Residential (R-2), and High-Density Residential (R-3).
The proposed land use designation for both properties is Neighborhood. The intent of this designation is to allow residential, neighborhood type commercial, community services/facilities, parks, open space, schools, and master-planned communities. The residential uses may include single-family detached units, single-family attached units, townhouses, condominiums, and apartments. The permitted zoning districts within this designation are Low and Medium Density Residential (R1-12, R1-8, R1-6), Medium-High Density Residential (R-2), High Density Residential (R-3), Neighborhood Commercial (C-1), Mixed Use (MU), Residential Planned Unit Development (R-PUD), Manufacture Home (MH), Recreation Vehicle (RV), and Open Space Conservation (OSC) zoning districts.
RELEVANT HISTORY:
The subject property was annexed to the City of San Luis in 2000 as a portion of a larger area. At that time, a Pre-annexation Development Agreement was adopted (Resolution No. 421). The larger area included the properties where the San Luis Regional Detention and Support Center and East Wastewater Treatment Plant are now located.
The agreement included provisions to allow the development of and the establishment of the use of a private prison under the existing zoning regulations. It was agreed by the property owner and the city that Light Industrial uses were the most appropriate uses for the remaining of the property to be annexed.
After the annexation became effective, the owner applied to rezone the properties within the newly annexed area (Rezoning Case No. 2010-11, -12, -13 and -14). The request was seeking residential zoning in an area primarily designated for industrial uses. In 2011, Resolution No. 933 amended the Pre-annexation Agreement to include certain provisions to allow for limited High-Density Residential development, as requested by the owner. The decision to include High-Density Residential was based on the potential need for townhouses or condominiums to accommodate short-term employees in the construction or development fields.
APPLICATION PROCESS:
The City of San Luis General Plan provides a shared vision of San Luis’ future for city decision-makers, residents and others working with the city. It includes 14 elements that taken together, provides a blueprint for growth and development that will enhance the life of San Luis residents and businesses. All parts of the General Plan are related and should be collectively applied. For this reason, proposed amendments to the General Plan will be analyzed in a comprehensive manner.
Pursuant to A.R.S. §9-461.06 (G), a major amendment is defined as a “substantial alteration of the municipality’s land use mixture or balance as established in the municipality’s existing general plan land use element.”
Major Amendments to the General Plan are considered once each year pursuant to A.R.S. §9-461.06 (G). Major Amendment applications must be submitted within the same calendar year they are being considered at a single public hearing. A Major Amendment shall be approved by an affirmative vote of at least two-thirds of the members of the City Council.
CUMULATIVE EFFECT:
All amendments must be considered concurrently in order to evaluate their cumulative effect on the General Plan. This application is being reviewed as part of the annual cycle of general plan amendments along with two (2) other applications:
- Major General Plan Amendment Case No. 2019-0394 (this Case)
- Major General Plan Amendment Case No. 2019-0395
- Major General Plan Amendment Case No. 2019-0396
AGENCY REVIEW AND PUBLIC COMMENT:
As required by State Statute (A.R.S. §9-461.06(D)), a notice of this proposal was sent to relevant government agencies for their review. The 60-day review period ended on September 9, 2019.
During this period, comments were received from the following agencies:
- Arizona Department of Transportation (ADOT) Southwest District
- Marine Corps Air Station Yuma
Notice of this proposal was also sent to all property owners within the notification area (8 letters). No public comments were received during the public comment period.
CITIZEN REVIEW MEETING:
In accordance with State Statute (A.R.S. §9-462.03) and City Code (§152.040(C)), a Citizen Review meeting was held at San Luis City Hall on October 1, 2019, at 6:00 PM.
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 amendment prior to the public hearing. There were no people from the public present.
PLANNING AND ZONING COMMISSION:
Arizona Revised Statutes (A.R.S. §9-461.06(E)) requires that cities over 25,000 in population must hold two (2) public hearings for any Major General Plan Amendment. The two (2) or more public hearings must be held in two (2) different locations on two (2) different dates. The first Public Hearing for this request was held on October 8, 2019, at the San Luis Cesar Chavez Cultural Center. The second Public Hearing was held on October 15, 2019, at the San Luis Council Chambers. The minutes from both meetings are attached.
APPROVAL CRITERIA:
As per San Luis City Code §152.047(E), in determining whether the proposed General Plan Amendment shall be approved, the Planning and Zoning Commission and City Council shall assure that the proposed amendment meets all of the following criteria:
1. The development pattern contained in the existing San Luis General Plan - Land Use Plan does not adequately provide appropriate optional sites for the use or change proposed in the amendment.
2. The amendment constitutes an overall improvement to the San Luis General Plan and is not solely for the good or benefit of a particular landowner or owners at a particular point in time.
3. The amendment will not adversely impact the community as a whole or a portion of the community by:
a. Significantly altering acceptable existing land use patterns,
b. Requiring additional and more expensive improvements to roads, sewer, or water delivery systems than are needed to support the prevailing land uses and which, therefore, may impact developments in other areas,
c. Adversely impacting existing or previously planned uses through increased traffic generated by the proposal on existing systems, or
d. Affecting the livability of the area or the health and safety of the residents.
4. The amendment is consistent with the General Plan’s overall intent, vision, goals, and objectives as well as being compliant with other adopted plans, codes, and ordinances.
GENERAL PLAN ANALYSIS:
The City of San Luis General Plan 2020 sets forth the city’s land use doctrine. The General Plan guides and directs all city land-use decisions. Furthermore, state law requires that any project must be consistent with the General Plan.
As per San Luis City Code §152.047(E), in determining whether the proposed General Plan Amendment shall be approved, the Planning and Zoning Commission and City Council shall assure that the proposed amendment meets all of the following criteria:
1. The development pattern contained in the existing San Luis General Plan - Land Use Plan, does not adequately provide appropriate optional sites for the use or change proposed in the amendment.
Analysis:
The San Luis General Plan does provide appropriate optional sites for the use proposed in the amendment. The Neighborhood areas within the planning area are located both north and south of Cesar Chavez Boulevard, between U.S. Highway 95 and Avenue E, adjacent to the US 95 corridor and to the west of the business area along Avenue B.
The San Luis Land Use Plan provides a framework to accommodate future growth in a well-managed and sustainable way. The Land Use Element designates the proposed general distribution, location and extent of such land uses as housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space and such other categories of public and private uses of land as may be appropriate to the City of San Luis.
The Growth Area Element, states that proactively directing growth is essential to efficiency using available infrastructure and promoting a sustainable community. This element identifies areas that are particularly suitable for infrastructure expansion, multi-modal transportation and improvements designed to support planned concentration of a variety of land uses such as commerce, industry, and residential neighborhoods.
Various locations described below are identified as Growth Areas due to their location and the existence of all or some of the infrastructure necessary to support new construction.
Residential Growth Areas:
Two (2) areas are specifically identified for residential growth and expansion:
- County 24th Street- Additional single-family neighborhood development is planned for privately-owned lands north of County 24th Street, east of 10th Avenue and west of Avenue E 1/2.
- North San Luis- The area north of Cesar Chavez Boulevard, south of County 22nd Street and between 10th Avenue and Avenue F is identified as neighborhood and supporting retail development.
San Luis II Commercial Port of Entry North-
- This high priority growth area is critically important to commercial and service expansion in support of the San Luis II Commercial Port of Entry. This modern port of entry opened in November 2010. Private land ownership and access limitations along Avenue E create opportunities for development along the Avenue E Corridor.
These two (2) overarching Elements of the General Plan specifically prohibit the conversion of employment lands to residential uses unless the proposed site is in a Residential Growth Area.
There are two (2) Growth Areas identified for residential development. A stable political environment, municipal water service, minimal slope, and good soils contribute to the conduciveness of the area for new development. A variety of land disposition techniques, such as land swaps, purchase or lease, may be utilized in order to allow use of Bureau of Land Management (BLM) and Bureau of Reclamation (BOR) lands. Lands owned by the State of Arizona are available for purchase or lease through an application and auction process.
The area along Avenue E and the San Luis II Commercial Port of Entry is the only Growth Area identified for industrial development. This area east of Avenue E has been historically reserved for Industrial uses and is the only Growth Area designated for Industrial development. Moreover, this area is in one of the specific areas that the General Plan identifies for the preservation of employment land. Preservation of these lands will allow a future industrial user to successfully operate a larger employment business on this site. In order to allow the necessary revenue-generating businesses to locate in San Luis, there needs to be ample space for these businesses, away from residential uses that can hinder the ability of these sites to operate at their full capacity. With limited locations for potential industrial users to locate to, the need to preserve the industrial space that exists is the key priority to making other General Plan goals and policies come to fruition.
2. The amendment constitutes an overall improvement to the San Luis General Plan and is not solely for the good or benefit of a particular landowner or owners at a particular point in time.
Analysis:
This general plan amendment not only converts employment lands, but it places a burden on the remaining land adjacent to the site and it will place constraints on future operational practices on this area for any industrial user. Permitting residential development will start a chain reaction of land conversions in this overall industrial area, eliminating the much-needed industrial-designated land. This is a large area, almost 164.76 acres in size, that can be a prime location for future industrial users, and as such, should be maintained as an industrial site.
Conclusion:
The question presented is whether or not the amendment is solely for the benefit of the owner at this point in time. Typically, General Plan Amendments benefit the owner either by enhanced development potential or quicker absorption possibilities for its property. In this amendment, the owner is benefited by having a land use designation that is more economically advantageous to the owner.
However, the approval of the proposed General Plan Amendment would create incompatible land uses in industrial zones and would disadvantage the City of San Luis as a place for industrial activities. Therefore, the amendment does not constitute an overall improvement to the General Plan.
3. The amendment will not adversely impact the community as a whole or a portion of the community by:
a. Significantly altering acceptable existing land use patterns,
Analysis:
The proposed amendment would allow residential use surrounded by industrial designations and existing uses such as the private prison and a wastewater treatment facility.
Conclusion:
Approval of the proposed General Plan Amendment would create incompatible land uses in an industrial zone and would disadvantage the City of San Luis as a place for industrial activities. Industrial land uses are associated with the heavy intensity use of raw materials for the purpose of developing, manufacturing, storing and shipping products, specifically in the Industrial Land Use designation. Neighborhood uses are associated with residential, neighborhood type commercial, community services/facilities, parks, open space, schools, and master-planned communities. The fundamental purpose of the industrial and neighborhood land use demonstrates their incompatibility, and mixing these two (2) disparate uses creates difficulties for each. Industrial businesses would not want to be located adjacent to a residential use because their operations may be restricted to preserve the general welfare of the people. This incompatibility would discourage industrial uses in that area.
Further, approving this request would be contrary to the Land Use Element Section 2.8- “Employment property must be vigorously protected from being changed to residential uses since once residential development begins to occur it is very difficult to bring employment uses to the vicinity.” Therefore, the requested general plan amendment would create incompatible uses that would disadvantage the city as a place to conduct industrial activities. In addition, locating residential within industrial areas could subject users to hazards and nuisances, including noises, odors, and materials associated with industrial processes.
b. Requiring additional and more expensive improvements to roads, sewer, or water delivery systems than are needed to support the prevailing land uses and which, therefore, may impact developments in other areas.
Analysis:
It is the desire of the city to encourage development that requires little or no extension of services. Development that occurs within or directly adjacent to existing infrastructure or service areas is the most cost-effective since much of the investment in providing those services has already been made. Building outside of these existing service areas creates sprawl that is very expensive to the community unless the majority of the costs are borne by the developer. These costs are not just the basic infrastructure, but also for public safety services that must expand service areas to accommodate the new development.
Growth Areas play a significant role in obtaining economic development goals for business and service expansion and revenue generation. The area where the proposed property is located is identified in the General Plan as a Growth Area for Commercial and Industrial Activities and not for Residential.
Conclusion:
The predominant growth pattern in the last 10 years is housing. San Luis experienced rapid population growth that triggered new residential development. However, the commercial, retail, and infrastructure growth has not balanced with the residential growth. The continued loss of industrial land to residential uses will impair the use of the remaining industrial land for industrial uses. Staff, as directed by the General Plan, strongly supports the preservation of the industrial land in the city in order to ensure that future job opportunities of this type will occur. The conversion of industrial land in this area will shrink the city’s opportunity to provide this type of land use in the city, and most likely will require a greater amount of city services and affect the city’s fiscal stability.
c. Adversely impacting existing or previously planned uses through increased traffic generated by the proposal on existing systems; or
Analysis:
The San Luis Circulation Element focuses on multi-modal circulation and transportation systems that will support the current and future land uses. This element is intended to ensure that residents and visitors can move safely, efficiently and conveniently throughout the planning area and also easily access connections to reach the regional area.
State Route 195 was opened to traffic on September 4, 2009. The Arizona Department of Transportation (ADOT), in conjunction with the Federal Highway Administration (FHWA) and the Yuma Metropolitan Planning Organization (YMPO) identified the need to provide a direct transportation route between the then future commercial international Port of Entry (POE) near San Luis, Arizona and Interstate 8 (I-8).
San Luis POE II was built in 2010, it is located approximately five miles east of San Luis POE I at the terminus of Avenue E. It provides commercial vehicle inspection and direct access to State Route 195 (SR-195). San Luis POE II was designed with the potential for expansion to accommodate more commercial vehicles per day. POE II is a significant contributor to promoting regional trade.
State Route 195 – Area Service Highway (ASH) connects with Cesar Chavez Boulevard and begins at approximately Avenue E. This roadway is classified as an expressway and consists of two (2) travel lanes in each direction with a wide center median. It will be the major facility supporting international trade associated with San Luis II Commercial Port of Entry. It will provide uncongested access to Interstate 8 for truck traffic.
In the year 2008, the San Luis Future Land Use Plan was amended to include a revised land-use plan for the lands adjacent to San Luis Land Port of Entry (SLLPOE) II. The purpose of the amendment was to address projected economy, land use and transportation changes due to growth and development within the region and increased border activity as a result of the development of the SR-195 and the new SLLPOE II. The amended areas are generally bounded to the north by County 19th Street, to the south by the international border, to the east by Avenue F, and to the west by Avenue D.
Due to the proximity to the SLLPOE II and the SR-195, most of the area around Avenue E was designated for Industrial development. The Avenue E corridor was built to standards accommodating heavy trucking activity. Avenue E is identified as a hazardous cargo route in the Yuma County Hazardous Materials Emergency Plan.
Conclusion:
The mix of commercial and non-commercial vehicles creates traffic safety problems as trucks and cars are required to cross between each other. Commercial trucks create visibility problems for non-commercial vehicles, and non-commercial vehicles often back up, congest, and cross paths designed for commercial activity. The proposed amendment would also allow schools to be in an area for industrial uses. An increase in pedestrian traffic contributes to the growing safety problem, including school kids walking or crossing roadways meant for heavy commercial traffic.
The proposed amendment would adversely affect Avenue E corridor due to the potential hazards by creating a mixture of commercial and non-commercial vehicles. The amendment is inconsistent with the purpose and intention for Avenue E Corridor.
d. Affecting the livability of the area or the health and safety of the residents.
Analysis:
The requested general plan amendment results in the encroachment of incompatible land use and non-industrial uses in industrial zones, which this policy expressly prohibits. As previously discussed, industrial land uses involve high-intensity use raw materials for the manufacturing, storage, and shipment of products. These industrial uses frequently result in noise, long operating hours, and large vehicle deliveries and shipments. Neighborhood uses stand in sharp contrast to industrial uses. Neighborhood uses involve all residential uses. Residential uses in an industrial zone would expose people to the byproducts of industrial operations which creates an incompatible situation, the essence of incompatible land use uses. The city would potentially need to impose operational restrictions to resolve conflicts and incompatibilities between residential and industrial land uses.
Conclusion:
The proposed General Plan amendment will adversely affect the public health, safety, and welfare of the residents of San Luis. The project is inconsistent with San Luis Zoning Regulations by proposing to amend the General Plan to allow residential zones adjacent to industrial. These regulations are designed to conserve and promote the public interest, health, comfort, safety, convenience, and general welfare of the citizens of the City of San Luis. A project that conflicts with these regulations would, therefore, be detrimental to the health, safety, and welfare of the residents of San Luis.
Analysis:
The proposed amendment would allow residential use surrounded by industrial designations and existing uses such as the private prison and a wastewater treatment facility.
Conclusion:
Approval of the proposed General Plan Amendment would create incompatible land uses in an industrial zone and would disadvantage the City of San Luis as a place for industrial activities. Industrial land uses are associated with the heavy intensity use of raw materials for the purpose of developing, manufacturing, storing and shipping products, specifically in the Industrial Land Use designation. Neighborhood uses are associated with residential, neighborhood type commercial, community services/facilities, parks, open space, schools, and master-planned communities. The fundamental purpose of the industrial and neighborhood land use demonstrates their incompatibility, and mixing these two (2) disparate uses creates difficulties for each. Industrial businesses would not want to be located adjacent to a residential use because their operations may be restricted to preserve the general welfare of the people. This incompatibility would discourage industrial uses in that area.
Further, approving this request would be contrary to the Land Use Element Section 2.8- “Employment property must be vigorously protected from being changed to residential uses since once residential development begins to occur it is very difficult to bring employment uses to the vicinity.” Therefore, the requested general plan amendment would create incompatible uses that would disadvantage the city as a place to conduct industrial activities. In addition, locating residential within industrial areas could subject users to hazards and nuisances, including noises, odors, and materials associated with industrial processes.
b. Requiring additional and more expensive improvements to roads, sewer, or water delivery systems than are needed to support the prevailing land uses and which, therefore, may impact developments in other areas.
Analysis:
It is the desire of the city to encourage development that requires little or no extension of services. Development that occurs within or directly adjacent to existing infrastructure or service areas is the most cost-effective since much of the investment in providing those services has already been made. Building outside of these existing service areas creates sprawl that is very expensive to the community unless the majority of the costs are borne by the developer. These costs are not just the basic infrastructure, but also for public safety services that must expand service areas to accommodate the new development.
Growth Areas play a significant role in obtaining economic development goals for business and service expansion and revenue generation. The area where the proposed property is located is identified in the General Plan as a Growth Area for Commercial and Industrial Activities and not for Residential.
Conclusion:
The predominant growth pattern in the last 10 years is housing. San Luis experienced rapid population growth that triggered new residential development. However, the commercial, retail, and infrastructure growth has not balanced with the residential growth. The continued loss of industrial land to residential uses will impair the use of the remaining industrial land for industrial uses. Staff, as directed by the General Plan, strongly supports the preservation of the industrial land in the city in order to ensure that future job opportunities of this type will occur. The conversion of industrial land in this area will shrink the city’s opportunity to provide this type of land use in the city, and most likely will require a greater amount of city services and affect the city’s fiscal stability.
c. Adversely impacting existing or previously planned uses through increased traffic generated by the proposal on existing systems; or
Analysis:
The San Luis Circulation Element focuses on multi-modal circulation and transportation systems that will support the current and future land uses. This element is intended to ensure that residents and visitors can move safely, efficiently and conveniently throughout the planning area and also easily access connections to reach the regional area.
State Route 195 was opened to traffic on September 4, 2009. The Arizona Department of Transportation (ADOT), in conjunction with the Federal Highway Administration (FHWA) and the Yuma Metropolitan Planning Organization (YMPO) identified the need to provide a direct transportation route between the then future commercial international Port of Entry (POE) near San Luis, Arizona and Interstate 8 (I-8).
San Luis POE II was built in 2010, it is located approximately five miles east of San Luis POE I at the terminus of Avenue E. It provides commercial vehicle inspection and direct access to State Route 195 (SR-195). San Luis POE II was designed with the potential for expansion to accommodate more commercial vehicles per day. POE II is a significant contributor to promoting regional trade.
State Route 195 – Area Service Highway (ASH) connects with Cesar Chavez Boulevard and begins at approximately Avenue E. This roadway is classified as an expressway and consists of two (2) travel lanes in each direction with a wide center median. It will be the major facility supporting international trade associated with San Luis II Commercial Port of Entry. It will provide uncongested access to Interstate 8 for truck traffic.
In the year 2008, the San Luis Future Land Use Plan was amended to include a revised land-use plan for the lands adjacent to San Luis Land Port of Entry (SLLPOE) II. The purpose of the amendment was to address projected economy, land use and transportation changes due to growth and development within the region and increased border activity as a result of the development of the SR-195 and the new SLLPOE II. The amended areas are generally bounded to the north by County 19th Street, to the south by the international border, to the east by Avenue F, and to the west by Avenue D.
Due to the proximity to the SLLPOE II and the SR-195, most of the area around Avenue E was designated for Industrial development. The Avenue E corridor was built to standards accommodating heavy trucking activity. Avenue E is identified as a hazardous cargo route in the Yuma County Hazardous Materials Emergency Plan.
Conclusion:
The mix of commercial and non-commercial vehicles creates traffic safety problems as trucks and cars are required to cross between each other. Commercial trucks create visibility problems for non-commercial vehicles, and non-commercial vehicles often back up, congest, and cross paths designed for commercial activity. The proposed amendment would also allow schools to be in an area for industrial uses. An increase in pedestrian traffic contributes to the growing safety problem, including school kids walking or crossing roadways meant for heavy commercial traffic.
The proposed amendment would adversely affect Avenue E corridor due to the potential hazards by creating a mixture of commercial and non-commercial vehicles. The amendment is inconsistent with the purpose and intention for Avenue E Corridor.
d. Affecting the livability of the area or the health and safety of the residents.
Analysis:
The requested general plan amendment results in the encroachment of incompatible land use and non-industrial uses in industrial zones, which this policy expressly prohibits. As previously discussed, industrial land uses involve high-intensity use raw materials for the manufacturing, storage, and shipment of products. These industrial uses frequently result in noise, long operating hours, and large vehicle deliveries and shipments. Neighborhood uses stand in sharp contrast to industrial uses. Neighborhood uses involve all residential uses. Residential uses in an industrial zone would expose people to the byproducts of industrial operations which creates an incompatible situation, the essence of incompatible land use uses. The city would potentially need to impose operational restrictions to resolve conflicts and incompatibilities between residential and industrial land uses.
Conclusion:
The proposed General Plan amendment will adversely affect the public health, safety, and welfare of the residents of San Luis. The project is inconsistent with San Luis Zoning Regulations by proposing to amend the General Plan to allow residential zones adjacent to industrial. These regulations are designed to conserve and promote the public interest, health, comfort, safety, convenience, and general welfare of the citizens of the City of San Luis. A project that conflicts with these regulations would, therefore, be detrimental to the health, safety, and welfare of the residents of San Luis.
4. The amendment is consistent with the General Plan’s overall intent, vision, goals, and objectives as well as being compliant with other adopted plans, codes, and ordinances.
Analysis:
Based on the analysis described above, the requested General Plan Amendment is inconsistent with the city’s General Plan. The General Plan, functioning as the city’s land use doctrine, designates the site as Industrial. This classification encompasses a variety of light and heavy industrial uses such as manufacturing, packaging, processing, warehousing, distribution, and ancillary support uses. The requested general plan amendment would allow residential development within an area planned for industrial uses, that are inconsistent with the intent of the General Plan.
Conclusion:
The General Plan has numerous goals and objectives that prohibit and discourage the encroachment of uses that are not compatible with industrial uses. The General Plan designates growth areas for residential development within the planning area. The proposed amendment area was originally designed and agreed on to be designated as industrial area. Accordingly, it is important to retain these areas for manufacturing, packaging, processing, warehousing and distribution and, in effect maintaining areas for job creation, by denying the requested General Plan amendment.
Additionally, staff has determined that the application is inconsistent with the following goals and objectives:
Land Use Element
Goal 2. Reserve areas for employment uses including manufacturing and industrial parks.
Goal 2. Objective B. Focus on areas with convenient access to San Luis II Commercial Port of Entry.
Goal 4.Objective C. Provide appropriate land uses in the vicinity of San Luis II Commercial Port of Entry.
Goal 5. Promote land use compatibility.
Goal 5. Objective B. Provide appropriate open space or industrial buffers adjacent to the prisons.
Growth Area Element
Goal 1. Identify areas for commercial, industrial and residential growth within and adjacent to the city.
Goal 3. Assure compatibility between new development and existing neighborhoods.
Circulation Element
Goal 2. Match land-use intensities with planned transportation system capacities.
Housing Element
Goal 2. Objective A. Guide residential development within the residentially designated areas on the Future Land Use Plan.
Based on the analysis described above, the requested General Plan Amendment is inconsistent with the goals and objectives of the City of San Luis General Plan, therefore does not meet the approval criteria.
RELEVANT STUDIES, PLANS, & DOCUMENTS:
The following studies, plans, and documents were reviewed by staff so that any pertinent recommendations could be taken into consideration in this analysis. All documents are consistent with the proposed use of Avenue E as a commercial truck route and having the appropriate land use designation of Industrial along said Avenue:
- City of San Luis 2020 General Plan
- City of San Luis Traffic Circulation Study
- City of San Luis Small Area Transportation Study
- San Luis II Land POE
- YMPO Regional Transportation Plan 2018-2041
- Yuma Regional Transportation Coordination Plan
- Binational Transportation Study
- Yuma County Comprehensive Plan
- City of Yuma General Plan
- City of Yuma Transportation Master Plan
- City of Somerton General Plan
- City of Somerton Small Area Transportation Study
- City of Somerton Transportation Plan Update
- Programa de Desarollo Urbano del Centro Poblacion, San Luis Rio Colorado, Sonora
- Arizona-Sonora Border Master Plan
- Arizona Trade Corridor Study
- Arizona Multi-modal Freight Analysis Study
- Arizona State Freight Plan
- ADOT, Yuma ASH Environmental Assessment
The City of San Luis is working on the decennial General Plan Update alongside Matrix Design Group. Attached to this report is a letter from Matrix Design Group recommending to Council to not approve any Major General Plan Amendment until the adoption of the General Plan Update because any change can alter the overall land use mix within the Municipal Planning Area and thereby affect future city services and resources.
STAFF RECOMMENDATION:
Staff recommends DENIAL of Major General Plan Amendment Case No. 2019-0394, a request by Edais Engineering Inc. for a Major General Plan Amendment from Business and Industrial to Neighborhood on 164.76 acres of land located at the northeast corner of Avenue E and County 24th Street.
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 DENY APPROVAL OF RESOLUTION NO. 2109.
1. Staff presentation
2. Call to the public on this item
B. I MOVE TO CLOSE PUBLIC HEARING.
C. I MOVE TO DENY APPROVAL OF RESOLUTION NO. 2109.
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
- Resolution No. 2109
- Location Map
- Major Amendment Cases
- Narrative Statement
- Legal Descriptions
- Arizona Department of Transportation Comments
- Marine Corps Air Station Yuma Comments
- Matrix Design Group Letter
- Planning and Zoning Commission Minutes of October 8, 2019
- Planning and Zoning Commission Minutes of October 15, 2019