Public hearing followed by discussion only on any and all matters regarding Major Amendment Case No. 2021-0335. A request by DuBose Design Group, Inc. to change the land use designation of Assessor's parcels 227-14-006, 007, 008 and a portion of parcel 227-14-009 totaling 197.97 acres from Commercial (C) to Medium Density Residential (MDR), parcels 227-14-002 and a portion of parcel 227-14-004 totaling 231.56 acres from Employment (EMP) to Medium Density Residential (MDR), and parcels 227-11-006, 007 and 008 totaling 37.48 aces from from Employment (EMP) to Commercial (C). 

A. Open public hearing
     1. Staff presentation
     2. Call to the public on this item.
B. Close Public Hearing

In 2019 Major Amendment Case No. 2019-0396 was withdrawn by the applicants for a similar request on the subject properties, this case was submitted under the City of San Luis 2020 General Plan. Later, on November 2020, the City adopted the 2040 General Plan. 

A.R.S. § 9-461-06 H requires approval by affirmative votes of at least two-thirds of the members of City Council to pass a Major Amendment.

The City of San Luis 2040 General Plan identifies two existing land use categories in the area south of County 24^th Street between Avenue E and Avenue D, Commercial (C) and Employment (EMP).

The approval of this major amendment will allow the applicants to rezone the subject properties to Medium Density Residential and Commercial zoning districts. The existing condition of the subject property is native desert undeveloped land zoned commercial (C2) and light industrial (LI).

Existing Land Use category
Commercial (C): The Commercial land use category is intended to provide for the primary commercial areas serving the community including neighborhood, community, and regional-scale development. Commercial areas provide convenient community access to goods and services and may include retail, service commercial, professional offices, light industrial and employment uses.
Zoning districts permitted within C: MU, C1, C2 and LI
Employment (EMP): The Employment (EMP) land use category is intended to provide areas with a focus on creating jobs to serve the community including warehouses, distribution centers, business parks, corporate centers, research and development facilities, light industrial, and heavy industrial uses.
Zoning districts permitted within C: LI and HI
 
Proposed Land Use Category
Medium Density Residential (MDR): The Medium Density Residential (MDR) land use category is intended to provide for detached single family residential development on moderately sized lots.
Zoning districts permitted within MDR:  R1-6, R1-8, R1-12, R1-20, R1-35, R2, MHS, MHP and PUD.
Commercial (C): The Commercial land use category is intended to provide for the primary commercial areas serving the community including neighborhood, community, and regional-scale development. Commercial areas provide convenient community access to goods and services and may include retail, service commercial, professional offices, light industrial and employment uses.
Zoning districts permitted within C: MU, C1, C2 and LI

Parcels located east of the Avenue D ½ alignment are located outside of the Central Growth Area identified in the 2040 General Plan. According to the adopted 2040 General Plan Growth Element, the City should prioritize growth in the growth areas identified on the General Plan since these areas are suitable for multi modal transportation and for infrastructure expansion. 

General Plan Policies:
Policy G-1.4: Preserve and protect areas designated for employment from encroachment by single-family residential or other incompatible uses.

The proposed residential land use change will be encroaching into employment land use designation in the area between Avenue D ½ and Avenue D. This proposal goes against this adopted policy since the applicant is not only requesting a land use change from Employment to Medium Density Residential but also is proposing residential development adjacent to employment in areas located to the south and east of this proposal.

Policy G-7.1 The City of San Luis should only prioritize growth in areas with existing infrastructure or areas where infrastructure can be expanded in a fiscally sound manner.

Infrastructure needs to be expanded for this proposal. Road improvements along all the existing arterial streets, a new sewer lift station to move wastewater to the existing east wastewater treatment plant and water line extensions or possibly a new water well in the area. According to the adopted City of San Luis 2040 General Plan, parcels located east of the Avenue D ½ alignment are located outside the Central Growth Area. Only the portion of the subject properties between Avenue E and Avenue D ½ are located inside the Central Growth Area where infrastructure is more likely to be expanded. In addition, the only road connection for this land use change is Avenue E. This request is partially incompliance with this adopted policy since new infrastructure needs to be constructed for this proposal. 

Policy G-8.1 New development should provide a transition between uses with differing densities/intensities by incorporating compatible land use strategies.

This proposed land use change will be located adjacent to Commercial and Employment land use categories which some uses can be a compatible land use category with the proposed residential development. These land use categories will be located to the north and south. However, the adjacent properties located to the east are the location of the proposed solar wind energy tower. These adjacent properties are under contract with one of the applicants for the construction of the solar wind energy tower that would resemble a nuclear plat cooling tower design. This use will not be compatible with the proposed Medium Density Residential land use category. For this reason, this request is not incompliance with this adopted policy.

Policy G-9.3 Ensure growth areas are served and connected by major transportation routes and other modes of transportation.
Development in the Central Growth Area is served and connected by Avenue E and County 24^th Street. Both arterial roads are not fully improved. Although, the City public works department can request traffic studies for proposed subdivisions in accordance with public works standards, Avenue E is the only connection to Cesar Chavez Boulevard/SR-ASH. The applicant is not proposing a different route for road transportation for the proposed residential development. In addition, County 24^th Street will be the only road access for the solar wind energy tower if approved. This request is not incompliance with this adopted policy.

Policy PS 6.1 Require new growth and development to construct and dedicate public utility infrastructure to serve the development including water, wastewater and storm water improvements.

The developer should be responsible for providing all the necessary improvements including road construction, water, wastewater, and storm water. The proposed residential development will be required to construct and dedicate public utility infrastructure to serve the new development.

The east wastewater treatment plant is located on Avenue D north of County 24^th Street. A new lift station will be needed and possibly a new water well for this land use change. This request will be incompliance with this adopted policy if the developers construct and dedicate public utility infrastructure to serve the development.

Policy PS 14.1 Plan the siting of higher intensity uses along major roadway corridors, such as Avenue E and Cesar Chavez Boulevard/SR-ASH.

This proposed land use change, if approved, will allow Medium Density Residential development along major roadways, the residential land use is not considered a high intensity use. Residential development is being proposed along Avenue E and County 24^th Street. This policy supports commercial and industrial uses adjacent to these major roadways only. For this reason, the request is not incompliance with the adopted policy.

APROVAL CRITERIA: The Planning and Zoning Commission and City Council shall assure that the proposed amendment meets all 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 development in other areas. 
   
   c. Adversely impacting existing or previously planned uses through increased traffic generated by the proposal on existing systems. 
   
   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. 

AGENCY REVIEW:
As part of the Major Amendment review process, this land use case was part of a 60- day review period and reviewed by various city and outside agencies. Staff received no comments during the 60-day review period.

As required by State Statute, staff has sent notification letters to property owners within 600 feet of the proposed project (15 letters). In addition, notification letters were sent to the property owners in the Magrino Industrial Park.

Staff received comment letters from the City Engineer, City Fire Department, Yuma County Development Services and ADOT for this case.

CITIZEN REVIEW MEETING:
A Citizen Review Meeting was held at City Hall on September 7, 2021 at the City Hall Council Chambers 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. 27 people were in attendance during the meeting.

Arizona Revised Statutes (A.R.S. §9-461.06(E)) require that cities over twenty-five thousand in population must hold two public hearings for any Major General Plan Amendment. The two or more public hearings must be held in two different locations on two different dates.

This is the first public hearing for this case where the Commission will hear any comments from the public and will not take action on this item. If either the Commission or members of the public should request further information on this case, it will be provided at the second public hearing. 

The second public hearing will be held on September 21, 2021 at 7PM at the Cesar Chavez Cultural Center. At that time, the Planning and Zoning Commission shall make a recommendation to the City Council. 

STAFF RECOMMENDATION:
Staff recommends CONTINUANCE of the Public Hearing for the Major General Plan Amendment Case No. 2021-0335.