Public Hearing followed by discussion and possible action on any and all matters regarding Rezoning Case No. 2021-0608  for Comite de Bien Estar, Inc. and Ordinance No. 421. An Ordinance of the Mayor and City Council of the City of San Luis, Arizona, rezoning a parcel 3.47 acres from High-Density Residential (R-3) to Community Commercial (C-2), located on the southeast corner of Avenue F and County 24th Street in San Luis, Arizona.  (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 Ordinance No. 421

On June 14, 2018, the subject property was rezoned to Community Commercial (C-2) as part of the approval of the rezoning case for Bienestar Estates 10 Subdivision (Rezoning Case No. 2018-0127). Later, on March 11, 2020, City Council approved the rezoning of the subject property to High-Density Residential (R-3) for the possible construction of an apartment complex. (Rezoning Case No. 2019-0827). The subject property was rezoned to R-3 before the adoption of the City of San Luis 2040 General plan.  

The existing condition of the subject property is undeveloped vacant land zoned High-Density Residential (R3). The existing residential development in the area has created the need for commercial development in the area.

The subject property is zoned High-Density Residential (R-3) as shown on the zoning map.

Existing Zoning District
High-Density Residential (R-3): The purpose of these zoning districts is to provide for high-density attached residential development and destination tourism uses within designated activity centers where adequate public facilities and services are available. It is intended that this district accommodate multi-story residential and tourist development incorporating unique design and exceptional amenities.
 
Proposed Zoning District
Community Commercial (C-2): The purpose of this zoning district is to provide a location for general business and commercial uses. The intent of this district is to allow for larger and more intense commercial uses to satisfy the broader retail and business needs of the community at large while providing for a broad range of commercial activities.
 
Existing Adjacent Zoning Districts.
To the north: C-2 and R1-6 (Santa Cecilia Residential Subdivision)

To the west RA-10 (Vacant Land)
To the south R1-6 (Bienestar 10 Residential Subdivision)
To the east R1-6 (Bienestar 10 Residential Subdivision)

GENERAL PLAN:
The current General Plan for this parcel is Medium Density Residential (MDR) designation which is not appropriate for the proposed zoning district.

A Minor Amendment is required for the proposed C-2 zoning district before the rezoning takes effect. A Minor Amendment(Case No. 2021-0607) is being processed to make the Land Use Designation compatible with the proposed commercial zoning change.

The developer must provide all the necessary improvements including road construction, water, and wastewater.  

Existing development in the area has provided access to the infrastructure needed for commercial development. In addition, the City will initiate a regional circulation study to establish the need for traffic signals along the intersections of County 24^th Street and Avenue E.

The subject property is served and connected by Avenue F and County 24^th Street. The proposed commercial development will be located adjacent to residential subdivisions to the north, south, and east.

There are no commercial uses within a walkable distance from Bienestar Estates 10 or from Santa Cecilia subdivisions. This commercial project will allow residents to have commercial uses within a walkable distance.

AGENCY REVIEW:
As part of the review process, all land use cases are reviewed by various city and outside agencies. We have received comments from the following agency:

1. Yuma County Airport Authority (10-4-2021)

As required by State Statute, staff sent notification letters to property owners within 300 feet of the proposed project (43 letters).

The City has not received any other significant concerns or objections from the various review agencies or adjacent property owners.

CITIZEN REVIEW MEETING:
As required by State Statute and City Code, a Citizen Review meeting was held at City Hall on November 9th, 2021 at City Hall Council Chambers at 5:00 p.m. The intent of this meeting was to allow the public to learn about the project, ask questions and express any comments. There were no people from the public present.

PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission recommends approval of this request subject to the condition of approval.

STAFF RECOMMENDATION:
The applicant has provided the information and material necessary for the review of the rezoning request.

Staff recommends approval of rezoning Case No. 2021-0608 and Ordinance No. 421 subject to the following condition:

1. The development shall comply with the City of San Luis zoning regulations, building code requirements, and public works standards.