Discussion and possible action on any and all matters regarding Subdivision Case No. 2023-0667P. A request by Core Engineering Group PLLC., on behalf of Border Sam LLLP, for the preliminary plat approval of Belleza del Desierto Unit lll Subdivision. The property is located at the northeast corner of 20th Avenue and County 24 1/2 Street in San Luis, Arizona.

A. Staff Presentation
B. Action on Subdivision Case No. 2023-0667P

This is a request by Core Engineering Group PLLC., on behalf of Border Sam LLLP (a partnership agent for Border Ranches II AZ LLC), for the preliminary plat approval of Belleza del Desierto Unit lll Subdivision. The property is located at the northeast corner of 20th Avenue and County 24 1/2 Street. Assessor's Parcel Number 227-15-030.

This subdivision will contain approximately 20 acres that will be divided into 91 residential lots. The residential lots range in size from approximately 6,000 square feet to 10,850 square feet.

GENERAL PLAN:
In October 2021, the City Council passed and adopted Resolution No. 2199, which amended the 2040 General Plan to change land use designation to Medium Density Residential (MDR). The activities proposed will be consistent with and conform to the designation. The MDR Land Use designation allows detached single-family residential density to range up to six dwelling units per acre. 

ZONING:
The approval of the General Plan Amendment Case No. 2021-0337 and the adoption of Resolution No. 2199 allowed the owner to apply to rezone the property for residential use. On June 8, 2022, City Council approved Rezoning Case No. 2022-0190 and adopted Ordinance No. 426, rezoning this property from Light Industrial (L-I) to Medium Density Residential (R1-6). The property was rezoned with the following conditions:

1. The owner/applicant shall submit a preliminary plat application in compliance with the City of San Luis subdivision regulations.
2. That 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.  
3. Owner/applicant must provide a road connection along 20th Avenue from the northwest corner of the subdivision to Belleza Del Desierto Phase 2 subdivision. 

The existing condition of the subject property is undeveloped vacant land with the following adjacent zoning districts:

To the north: R1-6
To the west: R1-6
To the south: RA-10
To the east: L-I

PROPOSED DEVIATIONS: 
Subdivision Regulations Section 3.21, provides for the design standards and location of the Flood Control Facilities. The applicant is proposing to do the retention basin on the property to the north owned by Harvest Preparatory. Harvest plans to use said retention for a football field in the future. There must be proper legal documentation that the maintenance and function of the retention area will be the property owner's responsibility, and there should also be a dedication or mechanism for the City to have the right to maintain grades and proper function of the retention area if necessary. 

As per City Code - Zoning Regulations 18.25.040(E)(7), all residential developments, at the time of subdivision development within the “R1-6” Zoning District shall provide 5% of the net acreage of open space at a minimum. The applicant is proposing to provide funds for park improvements for East San Luis Park in lieu of the usable open space required by the Zoning Regulations. 

Staff will request supplemental information or documentation needed to make a final recommendation on the proposed deviations before presenting the final plat to the Planning and Zoning Commission. However, the deviations proposed by the applicant are subject to the City Council's approval.  At the time of the Final Plat presentation, City Council may approve, disapprove, or modify the proposed deviations. 

STAFF RECOMMENDATION:
Staff does not oppose to the approval of the Preliminary Plat as long as the conditions and comments are addressed. Therefore, the staff recommends approval with the following conditions:

1. The applicant must address all comments on the review comments letter dated December 22, 2023.
2. Applicant must comply with rezoning conditions as per Ordinance No. 426.
3. Applicant agrees to provide any supplemental information or documentation required by staff to make a final recommendation on the proposed deviations before presenting the Final Plat to the Planning and Zoning Commission. 
4. Applicant understands that a conditional approval of a preliminary plat, including any proposed deviations, shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat, which will be submitted for approval of the Commission and the City Council upon fulfillment of the requirements of the Subdivision Regulations, any other applicable City regulations and the conditions of approval.