Public Hearing followed by discussion and possible action on any and all matters regarding Minor Amendment Case No. 2021-0607 for Comite de Bien Estar, Inc. and Resolution No. 2202.  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 a parcel of 3.47 acres in size from Medium Density Residential (MDR) to Commercial (C), located on the southeast corner of Avenue F and County 24^th 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 Resolution No. 2202

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.

GENERAL PLAN:
The existing land use category for the subject property is Medium Density Residential (MDR) as shown on the land use map.

Existing 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, R-2, MH, MHP, and PUD.
 
Proposed 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, C-1, C-2, and L-I

The approval of this minor amendment will allow the applicant to rezone the subject property to Community Commercial (C-2) zoning districts. The existing condition of the subject property is undeveloped vacant land zoned High-Density Residential (R-3). The subject property is not located inside the Central Growth Area identified in the 2040 General Plan. However, existing residential development have created the need for commercial development in the area.

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

General Plan Policies:
Policy G-2.2 Ensure that residential development includes commercial and/or employment areas to support a balanced community.

To create a balance of land uses within the existing residential development in the area, Residential areas must be served by commercial development and services. This project will create a more balanced community with convenient access to goods and services.
 

Policy G-3.5 Support site plan designs that integrate residential, commercial, and employment within a walkable distance of one another.  

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.
 

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.

Existing development in the area has provided access to the infrastructure needed for commercial development. Water and sewer lines are located adjacent to the subject property for commercial development.
 

Policy G-8.1 New development should provide a transition between uses with differing densities/intensities by incorporating compatible land-use strategies.

The subject property is not located adjacent to a compatible land use category since the parcels to the south, east, and north are designated as Medium Density Residential (MDR) and Conservation (CON) to the west. However, parcels to the north and northwest are zoned Community Commercial (C-2) which could bring more commercial development to the area.

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 Avenue F and County 24^th Street. The City has requested traffic studies for all the proposed subdivisions in the area. The traffic study will ensure that all the improvements necessary are done to provide a connection to Cesar Chavez Boulevard.

APPROVAL CRITERIA:
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 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.

COMMENTS:
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 agencies:

1. Yuma County Airport Authority (10-4-21)

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 comments or questions from the various review agencies or adjacent property owners. 

CITIZEN REVIEW MEETING:
The Citizen Review Meeting was held on November 9th, 2021 at the San Luis 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 comments. There were no members of the public present. 

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

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

Staff recommends approval of Minor Amendment Case No. 2021-0607 and Resolution No. 2202.