This subdivision will contain approximately 74.81 acres and will consist of 267 residential lots. The residential lots range in size from approximately 6,000 square feet to 10,500 square feet, and one (1) large lot containing approximately 11.83 acres designated for future Los Mezquites Unit 5 development. Assessor's Parcel Number 227-11-004.

GENERAL PLAN:
City Council approved Major Amendment Case No. 2021-0340, changing the land use designation to Medium Density Residential (MDR). The Major Amendment allowed the applicant to rezone the property to R1-6.

REZONING:
The City of San Luis City Council approved, on January 12, 2022, Rezoning Case No. 2021-0639/ Ordinance No. 423 rezoning 186 acres to Medium Density Residential (R1-6). The Rezoning was approved with the following conditions:

1. Developer must comply with all provisions and conditions of the development agreement approved by Resolution No. 2204.
2. That any development of the property, or a 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. Development must comply with Public Works Standards as approved by City Council during the Final Plat. Updated Public Works Standards to include right-of-way requirements, pavement thickness, and other applicable standards.
4. Developer, on behalf of itself, its heirs, successors, and assigns agrees to transfer a strip of land 30 feet wide all along the Detention Center property. Title to said property shall vest to the San Luis Facility Development Corporation in fee simple free and clear of all liens and encumbrances.

DEVELOPMENT AGREEMENT:
A development agreement 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 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. 
• 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.
• Street Lights.  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 of 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.

SUMMARY OF CONDITIONS:
Roadway Improvements: The Development Agreement specifies that the developer is responsible for constructing public improvements, including traffic signal installations, as required by the City. A traffic impact study was conducted by Nicklaus Engineering Inc, to determine the impact of the development and the required roadway improvements. The Developer was required to install all roadway improvements as specified in the original traffic study. Subject to the payback provisions of the City Code.  

• Condition: The original requirement will remain, this condition will be added to ensure conditions are more clear. Roadway requirements as listed in Page 32, Section 8.A. will be required to be constructed by the developer as part of Los Mezquites Unit 4. All improvements will be subject to a payback agreement as outlined in Section 15.10.130(C) of the City Code, with funds collected and disbursed to the Developer prior to any additional development by involved parties.

Pledgehold Agreement: The current pledgehold agreement was established to provide assurances for the required traffic lights. The land for Los Mezquites Unit 4 was place as collateral for assurances for the construction of the required traffic lights. 

• Condition: As the land for Mezquites Unit 4 was previously pledged for the construction of the traffic signals, the Developer will be required to provide new financial assurances covering the full cost of all required traffic signals before recording the final plat of Los Mezquites Unit 4, replacing the previous land pledge. 

Odor Easement and Waiver:

• Condition: An odor easement and waiver will be executed by the Developer and recorded on the final plat, acknowledging the development's proximity to the Waste Water Treatment Plant and waiving any related odor claims.

Odor Control System:

• Condition: Installation of a new odor control system for the lift station within the East Waste Water Treatment Plant property. The Developer will install the system and provide financial assurances before recording the final plat. Contributions will be based on flow contributions as outlined in the Engineer Design Report.

REQUEST FOR SPECIAL STREET NAMES:
The applicant has made a request to name three of the streets being: Papo Neblina Avenue, Concha Avenue and Leon Avenue as seen on the attached plat and applicants request. As per City of San Luis Roadway Naming and Addressing Policy, Section 2.7, as adopted by Resolution No. 2016, City Council approves subdivision street names through the subdivision process, and roadway names become final upon recording of the final plat. 

STAFF RECOMMENDATION:
The applicant has provided the information and materials necessary for the review of the Final Plat for Los Mezquites Unit 4 Subdivision.

Staff recommends approval of Subdivision Case No. 2024-0206F with the following conditions:

1. Developer must comply with all provisions and conditions of the development agreement approved by Resolution No. 2204 and any amendments. 
2. Developer must comply with all provisions and conditions of Ordinance No. 423, codified at San Luis City Code Section 15.10.130(C) and (D). 
3. The Developer shall complete all roadway improvements as specified on page 32, Section 8.A of the “Los Mezquites Subdivision and Von Verde Development LLC” Traffic Impact Study, prepared by Nicklaus Engineering, Inc., dated January 2022. All improvements shall be subject to a payback agreement as outlined in Section 15.10.130(C) of the City Code.
4. Since the land for Mezquites Unit 4 was originally pledged under Resolution No. 2222 for the construction of traffic signals, the Developer shall provide new financial assurances for all required traffic signals and roadway improvements prior to the recordation of the final plat for the Los Mezquites Unit 4 Subdivision.
5. The Developer is required to install a new odor control system for the lift station serving this development, located within the East Waste Water Treatment Plant property. The Developer must provide appropriate financial assurances for the odor control system prior to the recording of the final plat for Los Mezquites Unit 4. Contributions for the odor control system shall be distributed based on flow contributions, as detailed in the Engineer Design Report.
6. The Developer shall sign an odor easement and waiver, which will be established on the final plat for Los Mezquites Unit 4.
7. The Developer has voluntarily offered to install recreational amenities in a street-level area within the subdivision. In the absence of current City standards for such amenities, the Developer will ensure that the installed amenities align with future City requirements.
8. The 5 acres of land originally designated as parkland will be changed from park to a buffer area for the wastewater treatment plant.