Public hearing followed by discussion and possible action on any and all matters regarding Minor Amendment Case No. 2021-0668 for Core Engineering Group, PLLC and Resolution No. 2201. 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 19.95 acres in size from Commercial (C) to Medium Density Residential (MDR), located east of 20^th Avenue and south of Belleza del Desierto Phase 2 Subdivision 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. 2201

On September 8^th, 2021, City Council denied Minor Amendment Case No. 2021-0336. The request for this minor amendment was the same, to change the land use designation from Commercial (C) to Medium Density Residential (MDR). However, City Council expressed concerns with existing and future traffic in the area. For this reason, the applicant is in the process of preparing a traffic study for the subject property and the property located to the south. Because the traffic study is being prepared City Council approved Major Amendment Case No. 2021-0337 to change the land use designation from Commercial to Medium Density Residential for the property to the south on October 27, 2021.

The applicant is requesting a minor amendment to the City of San Luis 2040 General Plan for the second time. If this minor amendment is approved the applicant is requesting the rezoning of the subject parcel to R1-6 for the construction and development of a residential subdivision. (Rezoning Case No. 2021-0243).

City Council approved Major Amendment Case No. 2021-0337 to change the land use designation from Commercial to Medium Density Residential for the property to the south. The City of San Luis 2040 General Plan requires a major amendment for any change in a non-residential land use category of 20 or more contiguous acres to a residential land use category.   

GENERAL PLAN:
The existing land use category for the subject property is Commercial (C) as shown on the 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, C-1, C-2, and L-I
 
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, R-2, MH, MHP, and PUD.
 
The approval of this minor amendment will allow the applicant to rezone the subject property to R1-6. The existing condition of the subject property is native desert undeveloped land zoned light industrial (L-I). The subject property is located inside the Central Growth Area identified in the 2040 General Plan.

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

General Plan Policies:
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 Central Growth Area identified in the 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-8.1 New development should provide a transition between uses with differing densities/intensities by incorporating compatible land-use strategies.
The subject property is located adjacent to a compatible land use category to the north, west, and south. However, the subject property is located adjacent to an industrial subdivision to the east. Development standards in the industrial zoning district require a 25-feet rear yard setback for industrial properties located adjacent to residential development.

Policy G-9.3 Ensure growth areas are served and connected by major transportation routes and other modes of transportation.
Subdivisions in the central growth area are served and connected by Avenue E and County 24^th Street. Both arterial roads are not fully improved. However, 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 agency:

     1. Yuma County Airport Authority (11-3-21)

As required by State Statute, staff sent notification letters to property owners within 300 feet of the proposed project (6 letters).

CITIZEN REVIEW MEETING:
The Citizen Review Meeting was held on November 9, 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 to change the land use designation from Commercial (C) to Medium Density Residential (MDR) as requested.

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. 2021-0668 and Resolution No. 2201.