Public hearing followed by discussion and possible action on any and all matters regarding Major Amendment Case No. 2021-0335 and Resolution No. 2198. A resolution of the Mayor and City Council of the City of San Luis amending the 2040 General Plan to change the land use designation of 429.53 acres from Commercial (C) and Employment (EMP) to Medium Density Residential (MDR) and 37.48 acres from Employment (EMP) to Commercial (C) on land located on the southeast corner of County 24th Street and Avenue E.  (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. 2198

REQUEST: 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 parcels 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 acres from Employment (EMP) to Commercial (C). APPLICANT: DuBose Design Group, Inc. representing Von Verde Development LLC, Elizabeth Carpenter, David Loo and Moy Farming Company LLC. LOCATION: The parcels are located on the southeast corner of County 24th Street and Avenue E in San Luis, Arizona. BACKGROUND: In 2019 Major Amendment Case No. 2019-0396 was withdrawn by the applicants for a similar request on the subject properties, this case was submitted under the City of San Luis 2020 General Plan.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. GENERAL PLAN: The City of San Luis 2040 General Plan identifies two existing land use categories in the area south of County 24th Street between Avenue E and Avenue D, Commercial (C) and Employment (EMP), as shown on the map below: Existing Land Use Map 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 EMP: 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, 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 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). CRITICAL ISSUES: Parcels located east of the Avenue D ½ alignment are located outside 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. The Central Growth Area in the City of San Luis is shown below: Central Growth Area Map 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 in compliance 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 in compliance 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 24th 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 24th Street will be the only road access for the solar wind energy tower if approved. This request is not in compliance 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 24th Street. A new lift station will be needed and possibly a new water well for this land use change. This request will be in compliance 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 24th Street. This policy supports commercial and industrial uses adjacent to these major roadways only. For this reason, the request is not in compliance with the adopted policy. APPROVAL CRITERIA: The Planning and Zoning Commission and City Council shall assure that the proposed amendment meets all the following criteria: 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.  There are no sites or properties located east of Avenue E designated for residential development. The land use plan only designates land located west of Avenue E for residential development. The Medium Density Residential land use designation can be allowed east of Avenue E only if the proposal is consistent with the goals and policies of the San Luis 2040 General Plan.   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 is not an overall improvement to the San Luis 2040 General Plan because the request is not consistent with the goals and policies of the General Plan. For example, commercial development is not being proposed along Avenue E with residential development on the back. However, commercial development is being proposed on the southeast corner of Avenue E and County 24th Street and in the northeast corner of Avenue E and County 25th Street. In addition, residential development will be adjacent to property zoned heavy industrial to the east side along Avenue D and commercial development is compatible with the existing detention center and the wastewater treatment plant north of County 24th Street along Avenue D.   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;  Existing land use patterns are commercial and industrial only. This land use change will alter existing land use patterns in the area. 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.  The proposed amendment will require additional and more expensive improvements to roads, sewer and water delivery systems, However, the existing land use designations of commercial and industrial could also require both extensive and expensive improvements. c. Adversely impacting existing or previously planned uses through increased traffic generated by the proposal on existing systems.  The residential land use change will increase residential traffic in an area mainly designated for commercial and industrial uses. If approved, residential traffic will be combined with commercial trucking along Avenue E and County 24th Street. d. Affecting the livability of the area or the health and safety of the residents. Currently, there are no residential development east of Avenue E. However, if the proposed Medium Density Residential land use change is approved, the health and safety of the new residents could be affected by existing and future industrial uses like the detention center, the east wastewater treatment plant and the solar wind energy tower if approved.   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.  Only the parcels adjacent to the east treatment plant are consistent with the goals and objectives of the General Plan since the request is for commercial land use designation. Residential development along Avenue E, County 24th Street and adjacent to heavy industrial zoning to the east is not consistent with the 2040 General Plan’s overall intent, vision and goals and objective. 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 the Arizona Department of Transportation (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 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. However, because two (2) items were continued during the second public hearing a third public hearing was held on October 12, 2021.  PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission first made a motion to deny the request and with 2-2 vote the motion failed to pass, then the Planning and Zoning Commission made a motion to recommend approval and with a 4-0 vote the motion passed as requested and the Planning and Zoning Commission recommends approval of this request. STAFF RECOMMENDATION: Staff Recommends approval to change the land use designation from Employment (EMP) to Commercial (C) for parcels 227-11-006,007 and 008 totaling 37.48 acres. This land use change is in compliance with the adopted policies of the City of San Luis 2040 General Plan. Staff recommends denial 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 parcels 227-14-004 totaling 231.56 acres from Employment (EMP) to Medium Density Residential (MDR), since the request is not consistent or in compliance with the adopted policies of the City of San Luis 2040 General Plan and a portion is located outside the Central Growth Area.

A. I MOVE TO OPEN PUBLIC HEARING