Discussion and possible action on any and all matters regarding revised Resolution No. 2234. A resolution of the Mayor and City Council of the City of San Luis, Arizona, approving and ratifying a memorandum of understanding to conform to the City Council’s October 19^th revisions concerning MOY Farming Company, L.L.C.’s proposed lot split of a parcel bounded by Avenue D½, County 24½ Street, Avenue D, and County 25^th Street.  (Fernando Villegas, Principal Planner)

Background
This item originated with a request by Vega & Vega Engineering PLC, on behalf of MOY Farming Company L.L.C., owner, for the review and approval of ATS Lot Split located on the northwest corner of Avenue D and County 25th Street. Assessor’s Parcel Number 227-14-004 is proposed to be divided into two (2) lots, creating parcels C1 and C2. The Property is currently zoned Light Industrial (L-1).
 
Purpose
The purpose of the memorandum of understanding is to condition lot-split approval for the city to provide the public with necessary improvements and right-of-way dedications that would be required under the subdivision process. Section 7.1 of the city’s Subdivision Regulations provides that lot splits may be approved if the land is divided into three (3) or fewer parcels and does not involve right-of-way dedication, utility extension, or other off-site public improvements. The proposed lot split involves future right-of-way dedication, utility extension, and off-site improvements, therefore is not allowed to be processed as a lot split under the Subdivision Regulations. The purpose of the memorandum of understanding is to make appropriate provisions for future right-of-way dedications, utility extensions, and off-site public improvements such that the application for Lot Split Case No. 2022-0509 may be approved.
 
Update
On October 19, 2022, the City Council passed the memorandum of understanding between the City of San Luis, Arizona, and MOY Farming Company, L.L.C, on Lot Split Case No. 2022-0509 with changes. The changes involve future commitments from the landowners to the east of the parcel (Von Verde Development, L.L.C. MOY Farming Company, L.L.C., and SAM Group Investment Company Profit Sharing Plan). The Loo family controls all of the companies.
 
Elizabeth Carpenter (representing the Loo companies) committed to providing an additional 20-foot width for Avenue D using land from the east side of Avenue D if higher impact uses develop either on the parcel subject to the lot split or on the east side of D. She also committed that the Loo Companies would put in sidewalks on both sides of Avenue D if future uses necessitate it. City Council changed the memorandum of understanding by motion to incorporate these commitments. The revised memorandum of understanding includes the commitment to successors in interest. The written, revised resolution and memorandum of understanding reflect these changes.
 
Request
Since the revised memorandum of understanding was not before the City Council on October 19, 2022, staff requests that City Council ratify the written changes to the memorandum of understanding conforming to the motion that the City Council passed on October 19, 2022.