Discussion and possible action on any and all matters regarding Subdivision Case No. 2023-0295F - Los Mezquites Townhomes Final Plat.  A request by Edais Engineering Inc., on behalf of Riedel Holdings LLC, for the approval of Los Mezquites Townhomes Final Plat; the property is located west of 24th Avenue and south of Los Mezquites Unit 2 Subdivision in San Luis, Arizona. (Jose A. Guzman, Director of Planning & Zoning)

Los Mezquites Townhomes is a subdivision of lot 564 of Los Mezquites Unit 3 subdivision.  This subdivision will contain approximately 4.65 acres and will consist of 46 residential lots and four (4) tracts.  The residential lots range in size from approximately 2,900 square feet to 5,600 square feet.

On March 8, 2023, the City Council approved Rezoning Case No. 2022-0693, which rezoned a portion of Assessors Parcel Number 227-11-393 to Medium-High Density Residential (R-2). Medium-High Density Residential (R-2) allows the applicant to increase the residential density with smaller size lots.

GENERAL PLAN:
In 2021, Major Amendment Case No. 2021-0340 was approved by the City Council to change the land use designation of the subject parcel and adjacent parcels to the north from Commercial (C) to Medium Density Residential (MDR). As per General Plan Page 2-10, under Land Use Guidance,

• "Townhomes, condominiums, small footprint, and other attached/detached single-family formats ranging from 6-12 du/ac are appropriate along arterial streets and serving as a land use transition between lower density single-family areas and higher density/intensity uses."
• "Multi-family residential development ranging from 12-25 du/ac is appropriate at or near arterial street intersections and should serve as a land use transition between nonresidential uses and lower density residential areas."

The R-2 zoning district allows 10 dwelling units per acre, and it is located as a transition between commercial and lower-density residential, therefore, the proposed use is consistent with the land use designation of the San Luis General Plan 2040. 

DEVELOPMENT AGREEMENT:
This property is part of a development agreement that was approved by Resolution No. 2204. The term of the development agreement is for five (5) years.  The development agreement approved includes the following conditions:

• Dedication of Right of Way. At present time, owners shall dedicate appropriate right-of-way to the City along County 23 ½ Street and Avenue D ½ alignments in accordance with the updated standards for right-of-way as provided by the Public Works Department. Dedication of right of way on County 24th shall be 62 feet from the center of alignment and 130 feet within 300 feet of the intersection. Dedication of said right-of-way shall occur at such time and in such manner as required by the City in its sole discretion.
• Development of Improvements.  At such time that any lot created by City Lot Split Case Number 2021-0387 or any lot within the Rezoning Case No. 2021-0693 is developed, public improvements, including but not limited to streets, roads, retention basins, utility extensions, utility mains, including pumping stations, lift stations, force mains, traffic signalization, and other off-site public improvements will be made pursuant to City standards as may be required by the Public Works Director of City in his sole discretion. The location of such improvements and/or their development is not confined to the lot being developed but rather may be located on any portion of the entire Property that is the subject of this agreement.
• The owner agrees to make such dedications of property as may be needed or necessary for such development at the discretion of the Public Works Director. Such dedications and the development of such improvements as described above shall be a condition of the issuance of any building permit(s) or other use permit(s) for the development of any such lot or portion of such lot.
• Streetlights. At such time that any lot created by City Lot Split Case Number 2021-0387 or any lot within Rezoning Case No. 2021-0693 is developed, the Public Works Director may require, in his sole discretion, that the development of streetlights in the public right-of-way is needed or desired, the development of such street lighting in the manner and at the locations as may be determined by the Public Works Director, in his sole discretion, shall be a condition of the issuance of building permit(s) or other use permit(s) for the development of any such lot.
• Residential Development. The developer is requesting Rezoning Case No. 2021-0693 to change Assessor Parcel Number 227-11-004 and portion of parcel 227-11-005 to Medium Density Residential (R1-6) to allow for single-family development. At such time as any portion of the property is developed with single-family homes, the development will be of lots no less in size than 6,000 square feet, amending the lot size requirement and removing the minimum home size on Resolution No. 933.
• Traffic Light Contribution. Any development of the property, or portion thereof, and/or the approval of any subdivision plat, be conditioned upon payment to the city the sum of $260.00 per acre, or any portion of an acre, as a proportionate contribution for a traffic signal at the intersection of County 24th Street and Avenue E.
• Waste Water Treatment Plant. The developer agrees to execute, record, and deliver such agreements, easements, and/or covenants, conditions, and restrictions that run with the land which is the subject of this development agreement for the benefit of the City of San Luis that will allow the real property of Developer that is the subject of this agreement to be used for fumes or odors from its wastewater treatment operations located at 358 N. Avenue D, and to waive any claims for any damages that might arise from wastewater treatment operations, whatsoever, and agree to indemnify and hold the City of San Luis and its officers, agents, and employees harmless from any and all claims, whatsoever, known or unknown, emanating from wastewater treatment operations including, but not limited to, claims arising from fumes or odors.
• Land Dedication for Park. The owner wishes to donate to the city, and the city agrees to accept from the Owner certain land within the Property, containing five (5) gross acres of buildable land in addition to the open space requirement. The owner agrees to convey to the City by executing a Deed, free and clear of all liens and encumbrances.
• Covenants, Conditions, and Restrictions. For any lot developed or to be developed as other than residential development, the Owner shall record a covenant, condition, and restriction to run with the land prohibiting the development and use of the property as a school, public or private, of any kind nature, or description.
• Special Taxing Districts. The owner agrees to agree to the formation of a street lighting improvement district, a community facilities district, and any enhanced municipal district needed.
• Regulations. The terms of this Agreement are in addition to City codes, rules, fees, and regulations that are applicable to this action.
• Buffer. The developer agrees to build an 8-foot cmu wall along the entire property line along the Detention Center and the East Waste Water Treatment Plant. Including as a buffer, a 30 feet wide green area, and the residential street, totaling 82 feet.

STAFF RECOMMENDATION:
The applicant has provided the information and materials necessary for the review of the final plat for Los Mezquites Townhomes Subdivision.

Staff recommends approval of Subdivision Case No. 2023-0295F with the following conditions:

1. Applicant must address comments from Comment Letter dated August 29, 2023.
2. Developer must comply with the development agreement approved by Resolution No. 2204.
3. Developer shall develop and construct any and all improvements needed and necessary for the signalization of the intersections at 24th Street and Ave. E and 23 ½ and Ave. E in accordance with the Public Works Standards of the City and the standards of the Arizona Department of Transportation, subject to the payback provisions of Section 15.10.130 (C) of the City Code.
4. Los Mezquites Unit 3 Subdivision plat needs to be recorded prior to the recordation of Los Mezquites Townhomes Final Plat.