Discussion and possible action on any and all matters regarding Resolution No. 2290.  A resolution of the City Council of the City of San Luis, Arizona, approving the First Amendment to the Pre-Annexation Development Agreement San Luis Port II Industrial Park, LLC, as approved by Resolution No. 936; repealing conflicting provisions; and providing for severability.  (Jose A. Guzman, Director of Planning and Zoning)

Von Verde Development, LLC, applied for a final plat approval for Southwest Arizona Industrial Subdivision Phase 2. The proposed subdivision is located north of County 24th Street between Avenue D 1/2 and Avenue D. This industrial subdivision will contain approximately 40 acres and will consist of five (5) industrial lots. The lots range in size from 4 acres to 14 acres. The subdivision will include Assessor's Parcel Numbers 227-11-006, 227-11-007, and 227-11-008. 

PRE-ANNEXATION DEVELOPMENT AGREEMENT:
These properties are part of the Pre-Annexation Development Agreement San Luis Port II Industrial Park, approved by Resolution No. 936 on April 27, 2011. The Pre-Annexation Development Agreement requires the construction of sidewalks along Avenue D. The applicant requests an amendment to the Pre-Annexation Development Agreement to remove the requirement for the construction of the sidewalks along Avenue D. 

The Planning and Zoning Commission, during a Special Meeting held on October 25, 2022, recommended approval of the final plat with the condition that the Pre-Annexation Development Agreement that the City Council adopted with Resolution No. 936 be amended to remove the condition as proposed by the applicant. 

EXISTING MEMORANDUM OF UNDERSTANDING:
City Council adopted Resolution No. 2234, approving a Memorandum of Understanding for Lot Split Case No. 2022-0509 (ATS Lot Split). The divided property is located on the northwest corner of Avenue D and County 25th Street. This property is not part of the Southwest Arizona Industrial Subdivision Phase 2. However, this property is within the limits of the same Pre-Annexation Agreement approved by Resolution No. 936.

The purpose of the MOU was to allow the approval of the lot split with conditions on certain public improvements, utility extensions, and future right-of-way dedication. Resolution No. 2234 is attached to this report, which includes the full MOU document. As per Section 1 Subsection (a) of the MOU, the property along Avenue D will be allowed to be developed without the requirements of sidewalks, provided the property is developed for specific industrial uses. 

AMENDMENT TO PRE-ANNEXATION DEVELOPMENT AGREEMENT:
Since most of the properties within the approved Pre-Annexation Agreement are represented by the same agent, the owner is requesting to remove the requirement of sidewalks along the Avenue D alignment on their new proposed industrial subdivision. 

As presented by staff, the proposed amendment will incorporate the Memorandum of Understanding approved by Resolution No. 2234 to the Pre-Annexation Development Agreement approved by Resolution No. 936. In addition, this proposed amendment will include removing the sidewalk requirement along Avenue D on property north of County 24th Street, as proposed by the applicant. 

STAFF RECOMMENDATION:
Staff believes that it is important that development is done following the adopted regulations that require sidewalks along arterial roads, including the Public Works Standards for streets as well as the adopted General Plan, to provide sidewalks for current and future connectivity. If sidewalks are not required now by the developer but are needed in the future the city will end up paying for its construction. 

A. I MOVE TO APPROVE AND ADOPT RESOLUTION NO. 2290 AS PRESENTED.

OR

B. I MOVE TO DENY RESOLUTION NO. 2290.