 |
PLANNING & ZONING AGENDA ITEM REVIEW FORM |
4.A.
Planning & Zoning Commission Meeting
- Meeting Date:
- 12/09/2025
- Submitted By:
- Juan Tejeda, Associate Planner, Development Services, Planning & Zoning
ITEM:
Public hearing followed by discussion and possible action on any all matters regarding Conditional Use Permit Case No. 2025-0412, a request by Gethsemani Church, for a Conditional Use Permit to allow a religious institution at 1010 E. B Street in San Luis, Arizona.
A. Staff presentation
B. Open Public Hearing
C. Call to the Public on this item
D. Close Public Hearing
E. Action on Conditional Use Permit Case No. 2025-0412
A. Staff presentation
B. Open Public Hearing
C. Call to the Public on this item
D. Close Public Hearing
E. Action on Conditional Use Permit Case No. 2025-0412
SUMMARY:
The applicant is requesting a Conditional Use Permit to allow a religious institution at property located at 1010 E. B Street. The property with Assessor's Parcel Number 775-47-447 is zoned as Medium Density Residential (R1-6). A religious institution is allowed on a Medium Density Residential (R1-6) zoning district as a conditional use as per Zoning Ordinance Section 18.24.040 (C)(5).
This CUP is being brought forward in accordance with a federally approved Order and Consent Decree, which mandates the City to process and approve a CUP within 120 days of receiving the Church’s application.
ORDER AND CONSENT DECREE:
On September 26, 2025, the United States District Court for the District of Arizona issued a federal Order and Consent Decree resolving the litigation between the City of San Luis and Gethsemani Church. The Consent Decree is a binding court order and outlines specific obligations for both parties.
Under its terms, the Church is required to submit an application for a Conditional Use Permit, and the City is required to process and approve that permit within 120 calendar days of receiving the application, as referenced on page 3 of the Consent Decree. The Church submitted its CUP application on October 6, 2025, and the City is now processing the request in accordance with the federal mandate.
The purpose of this CUP is not to impose additional conditions but to formally recognize the religious institution use and adopt, as CUP conditions, the operational requirements explicitly set forth in the Consent Decree. The Decree governs all aspects of the Church’s Food Ministry, including scheduling, traffic management, delivery practices, sanitation standards, outdoor storage, and other operational controls.
AGENCY REVIEW:
As part of the review process, all land use cases are reviewed by various city and outside agencies. As required by State Statute, staff sent notification letters to property owners within 300 feet of the proposed project (53 letters). The city has not received any significant concerns or objections from the various review agencies or adjacent property owners.
CITIZEN REVIEW MEETING:
The Citizen Review Meeting was held on December 2, 2025 at City Hall Council Chamber at 6 p.m. The intent of this meeting was to allow the public to learn about the project, ask questions, and express any comments or concerns. Four people from the public including the applicant were present, all in support of the conditional use permit.
ANALYSIS:
The Zoning Ordinance allows religious institutions within the R1-6 district through the conditional use process, which is designed to ensure land use compatibility, address potential off-site impacts, and support orderly neighborhood development. In this case, however, the scope of review is expressly governed by the federal Consent Decree.
The Consent Decree fully regulates the Church’s Food Ministry and its operational activities, leaving no discretion for the City to modify, expand, or impose additional conditions beyond those established by the federal court. As a result, the Conditional Use Permit must incorporate the Consent Decree as its complete and exclusive set of conditions, ensuring consistent application and preserving the enforceability of the federal order.
STAFF RECOMMENDATION:
Staff finds that the applicant has submitted the materials required for review and that the proposed use is consistent with the zoning district when evaluated under the binding terms of the Consent Decree.
Staff therefore recommends approval of Conditional Use Permit Case No. 2025-0412, with the conditions of approval consisting solely of the provisions contained in the Order and Consent Decree (Case No. 2:24-cv-00534-GMS), incorporated by reference in their entirety.
No additional conditions are proposed. Approval of this CUP brings the property into zoning compliance while fulfilling the obligations established by the federal court.
This CUP is being brought forward in accordance with a federally approved Order and Consent Decree, which mandates the City to process and approve a CUP within 120 days of receiving the Church’s application.
ORDER AND CONSENT DECREE:
On September 26, 2025, the United States District Court for the District of Arizona issued a federal Order and Consent Decree resolving the litigation between the City of San Luis and Gethsemani Church. The Consent Decree is a binding court order and outlines specific obligations for both parties.
Under its terms, the Church is required to submit an application for a Conditional Use Permit, and the City is required to process and approve that permit within 120 calendar days of receiving the application, as referenced on page 3 of the Consent Decree. The Church submitted its CUP application on October 6, 2025, and the City is now processing the request in accordance with the federal mandate.
The purpose of this CUP is not to impose additional conditions but to formally recognize the religious institution use and adopt, as CUP conditions, the operational requirements explicitly set forth in the Consent Decree. The Decree governs all aspects of the Church’s Food Ministry, including scheduling, traffic management, delivery practices, sanitation standards, outdoor storage, and other operational controls.
AGENCY REVIEW:
As part of the review process, all land use cases are reviewed by various city and outside agencies. As required by State Statute, staff sent notification letters to property owners within 300 feet of the proposed project (53 letters). The city has not received any significant concerns or objections from the various review agencies or adjacent property owners.
CITIZEN REVIEW MEETING:
The Citizen Review Meeting was held on December 2, 2025 at City Hall Council Chamber at 6 p.m. The intent of this meeting was to allow the public to learn about the project, ask questions, and express any comments or concerns. Four people from the public including the applicant were present, all in support of the conditional use permit.
ANALYSIS:
The Zoning Ordinance allows religious institutions within the R1-6 district through the conditional use process, which is designed to ensure land use compatibility, address potential off-site impacts, and support orderly neighborhood development. In this case, however, the scope of review is expressly governed by the federal Consent Decree.
The Consent Decree fully regulates the Church’s Food Ministry and its operational activities, leaving no discretion for the City to modify, expand, or impose additional conditions beyond those established by the federal court. As a result, the Conditional Use Permit must incorporate the Consent Decree as its complete and exclusive set of conditions, ensuring consistent application and preserving the enforceability of the federal order.
STAFF RECOMMENDATION:
Staff finds that the applicant has submitted the materials required for review and that the proposed use is consistent with the zoning district when evaluated under the binding terms of the Consent Decree.
Staff therefore recommends approval of Conditional Use Permit Case No. 2025-0412, with the conditions of approval consisting solely of the provisions contained in the Order and Consent Decree (Case No. 2:24-cv-00534-GMS), incorporated by reference in their entirety.
No additional conditions are proposed. Approval of this CUP brings the property into zoning compliance while fulfilling the obligations established by the federal court.
RECOMMENDED MOTION:
A. STAFF PRESENTATION
B. CHAIRMAN WALSHE TO OPEN PUBLIC HEARING
C. CHAIRMAN WALSHE TO CALL THE PUBLIC ON THIS ITEM
D. CHAIRMAN WALSHE TO CLOSE PUBLIC HEARING
E. I MOVE TO FORWARD CONDITIONAL USE PERMIT CASE NO. 2025-0412 TO CITY COUNCIL WITH RECOMMENDATION OF APPROVAL AS REQUIRED BY THE CONSENT DECREE, WITH THE CONSENT DECREE SERVING AS THE FULL CONDITIONS OF APPROVAL.
B. CHAIRMAN WALSHE TO OPEN PUBLIC HEARING
C. CHAIRMAN WALSHE TO CALL THE PUBLIC ON THIS ITEM
D. CHAIRMAN WALSHE TO CLOSE PUBLIC HEARING
E. I MOVE TO FORWARD CONDITIONAL USE PERMIT CASE NO. 2025-0412 TO CITY COUNCIL WITH RECOMMENDATION OF APPROVAL AS REQUIRED BY THE CONSENT DECREE, WITH THE CONSENT DECREE SERVING AS THE FULL CONDITIONS OF APPROVAL.