Public hearing followed by discussion and possible action on any and all matters regarding Minor General Plan Amendment Case No. 2018-0682. A request by Vega and Vega Engineering PLC, on behalf of Sam Group Investment Company LTD Partnership, property owner, to amend the 2020 General Plan by changing the Land Use Designation of 18.76 acres from Business to Neighborhood. 

A. Open public hearing B. Close public hearing
C. Action on Minor General Plan Amendment Case No. 2018-0682

This is a request by Vianey R. Vega P.E. of Vega & Vega Engineering, PLC, on behalf of Sam Group Investment Company LTD Partnership, owner, to change the Land Use Designation of 18.76 acres from Business to Neighborhood. The subject property is located on the east mesa of the City of San Luis on the southeast corner of Avenue E 1/2 and County 24th Street.

The properties to the north and west have a land use designation of Neighborhood and are vacant land. The property to the south have a land use designation of Business and is vacant land. On the east is also designated as Business and Southwest Arizona Industrial Subdivision is located with vacant lots. 

The reason for the request is that the applicant applied for a rezoning of the property but the proposed zoning district is not compatible with the current land use designation. The rezoning case is to change the zoning of the 18.76 acres from Light Industrial (L-I) to Medium Density Residential (R1-6). 

The intent of Business land designation is for higher intensity commercial, office, employment and appropriate industrial uses along major roadway corridors. The allowed zoning districts in this designation are commercial and industrial. The intent of Neighborhood land designation is to focus on the primary living areas in the community and allows all residential zoning districts.
 
The approval of this amendment would provide a land use designation that would allow for the intended request of the rezoning. The rezoning is for construction of a residential subdivision to be called Belleza Del Desierto Subdivision.

In determining whether the proposed General Plan Amendment shall be approved, the Planning and Zoning Commission and City Council shall assure that the proposed amendment meets all of 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 developments in other areas,
   c. Adversely impacting existing or previously planned uses through increased traffic generated by the proposal on existing systems, or
   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.

Furthermore, the General Plan states that any change to the land designation of more than 20 acres from non-residential to residential triggers a Major Amendment. Major Amendments, by State law, may only occur once per calendar year and a minor amendment may be processed throughout the year.

The conceptual plan is for phase one of the proposed subdivision, which support the presumption that further applications will be requested. This raised the questions whether this request qualified as a minor amendment or should be considered major amendment. 

This request for land use designation change qualifies as a minor amendment since it is for less than 20 acres. However, a subsequent application will have to be processed as a Major Amendment. A memorandum from the City Attorney, attached to this report, gives a detailed explanation. 

CITIZEN REVIEW MEETING:
As required by State Statute  and the City Code, a Citizen Review meeting was held at the City Hall on December 26, 2018 at City Hall Council Chambers at 6:00 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. 

The applicant has provided the information and materials necessary for the review of the Minor General Plan Amendment.

Staff recommendation will be provided to the Commission at the time of the meeting.