Action 17.
Regular Board of Supervisors Meeting
Community Development
- Meeting Date:
- 01/27/2015
- Title:
- S-07-02 Rio Corte Estates plat abandonment
- Submitted By:
- Jesse Drake, Community Development
- Department:
- Community Development
- Division:
- Planning & Zoning
Presentation:
PowerPoint
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
1
NAME
of PRESENTER:
of PRESENTER:
Jesse Drake
TITLE
of PRESENTER:
of PRESENTER:
Planner II
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Docket Number (If applicable):
S-07-02 Rio Corte Estates
Information
Agenda Item Text:
Adopt Resolution 15-02 abandoning the Rio Corte Estates subdivision plat.
Background:
MEMORANDUM
I. REQUEST FOR PLAT ABANDONMENT
This is a request from Mr. Bill Skalek, representing R.C. Lender, LLC, the owner of these parcels, to abandon the Rio Corte Estates Subdivision Final Plat, a 22-lot subdivision located west of Palominas Road approximately one mile south of Hereford Road; a portion of Section 17, Township 23 South, Range 22 East, G.&S.R.M. The lots are vacant and while construction of some improvements was begun, those improvements required were not completed.
II. DESCRIPTION OF SUBJECT PARCEL AND SURROUNDING LAND USES
Subdivision Size: 66.00 Acres
Zoning: RU-4 (Rural, minimum lot size 4 acres)
Growth Area: D-Rural
Comprehensive Plan Designation: D-Rural
Area Plan: None
Existing Uses: Vacant 22-lot subdivision
Type of Subdivision: Minor Expedited Subdivision
Flood Zone: X
Relation to Subject Subdivision Zoning District Use of Property
North RU-4 Low Density Residential
South RU-4 Low Density Residential & Vacant
East RU-4 Low Density Residential & Vacant
West RU-4 Vacant
III. SUBDIVISION HISTORY
10/16/2007 – Final Plat approved by Board of Supervisors.
10/25/2007 – Final Plat recorded, Book 15, pages 86 and 86A, Cochise County Recorder.
10/25/2007 –Assurance Agreement for subdivision improvements recorded, Cochise County Recorder; beneficiary Rio Corte LLC.
10/16/2010 - Assurance Agreement for subdivision improvements expired.
1/26/2011- 2nd Assurance Agreement approved through Resolution 11-03 by Board of Supervisors; beneficiary Rio Corte Lenders, LLC.
1/25/2014 – 2nd Assurance Agreement expired.
IV. NATURE OF REQUEST
The Final Plat for Rio Corte Estates Subdivision, a 22-lot subdivision on 66-acres zoned RU-4 was approved by the Board of Supervisors on October 16, 2007. Access to the subdivision is provided via Land Grant, Limousine, and Windsock Roads. South Windsock Rd. continues across the subdivision boundary to the intersection of E. Rio Corte Loop, a private internal loop road providing access to the lots. In addition to the 22-lots, the subdivision also contains Tract 'A' containing 31.314-acres of open space, and several utility and drainage easements.
The subdivision, submitted and approved as a Minor Expedited Subdivision, was allowed greater design flexibility in the layout and size of the lots than the standard RU-4 (one residence per four-acres) lot size.
At the time of Final Plat approval, staff was unaware of a mortgage which placed a lien on a four-acre parcel with a residence inside the subdivision boundaries. This parcel was owned individually by one of the developers, and underlies all of Lot 14 and portions of Lots 1, 13, 15 and 22 on the Final Plat. This lot, APN 104-27-200, was re-mapped by the Assessor’s office after the Final Plat was recorded, as the lien pre-dated the Final Plat itself. Subsequently the parcel was sold in a foreclosure action and the Assurances were released by the BOS. Therefore this parcel is not a part of the requested subdivision abandonment.
The Final Plat was recorded with a required Assurance Agreement to ensure the completion of the subdivision improvements prior to the release of lots for sale. The Assurance Agreement expired on October 16, 2010 without the completion of the improvements. After a foreclosure action, the current owner R.C. Lender, LLC, proposed that a new Assurance Agreement be accepted by the Board of Supervisors. This second agreement was approved by the Board via Resolution 11-03 on January 26, 2011, granting the developer an additional three years to complete the required subdivision improvements. The second Assurance Agreement expired on January 25, 2014.
To date Rio Corte Estates subdivision improvements have not been completed and the Assurance Agreement is expired. No lots were sold and no new structures were built on any lot. The subdivision meets the abandonment criteria of Article 3, Section 308.C of the Cochise County Subdivision Regulations which states:
“The Board of Supervisors may abandon a recorded final plat if required improvements have not been completed in a timely fashion or it is otherwise proposed for abandonment by the Planning Director.”
All Lot, Tract, and Open Space boundaries, including streets, ingress/egress, access and utility, no- vehicular access, drainage, and sight distance easements and/or rights-of-way as shown on sheet one of two will be extinguished. Any easements or rights-of-way for ingress/egress, public utilities and/or property interests separate from the Rio Corte Estates Subdivision plan will not be abandoned, including the four-acre parcel APN 104-27-200.
Per State statutes, after the plat has been abandoned, the property owner is entitled to again subdivide the property and sell no more than five parcels without subdivision review by the County.
V. RECOMMENDATION
The Planning Department recommends that the Board of Supervisors Approve the abandonment of Rio Corte Estates Final Plat recorded in Book 15 of Maps pages 86 and 86A of the Cochise County Recorder and authorize the Chairman to sign the Abandonment Plat of Rio Corte Estates and the Resolution.
VI. MOTION Mr. Chairman, I move to adopt the resolution approving the Abandonment of Rio Corte Estates subdivision and authorize the Chairman to sign the Abandonment Plat of Rio Corte Estates, and the Resolution.
I. REQUEST FOR PLAT ABANDONMENT
This is a request from Mr. Bill Skalek, representing R.C. Lender, LLC, the owner of these parcels, to abandon the Rio Corte Estates Subdivision Final Plat, a 22-lot subdivision located west of Palominas Road approximately one mile south of Hereford Road; a portion of Section 17, Township 23 South, Range 22 East, G.&S.R.M. The lots are vacant and while construction of some improvements was begun, those improvements required were not completed.
II. DESCRIPTION OF SUBJECT PARCEL AND SURROUNDING LAND USES
Subdivision Size: 66.00 Acres
Zoning: RU-4 (Rural, minimum lot size 4 acres)
Growth Area: D-Rural
Comprehensive Plan Designation: D-Rural
Area Plan: None
Existing Uses: Vacant 22-lot subdivision
Type of Subdivision: Minor Expedited Subdivision
Flood Zone: X
Relation to Subject Subdivision Zoning District Use of Property
North RU-4 Low Density Residential
South RU-4 Low Density Residential & Vacant
East RU-4 Low Density Residential & Vacant
West RU-4 Vacant
III. SUBDIVISION HISTORY
10/16/2007 – Final Plat approved by Board of Supervisors.
10/25/2007 – Final Plat recorded, Book 15, pages 86 and 86A, Cochise County Recorder.
10/25/2007 –Assurance Agreement for subdivision improvements recorded, Cochise County Recorder; beneficiary Rio Corte LLC.
10/16/2010 - Assurance Agreement for subdivision improvements expired.
1/26/2011- 2nd Assurance Agreement approved through Resolution 11-03 by Board of Supervisors; beneficiary Rio Corte Lenders, LLC.
1/25/2014 – 2nd Assurance Agreement expired.
IV. NATURE OF REQUEST
The Final Plat for Rio Corte Estates Subdivision, a 22-lot subdivision on 66-acres zoned RU-4 was approved by the Board of Supervisors on October 16, 2007. Access to the subdivision is provided via Land Grant, Limousine, and Windsock Roads. South Windsock Rd. continues across the subdivision boundary to the intersection of E. Rio Corte Loop, a private internal loop road providing access to the lots. In addition to the 22-lots, the subdivision also contains Tract 'A' containing 31.314-acres of open space, and several utility and drainage easements.
The subdivision, submitted and approved as a Minor Expedited Subdivision, was allowed greater design flexibility in the layout and size of the lots than the standard RU-4 (one residence per four-acres) lot size.
At the time of Final Plat approval, staff was unaware of a mortgage which placed a lien on a four-acre parcel with a residence inside the subdivision boundaries. This parcel was owned individually by one of the developers, and underlies all of Lot 14 and portions of Lots 1, 13, 15 and 22 on the Final Plat. This lot, APN 104-27-200, was re-mapped by the Assessor’s office after the Final Plat was recorded, as the lien pre-dated the Final Plat itself. Subsequently the parcel was sold in a foreclosure action and the Assurances were released by the BOS. Therefore this parcel is not a part of the requested subdivision abandonment.
The Final Plat was recorded with a required Assurance Agreement to ensure the completion of the subdivision improvements prior to the release of lots for sale. The Assurance Agreement expired on October 16, 2010 without the completion of the improvements. After a foreclosure action, the current owner R.C. Lender, LLC, proposed that a new Assurance Agreement be accepted by the Board of Supervisors. This second agreement was approved by the Board via Resolution 11-03 on January 26, 2011, granting the developer an additional three years to complete the required subdivision improvements. The second Assurance Agreement expired on January 25, 2014.
To date Rio Corte Estates subdivision improvements have not been completed and the Assurance Agreement is expired. No lots were sold and no new structures were built on any lot. The subdivision meets the abandonment criteria of Article 3, Section 308.C of the Cochise County Subdivision Regulations which states:
“The Board of Supervisors may abandon a recorded final plat if required improvements have not been completed in a timely fashion or it is otherwise proposed for abandonment by the Planning Director.”
All Lot, Tract, and Open Space boundaries, including streets, ingress/egress, access and utility, no- vehicular access, drainage, and sight distance easements and/or rights-of-way as shown on sheet one of two will be extinguished. Any easements or rights-of-way for ingress/egress, public utilities and/or property interests separate from the Rio Corte Estates Subdivision plan will not be abandoned, including the four-acre parcel APN 104-27-200.
Per State statutes, after the plat has been abandoned, the property owner is entitled to again subdivide the property and sell no more than five parcels without subdivision review by the County.
V. RECOMMENDATION
The Planning Department recommends that the Board of Supervisors Approve the abandonment of Rio Corte Estates Final Plat recorded in Book 15 of Maps pages 86 and 86A of the Cochise County Recorder and authorize the Chairman to sign the Abandonment Plat of Rio Corte Estates and the Resolution.
VI. MOTION Mr. Chairman, I move to adopt the resolution approving the Abandonment of Rio Corte Estates subdivision and authorize the Chairman to sign the Abandonment Plat of Rio Corte Estates, and the Resolution.
Department's Next Steps (if approved):
Community Development Department staff will record the Abandonment maps which consist of two mylars, and the Resolution which will authorized the plat abandonment.
Impact of NOT Approving/Alternatives:
The Assurance Agreement for Rio Corte Estates subdivision has expired with the improvements not completed, and part of the subdivision was recorded concurrently with a pre-existing parcel that fully overlays one lot and partially overlays three lots so that all four lots and parts of the roadway are unusable. If the lot lines are not deleted by filing the Abandonment Plat, the subdivision will be unbuildable as recorded.
To BOS Staff: Document Disposition/Follow-Up:
Please provide signed copies of the mylars as Planning Staff has the Applicant's check in hand to give to the Recorder to record the abandonment.