Public hearing followed by discussion and possible action on any and all matters regarding Major General Plan Amendment Case No. 2019-0395 and Resolution No. 2110. 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 18.44 acres of land located on the southeast corner of 20th Avenue and County 24th Street from Business 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. 2110

This request for a Major General Plan Amendment was submitted to the City of San Luis in June 2019 by Vianey R. Vega, P.E. from Vega & Vega Engineering, PLC. Major General Plan Amendment Case No. 2019-0395 is to amend the land use designation of 18.44 acres from Business to Neighborhood. The subject property, south portion of Assessor’s Parcel No. 227-115-009, is located on the east mesa of the City of San Luis.

LOCATION:
The general location of the proposed amendment area is bounded by County 24th Street to the north, Avenue E to the east, 20th Avenue (Avenue E 1/2) to the west and County 24th 1/2 Street to the south. 

SURROUNDING PROPERTIES:
The property to the west is zoned as Medium Density Residential (R1-6) and is where Bienestar 10 Subdivision will be located. The property to the south is zoned Light Industrial (L-I) and is vacant land. On the east, Southwest Arizona Industrial Subdivision is located with industrial vacant lots and one commercial lot where a future 75,000 square feet medical mall is currently under construction. 

The 20 acres north of this property was originally designated as Business in the City of San Luis 2020 General Plan and was zoned as Light Industrial (L-I). The owner wanted to change the zoning to Medium-High Density Residential (R1-6) for the construction of a residential subdivision to be called Belleza Del Desierto Subdivision Phase 1. In order to do the zoning change, the land use designation had to be compatible with the proposed zoning district. The amendment and rezoning were approved as well as the subdivision plat. 

INTENT OF AMENDMENT:
The reason for the requested General Plan Amendment is to rezone the property to Medium-High Density Residential (R1-6) and develop it as Phase 2 of Belleza Del Desierto Subdivision. 

LAND USE DESIGNATIONS:
The current General Plan land use designation of Assessor’s Parcel No. 227-15-019 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 Light Industrial (L-I).

The proposed land use designation for this property 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. 

APPLICATION PROCESS:
The City of San Luis General Plan provides a shared vision of San Luis’s 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 ARS 9-461.06G, 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 ARS 9-461.06G. 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 other applications:

1. Major General Plan Amendment Case No. 2019-0394
2. Major General Plan Amendment Case No. 2019-0395 (this Case)
3. Major General Plan Amendment Case No. 2019-0396

The three (3) applications should be reviewed for their cumulative land-use impacts because they are in the vicinity. 

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

The comment from ADOT received concerned request for additional information (Traffic Impact Analysis), once future development proposal for the subject property is submitted. This application does not include specific improvement proposals and only concerns the land use of the parcel.

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 City Hall on October 1, 2019, at 6:00 p.m.

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. 

The Commission recommended approval of the request as recommended by staff. The Commission voted 4 ayes and 2 nays. However, after more research and based on the recommendation from Matrix Design Group that no action should be taken on this item until the General Plan Update has been adopted, staff is now recommending denial of this application. 

APPROVAL CRITERIA:
As per San Luis City Code §152.047(E), in determining whether the proposed Major 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. 

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 for neighborhood and supporting retail development.

Commercial Growth Areas:
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. 

Conclusion:
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. However, this specific area is designated as a growth area for residential on the General Plan, but it will have industrial properties to the south and east.

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. 

The amendment constitutes an overall improvement to the General Plan as it aligns it with the original purpose of the area as a Residential Growth Area. However, any change to the General Plan can alter the overall land use mix within the city and thereby affect future city services and resources. 

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.

The amendment is generally consistent with the General Plan’s overall intent, vision, goals and objectives. However, Matrix Design Group is working with the city on the General Plan Update, any change prior to the adoption of the General Plan Update can alter the overall land use mix within the city and thereby affect future city services and resources.

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

STAFF RECOMMENDATION:
Staff recommends DENIAL of Major General Plan Amendment Case No. 2019-0395. A request by Vega & Vega Engineering, PLC, on behalf of Sam Group Investment Company Partnership to change the land use designation from Business to Neighborhood for 18.44 acres located at the southeast corner of 20th Avenue and County 24th Street.

Staff recommended approval to the Planning and Zoning Commission, however, after more extensive research and the recommendation from Matrix Design Group, staff changed the recommendation to DENIAL. Matrix Design Group recommends that Council does not approve any general plan amendments 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.