Discussion and possible action on any and all matters regarding Resolution No. 2269. A resolution of the City Council of the City of San Luis, Arizona, approving the First Amendment to Los Mezquites Development Agreement as approved by Resolution No. 2204; repealing conflicting provisions; and providing for severability.  (Jose A. Guzman, Director of Planning and Zoning)

BACKGROUND:
Riedel Holdings, LLC, applied for final plat approval for Plaza Colibri Commercial Subdivision.  The property is located on the northeast corner of County 24th Street and Avenue E.

The Planning and Zoning Commission, during their regular meeting held on April 11, 2023, recommended approval of the final plat with the condition that the applicant addresses the review comments letter dated April 7, 2023.

The City Council, during their regular meeting held on April 26, 2023, approved the final plat with the condition that the development agreement that the City Council adopted with Resolution No. 2204 be amended before the recordation of the plat to address the comments on the staff comment letter dated April 7, 2023.

DEVELOPMENT AGREEMENT:
This property was divided by Lot Split Case No. 2021-0387, which was part of a development agreement that was approved by Resolution No. 2204. The development agreement is attached to this agenda item and includes the following condition:

• 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 its 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. 

AMENDMENT TO DEVELOPMENT AGREEMENT:
During the regular meeting of April 26, 2023, City Council approved Subdivision Case No. 2023-0134F with the condition that the development agreement is amended to address the review comment letter dated April 7, 2023, prior to the recordation of the Plat.

There were two main concerns with the review comments letter:

1. The applicant requested a deferment of landscape installation along the adjacent right-of-way of the subdivision. Staff does not oppose this request as long as it is a condition that the landscape is done before the warranty period expires and assurances are released. 
2. The applicant requested to allow retention basins on the public right-of-way. The staff's concern is that having the retention basin in the right-of-way restricts all other uses of the right-of-way that may be needed in the future. However, this might be allowed contingent that the City has a way of making use of its right-of-way in the future if it is needed. 

During the Lot Split for this property, 62 feet of the right-of-way were dedicated to the City as part of the conditions of the Development Agreement. However, 55 feet of right-of-way is required for a typical minor arterial road such as County 24th Street, which allows for a 4-lane road with a center turn lane. City met with the applicant and agree that if the City returns the additional 7 feet to the owner, the owner will modify the design to move the retention basins into private property. 

The proposed amendment will include the following language:

1. Development Agreement is hereby amended to change the right-of-way dedication required on County 24th Street from 62 to 55 feet from the center of alignment. Since the 62 feet of right-of-way has been dedicated, the City agrees to abandon the 7 feet of right-of-way returning it to the owner. The owner will move retention basins out of County 24th Street adjacent to lots 31 through 39 of Plaza Colibri. Retention basins will remain privately owned and maintained. 
2. Landscape is required for any commercial subdivision including any retention basins and adjacent right-of-way. The City agrees to the deferment of landscape installation as required for Plaza Colibri. Complete landscape installation must be completed prior to the expiration of the two-year warranty period and releasing of assurances. The owner is responsible for maintaining landscape improvements on any retention basins or landscape areas including those located on adjacent public right-of-way. 
3. The systems for maintenance of both the retention basins and landscaping shall be subject to City approval.