Public hearing followed by discussion and possible action on any and all matters regarding Minor Amendment Case No. 2025-0273 and Resolution No. 2388.  A Resolution of the Mayor and City Council of the City of San Luis, Arizona, amending the 2040 General Plan to change the land use designation of 3.13 acres of land being a portion of parcel located at the northwest corner of 6th Avenue and Urtuzuastegui Street from Mixed-Use Activity Center (MU) to Medium Density Residential (MDR); Repealing any conflicting provisions; and providing for severability.  (Jose A. Guzman, Director of Development Services)

A. Staff presentation
B. Open Public Hearing
C. Call to the public on this item
D. Close Public Hearing
E. Action on Resolution No. 2388

This is a request by Vega & Vega Engineering on behalf of Comite de Bienestar to amend the City of San Luis 2040 General Plan by changing the land use designation of 3.13 acres being a portion of Assesors Parcel Number 775-56-001 from Mixed-Use Activity Center (MU) to Medium Density Residential (MDR). Property located at the northwest corner of 6th Avenue and Urtuzuastegui Street. If this minor amendment is approved, the applicant is requesting the rezoning of the same 3.13 acres from Rural Area (RA-10) to Medium-High Density Residential (R-2) for the construction and development of single-family attached townhomes under Rezoning Case No. 2025-0274. The remaining 2.8 acres will remain vacant for future phase. This rezoning case is being processed concurrently with this minor amendment.

GENERAL PLAN:
The existing land use category for the subject property is Mixed-Use Activity Center.

Existing Land Use Category
Mixed-Use Activity Center (MU): The Mixed-Use Activity Center land use category is intended to serve as the primary community focal areas and includes a wide range of high-density residential, office, commercial, and employment uses in a walkable, connected format.  Mixed-Use Activity Center areas are particularly suitable for community placemaking with a focus on active gathering areas.
Zoning districts permitted within MU: R-3, C1, C2 and MU

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, R-2, MHS, MHP and PUD.

The approval of this minor amendment will allow the applicant to rezone 3.13 acres of the subject property to the R-2 zoning district. The existing condition of the subject property is undeveloped-native desert zoned RA-10. The subject property is located inside the Downtown Growth Area identified in the City of San Luis 2040 General Plan, where infrastructure can be expanded efficiently and services already exist nearby.

The proposed amendment supports several goals and policies of the General Plan 2040, including:

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.
The subject property is located inside the Downtown Growth Area identified in the City of San Luis 2040 General Plan, where infrastructure can be expanded. Existing development in the area has provided access to the infrastructure needed for residential development.

Policy G-9.3 Ensure growth areas are served and connected by major transportation routes and other modes of transportation.
The subject property is adjacent to 6th Avenue and Urtuzuastegui Street. Urtuzuastegui Street is fully improved, although 6th Avenue is not fully developed; the developer is required to fully improve 6th Avenue in front of this development. Also, the City has requested a traffic study for this project. The traffic study will ensure that all the necessary improvements are made.

Goal G-13 Housing options in San Luis serve existing and future residents of all ages, abilities, and needs.
The proposed project will allow a wider variety of housing types, such as townhomes and multi-family apartments. These housing options can meet the needs of young families starting out, working professionals, and older residents who may prefer smaller, lower-maintenance homes. By providing different types of housing in one neighborhood, the project helps create a more inclusive, connected, and balanced community that reflects the diverse needs of San Luis residents.

AGENCY REVIEW:
As part of the review process, all land use cases are reviewed by various city and outside agencies. We have not received comments from other agencies.

As required by State Statute, staff sent notification letters to property owners within 300 feet of the proposed project (60 letters). We have received two opposition letters (of 30 properties) from adjacent properties, which are attached to this report.

CITIZEN REVIEW MEETING:
As required by State Statute and City Code, a Citizen Review Meeting was held at the City Hall on August 28, 2025, in the City Hall Chambers at 6:00 p.m. This meeting is intended to allow the public to learn about the project, ask questions, and express any comments. Four neighbors were in attendance, all of whom, according to public records, reside within 300 feet of the subject property. One property owner expressed concerns that the construction of a tall apartment complex adjacent to his residence would result in an invasion of privacy, as tenants on the upper floors would have unobstructed views into neighboring backyards. He suggested that the apartment buildings be reoriented or relocated to prevent direct views into adjoining properties.

Following this meeting, staff worked with the applicant to explore design alternatives that could address the concerns of neighbors. As a result, the applicant revised the project layout to move the apartment buildings farther away from existing homes.

To keep residents informed, staff also held an additional follow-up citizen review meeting, even though it was not required by state law. The meeting was held on October 9, 2025, with the purpose of presenting the revised layout and ensuring that residents remain informed. 

Residents reiterated concerns related to the construction's impacts on existing homes, neighborhood character, traffic and parking congestion, property values, loss of privacy, and overall quality of life.

PLANNING AND ZONING MEETING:
A Planning and Zoning Commission Regular Meeting was held on October 14, 2025, the item was continued to the next Planning and Zoning Meeting for further discussion due to a tie in the motion to forward this item to City Council with a recommendation of approval, three (3) commission members in favor and three (3) commission members against.

A Special Planning and Zoning Commission Meeting was held on November 6, 2025. A motion was made to forward Minor General Plan Amendment Case No. 2025-0273 to the City Council with a recommendation of approval. The motion did not pass, receiving two (2) Aye votes and five (5) Nay votes. As a result, the item is being forwarded to the City Council with a recommendation of denial.

RELATIONSHIP TO REZONING CASE NO. 2025-0274:
This Minor General Plan Amendment addresses only the future land use designation and does not determine building placement, building height, privacy measures, traffic improvements, or construction practices.

Those items are reviewed and acted upon as part of the rezoning process, which follows this item under Rezoning Case No. 2025-0274.

In response to concerns raised by surrounding residents, staff will be recommending specific conditions as part of the rezoning to ensure compatibility, including: 

• Development shall comply with all City zoning regulations, subdivision regulations, building codes, and applicable state and federal requirements.
• A Traffic Impact Study shall be submitted during subdivision or site plan review. The developer shall construct or fund all roadway improvements required by the TIS.
• Townhome buildings adjacent to the northern property boundary shall be limited to one (1) story to protect privacy for existing homeowners.
• The developer shall comply with all dust control, grading, compaction, and construction vibration standards.

These conditions will be formally considered and acted upon as part of Rezoning Case No. 2025-0274, not as part of this Minor General Plan Amendment.

STAFF RECOMMENDATION:
The applicant has provided the information and materials necessary for the review of the minor amendment.

The proposed amendment meets the intent and requirements of the approval criteria established by City Code and state planning statutes. The request supports compatible and orderly development, promotes housing diversity, and ensures efficient use of existing public infrastructure. Based on these findings, staff concludes that the amendment is consistent with the City of San Luis 2040 General Plan and recommends approval of Resolution No. 2388 and Minor Amendment Case No. 2025-0273.