High Sierra Subdivision, 2nd Filing, Amended Lot 1, Block 4, located on the southeast corner of Siesta Avenue and Wicks Lane, was platted and recorded in February of 2008. The Subdivision Improvements Agreement (SIA) recorded with the plat states that construction of public improvements, including streets, will be installed in phases.  Siesta Avenue, which fronts the north side of Lot 1-B, Block 4 is now being developed by private contract with the participation of property owners on both sides of the street, in order to facilitate development of property adjacent to the north.  The owners of Lot 1-B  however do not have immediate plans to develop this vacant lot and have requested to delay installation of sidewalks along their frontage until lot development. Delaying sidewalk installation until lot development is consistent with current City development standards. However, the original SIA (see attachment) indicates that sidewalk installation should occur at the time of street improvement.  

The owner, Harvest Evangelical Church, and the representing agent, Andrew Billstein of Billstein Law Firm, are requesting that the SIA be amended for Amended Lot 1, Block 4, of High Sierra Subdivision, 2nd Filing. The amendment requested would change Section III.B. to specify that construction of sidewalks and handicap access ramps along Siesta Avenue shall not be required until the development of Lot 1-B (see Attachments for request and proposed new SIA).  City Engineering and other staff are supportive of this amendment, as it aligns with current City policies in regard to sidewalk construction timing. However Engineering staff has requested that the last sentence of the affected Section be deleted, as it does not follow current practice or the proposed design in the private contract. This sentence states "The Siesta Avenue street section may be designed to provide one 10-foot multi-use path in-lieu of two 5-foot sidewalks  upon approval by the City and in cooperation with the properties on the north side of Siesta Avenue."  

The City Subdivision Regulations, Section 23-1103, BMCC, describes the procedure for amending recorded SIAs and other supporting plat documents.  It indicates that after a request to amend a document is received and reviewed by affected agencies, the Planning Division shall submit a recommendation to the City Council. The City Council may approve the request if it does not significantly alter the original approval and does not conflict with the review criteria set forth in these regulations. 

City Council may:
Approve the request to amend the SIA for High Sierra Subdivision, 2nd Filing, Amended Lot 1, Block 4; or
Deny the request to amend the SIA for High Sierra Subdivision, 2nd Filing, Amended Lot 1, Block 4.

Approval of the amendment to the SIA would not have a financial impact to the City.

Staff recommends that City Council conditionally approve the request to amend the Subdivision Improvements Agreement for High Sierra Subdivision, 2nd Filing, Amended Lot 1, Block 4.

Condition of Approval:
The last sentence of SIA Section III.B. stating "The Siesta Avenue street section may be designed to provide one 10-foot multi-use path in-lieu of two 5-foot sidewalks upon approval by the City and in cooperation with the properties on the north side of Siesta Avenue," shall be deleted.