Action 12.
Regular Board of Supervisors Meeting
Community Development
- Meeting Date:
- 04/24/2012
- Title:
- Substitute Assurance Agreement for Morning Star Airpark
- Submitted By:
- Beverly Wilson, Community Development
- Department:
- Community Development
- Division:
- Planning
Presentation:
PowerPoint
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
3
NAME
of PRESENTER:
of PRESENTER:
Beverly Wilson
TITLE
of PRESENTER:
of PRESENTER:
Senior Planner
Docket Number (If applicable):
Mandated Function?:
Federal or State Mandate
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Adopt Resolution 12-12 approving Docket S-07-06, a Substitute Assurance Agreement for the Morning Star Airpark Subdivision with First American Title Insurance Company as trustee under trust number 9307, and extending the deadline to complete improvements to April 24, 2017.
Background:
MEMORANDUM
TO: BOARD OF SUPERVISORS
For: Michael Ortega, County Administrator
FROM: Beverly Wilson, Senior Planner
For: Carlos De La Torre, Community Development Director
SUBJECT: Morning Star Airpark Substitute Assurance Agreement
DATE: April 12, 2010 for April 24, 2012 Board of Supervisors Meeting
I. NATURE OF REQUEST AND DESCRIPTION OF SUBDIVISION
This request is for approval of a Substitute Assurance Agreement for the Morning Star Airpark Subdivision. The property has been sold through a foreclosure action to Mr. Ed Curry of Pearce, Arizona. Mr. Curry’s intent is to preserve the entitlements granted by the Final Plat during the current economic conditions, while continuing to pursue his farming interests on the parcel. He has provided a Substitute Assurance Agreement to assure the required improvements approved by the Final Plat are made upon the parcel prior to selling any lots. Mr. Curry has stated that he may wish to farm the land for another 8 – 10 years while keeping options for his retirement open, and before making any final decisions regarding the further development of this property.
The Morning Star Airpark Subdivision consists of 483.78 acres, zoned RU-4, which was to be developed in four phases consisting of a total of 142 lots ranging in size from 1.29 to 1.45 acres. The subdivision was approved as a Conservation Subdivision in 2008, which grants a 34% density bonus and allows flexible lot sizes if 50% of the acreage is conserved as open space. The Conservation area is 229.74 acres (Tract B). The density bonus results in 30 additional lots for a total of 142 residential lots and 2 non-residential lots (condo hangars). The site is located on the east side of Highway 191 with frontage on Birch Road and is designed to be a private, gated airpark. In 2007, a Special Use Permit for a private landing strip was approved by the Planning and Zoning Commission for this site (SU-07-07). Special Use Permits run with the land, not with the Owner.
STAFF RECOMMENDATIONS
An Assurance Agreement is a method accepted by Cochise County as a means of securing subdivision improvements and is described in Article 5 of the Subdivision Regulations. The title to the subdivided property is placed in trust with a third party escrow agency or trust company authorized to do business in the State of Arizona along with an agreement between the County and the trustee that title to any lot or parcel within the subdivision will not be transferred until written approval is given by the County for the release or partial release of property held in trust. The agreement is recorded with the final plat. The subdivision regulations also set a three (3) year time limit for construction of improvements to be completed, and authorizes the County to abandon the plat if the conditions of the assurances are not met in a timely manner. Section 501.01.F2 states “The Board of Supervisors may extend the time specified to complete these improvements for additional terms if the purposes of the Regulations would still be served.”
Staff is recommending the Board consider the following:
1. A Waiver of the three (3) year limit for the improvements to be completed in this case, and would recommend that Mr. Curry be granted five (5) years to utilize his land for farming purposes with the mutual understanding that he may again request a time extension in the future.
2. Staff is also recommending that as a condition of approving this waiver, at the end of the five (5) year period, Mr. Curry will meet with Staff to re-evaluate the economic viability and potential for the eventual development of the Morning Star Airpark. At the end of five years, a firm date will be agreed upon and set for either the completion of the improvements to Morning Star Airpark, or the requirement for Mr. Curry to initiate the process to abandon the subdivision plat.
Staff recommends that the Board of Supervisors approve the Substitute Assurance Agreement between First American Title Insurance Company, a California corporation, as Trustee under Trust No. 9307, Ed Curry, as Beneficiary of Trust No. 9307, and Cochise County, Arizona. Staff also recommends that the Board approve the Waiver of the three (3) year time limit given to make improvements, per the Subdivision Regulations, to allow Mr. Curry up to five (5) years to make subdivision improvements before the Assurance Agreement expires, with a Condition that Mr. Curry agrees to submit a clear and firm plan with timelines for completion of the project prior to the expiration of the five-year extension, or agree to abandon this plat.
ATTACHMENTS: Substitute Assurance Agreement
TO: BOARD OF SUPERVISORS
For: Michael Ortega, County Administrator
FROM: Beverly Wilson, Senior Planner
For: Carlos De La Torre, Community Development Director
SUBJECT: Morning Star Airpark Substitute Assurance Agreement
DATE: April 12, 2010 for April 24, 2012 Board of Supervisors Meeting
I. NATURE OF REQUEST AND DESCRIPTION OF SUBDIVISION
This request is for approval of a Substitute Assurance Agreement for the Morning Star Airpark Subdivision. The property has been sold through a foreclosure action to Mr. Ed Curry of Pearce, Arizona. Mr. Curry’s intent is to preserve the entitlements granted by the Final Plat during the current economic conditions, while continuing to pursue his farming interests on the parcel. He has provided a Substitute Assurance Agreement to assure the required improvements approved by the Final Plat are made upon the parcel prior to selling any lots. Mr. Curry has stated that he may wish to farm the land for another 8 – 10 years while keeping options for his retirement open, and before making any final decisions regarding the further development of this property.
The Morning Star Airpark Subdivision consists of 483.78 acres, zoned RU-4, which was to be developed in four phases consisting of a total of 142 lots ranging in size from 1.29 to 1.45 acres. The subdivision was approved as a Conservation Subdivision in 2008, which grants a 34% density bonus and allows flexible lot sizes if 50% of the acreage is conserved as open space. The Conservation area is 229.74 acres (Tract B). The density bonus results in 30 additional lots for a total of 142 residential lots and 2 non-residential lots (condo hangars). The site is located on the east side of Highway 191 with frontage on Birch Road and is designed to be a private, gated airpark. In 2007, a Special Use Permit for a private landing strip was approved by the Planning and Zoning Commission for this site (SU-07-07). Special Use Permits run with the land, not with the Owner.
STAFF RECOMMENDATIONS
An Assurance Agreement is a method accepted by Cochise County as a means of securing subdivision improvements and is described in Article 5 of the Subdivision Regulations. The title to the subdivided property is placed in trust with a third party escrow agency or trust company authorized to do business in the State of Arizona along with an agreement between the County and the trustee that title to any lot or parcel within the subdivision will not be transferred until written approval is given by the County for the release or partial release of property held in trust. The agreement is recorded with the final plat. The subdivision regulations also set a three (3) year time limit for construction of improvements to be completed, and authorizes the County to abandon the plat if the conditions of the assurances are not met in a timely manner. Section 501.01.F2 states “The Board of Supervisors may extend the time specified to complete these improvements for additional terms if the purposes of the Regulations would still be served.”
Staff is recommending the Board consider the following:
1. A Waiver of the three (3) year limit for the improvements to be completed in this case, and would recommend that Mr. Curry be granted five (5) years to utilize his land for farming purposes with the mutual understanding that he may again request a time extension in the future.
2. Staff is also recommending that as a condition of approving this waiver, at the end of the five (5) year period, Mr. Curry will meet with Staff to re-evaluate the economic viability and potential for the eventual development of the Morning Star Airpark. At the end of five years, a firm date will be agreed upon and set for either the completion of the improvements to Morning Star Airpark, or the requirement for Mr. Curry to initiate the process to abandon the subdivision plat.
Staff recommends that the Board of Supervisors approve the Substitute Assurance Agreement between First American Title Insurance Company, a California corporation, as Trustee under Trust No. 9307, Ed Curry, as Beneficiary of Trust No. 9307, and Cochise County, Arizona. Staff also recommends that the Board approve the Waiver of the three (3) year time limit given to make improvements, per the Subdivision Regulations, to allow Mr. Curry up to five (5) years to make subdivision improvements before the Assurance Agreement expires, with a Condition that Mr. Curry agrees to submit a clear and firm plan with timelines for completion of the project prior to the expiration of the five-year extension, or agree to abandon this plat.
ATTACHMENTS: Substitute Assurance Agreement
Department's Next Steps (if approved):
Record the Assurance Agreement for the Subdivision File.
Impact of NOT Approving/Alternatives:
The Subdivision Plat will be abandoned.
To BOS Staff: Document Disposition/Follow-Up:
Record the Resolution and the Lot Release form and send copies to Planner for the file. Sign and return the Assurance Agreement to Planner for recording.