Discussion and possible action on any and all matters regarding Subdivision Case No. 2023-0598F - La Esperanza Estates Subdivision final plat; a request by Edais Engineering Inc., on behalf of Riedel Holdings LLC, property located between 6th Avenue and 8th Avenue, north of Bienestar Estates No. 5 and south of the East Main Canal in San Luis, Arizona.  (Jose A. Guzman, Director of Development Services)

This subdivision will be designed as a private gated community containing approximately 15.1 acres and will consist of 30 residential lots. The residential lots range in size from approximately 7,200 square feet to 108,000 square feet. Assessor's Parcel Number 776-09-003.

GENERAL PLAN:
This area is designated as Medium Density Residential (MDR) in the City of San Luis 2040 General Plan. The activities proposed will be consistent with and conform to the designation. The MDR Land Use designation allows detached single family residential density range up to six dwelling units per acre. 

DEVELOPMENT AGREEMENT: 
A development agreement was approved on September 2023, by Resolution No. 2292. The term of the development agreement is for ten (10) years. The development agreement approved includes the following commitments:

• Rezoning Case No. 2023-0214 is conditioned upon the development of the land in a manner similar to the conceptual plan submitted as part of the Development Agreement.
• If the property is developed with public streets, the owner agrees that a full-length street shall be constructed between 6th Avenue and 8th Avenue as part of the development of this property. If the property is developed as a private gated community, the owner agrees to provide a 10” water line and fire hydrants at least every 300 feet and provide a 54-foot paved private street right-of-way for Union Avenue.
• The Owner shall have a traffic study conducted at the Owner’s expense in accordance with said Public Works Standards of the City of San Luis and shall construct or provide for the construction and/or development of all improvements required by the said study as a condition for issuance of any permit authorizing construction or development. Improvements include but are not limited to, possible contributions to future roadway improvements such as traffic signals and/or canal crossing along 6th Avenue. Improvements shall also comply with the City’s Ordinance No. 390.
• The applicant must provide to the City any documentation regarding the Home Owners Association (HOA) including but not limited to Declaration of Covenants, Conditions and Restrictions (CC&Rs), the articles of incorporation, the bylaws, and the rules and regulations. The applicant must provide an acceptable mechanism to generate funds necessary to maintain any private streets, landscape, retention, common areas and amenities associated with theprivate streets, landscape, retention, common areas and amenities associated with the development including the landscape in the adjacent public right-of-way. The applicant agrees to submit a petition to create any applicable improvement district, dedicate easements to the City, and make changes to the plat as deemed necessary by the City. If applicant is not in agreement with any requirement or administrative interpretation, then the appeal process shall be followed in accordance with City Code Section 18.15.060.
• Grading and erosion control shall comply with the 2018 International Building Code Appendix J standards for all aspects of the development, including developing lots and building houses or other buildings. The Owner shall provide a system for effective future maintenance of all improvements needed or necessary to maintain grading and erosion control after development of the subdivision. Such future maintenance shall include, but shall not be limited to and as an example only, placing common improvements such as retaining walls in common areas and establishing a homeowner’s association to maintain same.
• Owner agrees to provide off-site drainage. Water retention/detention areas may be counted towards the Open Space required by the Zoning Regulations (Chapter 18 Table No. 2).
• Owner agrees to obtain ownership of any necessary right-of-way and/or permits for improvements.
• City agrees to the deviation of Subdivision Regulations Section 3.30 allowing a cul-de-sac to serve 30 dwellings units instead of 20, if the property is developed as a private gated community in accordance with Section 2.2 of this agreement.
• Owner agrees to provide a gravity system connection for sewer services.
• Union Street shall be designed and constructed in accordance with the current City of San Luis Public Works Standards. Statements shall be contained on the plat and in both the CC&Rs and the HOA by-laws that Union Street is declared private, subject to an easement authorizing use by emergency and public service vehicles, and remain the permanent responsibility of the homeowners' association. The City has no responsibility to maintain or repair the surface of the street or easement property other than to restore the street or property to its original condition after cutting the street for installation of a water main or repairs to the main.
• The terms of the Agreement are in addition to City codes, rules, fees, and regulations that are applicable to this action.

STAFF RECOMMENDATION:
Staff recommends approval of Subdivision Case No. 2023-0598F with the following conditions:

1. Applicant must address all comments on the review comment letter dated January 18, 2024.
2. Developer must comply with the approved development agreement as per Resolution No. 2292.