Public hearing followed by discussion only on any and all matters regarding Major Amendment Case No. 2021-0340. A request by Edais Engineering Inc. on behalf of Riedel Holdings LLC to change the land use designation of two pacels 180.9 acres in size from Commercial (C) and Employment (EMP) to Medium Density Residential (MDR). Assessor's Parcel Numbers 227-11-004 and 005, located on the southeast corner of County 23 1/2 Street and Avenue E in San Luis Arizona.

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. 2019-0394 was denied by City Council for a similar request on the subject properties, this case was denied under the City of San Luis 2020 General Plan. Later, on November 2020, the City adopted the 2040 General Plan.

The subject properties were annexed to the City of San Luis in the year 2000 as part of a pre-annexation agreement (Resolution No. 421). The pre-annexation agreement included the San Luis regional detention and support center and the east wastewater treatment plant. As part of the pre-annexation agreement the City agreed to allow the development of a regional detention and support center under existing zoning regulations and it was agreed by the property owner and the City that light industrial uses were the most appropriate uses for the remaining of the land since the adjacent parcels had the potential to be impacted by the detention center and the east wastewater treatment plant.

After the annexation became effective in 2010 the owner applied to rezone approximately 20 acres located on the southwest corner of County 23 ½ Street and Avenue D ½ alignment to high-density residential zoning in an area primarily designated for industrial uses. (Rezoning Case No. 2010-11,12,13 and 14 see map below). In 2011, Resolution 933 amended the pre-annexation agreement to include certain provisions to allow for high-density residential development. The decision to include high-density residential zoning was based on the potential need for townhomes or condominiums to accommodate short-term employment in the construction or development fields.

According to Resolution 933 if the owner develops the 20-acre portion zoned R2 and R3 with single family homes, the developer agrees that such development will be limited to large lot development of lots no less in size of 8,000 square feet and homes of no less than 1750 square feet, exclusive of garage or carport or the owner needs to request an amendment to Resolution 933.
On May 2021, the subject properties were purchased by Riedel Holdings LLC and the new owner requested a lot split to divide parcel 227-11-005 to create three new parcels.

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.

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

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 EPM: 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.

CRITICAL ISSUES: The parcel located east of Avenue D ½, of this proposed land use change, is 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 uses designations to the south in the area between Avenue D ½ and Avenue D. This proposal goes against this adopted policy since the applicant is proposing residential development adjacent to employment and adjacent to the San Luis regional detention and support center and the east wastewater treatment plant which are incompatible uses.

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 can be expanded in the area, the east wastewater treatment plant located on the northwest corner of County 24^th Street and Avenue D can provide the service for future development and a water line is located along County 24^th Street. However, Avenue E is the only road connection to Cesar Chavez Boulevard/SR-ASH. This request is partially incompliance with this adopted policy.

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 could be located adjacent to Commercial and Employment land use categories and some uses can be compatible land uses with the proposed residential development. The commercial land use category will be located to the west and south. However, the parcel located adjacent to the San Luis regional detention and support center and the east waste water treatment plant are not compatible uses with the proposed Medium Density Residential land use category. This request is partially 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.

Subdivisions in the Central Growth Area are served and connected by Avenue E and County 24^th Street. Both arterial roads are not fully improved. Although, the City public works department could request traffic studies for future proposed subdivisions, in accordance with the public works standards, Avenue E is the only connection to Cesar Chavez Boulevard/SR-ASH. This proposal goes against this adopted policy since the applicant is not proposing a different route or other modes of transportation for the proposed residential development.

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. This request is incompliance with this adopted policy.

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.

The applicant is not proposing a land use change for parcels located adjacent to Avenue E and County 24^th Street. These portions of land will remain commercial following this policy in the General Plan. This policy supports commercial and industrial uses adjacent to these major roadways, for this reason, the request is incompliance with this 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. We received no comments during the 60-day review period for this case.

As required by State Statute, staff has sent notification letters to property owners within 600 feet of the proposed project (5 letters). 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 preople were in attendace 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. 2021-0340.