Action 16.
Regular Board of Supervisors Meeting
Development Services
- Meeting Date:
- 08/13/2024
- Title:
- Assurance Agreement Extension Request for the Highlands at Inde Subdivision
- Submitted By:
- Paul Esparza, Development Services
- Department:
- Development Services
Presentation:
PowerPoint
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
1
NAME
of PRESENTER:
of PRESENTER:
Paul Esparza
TITLE
of PRESENTER:
of PRESENTER:
Building Official
Docket Number (If applicable):
S-16-01
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
or Basis for Support?:
ARS 11-821(C)
Information
Agenda Item Text:
Approve an Assurance Agreement extension to September 12, 2029 for The Highlands at Inde Subdivision with Pioneer Title Agency, Inc., as Trustee under Trust No.70100206 and Inde Motorsport Ranch, LLC, as Beneficiary of Trust No.70100206.
Background:
The Highlands at Inde Subdivision was approved as a minor expedited 10-lot subdivision on 45-acres, is zoned RU-4 and is located west of Willcox on Airport Road. The average lot size is 3.6 acres. Eight (8) lots remain secured under the Assurance Agreement.
The Board of Supervisors approved the Final Plat on Sept. 12, 2017. The Final Plat and the Assurance Agreement were recorded on Sept. 15, 2017. The Board had not previously extended the assurance agreement.
The Board approved text amendments to Section 702.01 Assurance Agreement in the Subdivision Regulations which includes five factors that the Board may consider in their decision to grant an assurance agreement extension. The responses to this request are provided in bold italics:
a. Whether the property taxes on the subject parcel(s) are current. Yes, the property taxes are current.
b. If the subdivision is phased, whether the subdivision infrastructure improvements for at least 20% of the proposed phases have been completed. If it is not phased, whether at least 25% of the subdivision infrastructure improvements have been completed. This is not a phased subdivision and no improvements have been completed to date.
c. The number of extensions previously granted. A maximum of three extensions, not exceeding a total of ten (10) years since either the original approval of the assurance agreement or the most recent release of a lot, whichever has occurred later. No prior extensions have been requested.
d. The economic conditions or other circumstances that are affecting the developer’s ability to complete subdivision improvements. Due to economic conditions beyond the control of the developer, they placed a hold on all sales and marketing efforts since the COVID-19 pandemic in 2020 and focused their efforts on marketing the trackside garage pads for long-term lease. They believe the economic conditions are now favorable to move forward with the sale and marketing of the 10 lots.
e. Has the character of the area or physical factors such as drainage, floodplain, water issues or circulation patterns changed significantly since plat approval that compliance with current County Subdivision and/or Zoning Regulations is necessary. No
The Board of Supervisors approved the Final Plat on Sept. 12, 2017. The Final Plat and the Assurance Agreement were recorded on Sept. 15, 2017. The Board had not previously extended the assurance agreement.
The Board approved text amendments to Section 702.01 Assurance Agreement in the Subdivision Regulations which includes five factors that the Board may consider in their decision to grant an assurance agreement extension. The responses to this request are provided in bold italics:
a. Whether the property taxes on the subject parcel(s) are current. Yes, the property taxes are current.
b. If the subdivision is phased, whether the subdivision infrastructure improvements for at least 20% of the proposed phases have been completed. If it is not phased, whether at least 25% of the subdivision infrastructure improvements have been completed. This is not a phased subdivision and no improvements have been completed to date.
c. The number of extensions previously granted. A maximum of three extensions, not exceeding a total of ten (10) years since either the original approval of the assurance agreement or the most recent release of a lot, whichever has occurred later. No prior extensions have been requested.
d. The economic conditions or other circumstances that are affecting the developer’s ability to complete subdivision improvements. Due to economic conditions beyond the control of the developer, they placed a hold on all sales and marketing efforts since the COVID-19 pandemic in 2020 and focused their efforts on marketing the trackside garage pads for long-term lease. They believe the economic conditions are now favorable to move forward with the sale and marketing of the 10 lots.
e. Has the character of the area or physical factors such as drainage, floodplain, water issues or circulation patterns changed significantly since plat approval that compliance with current County Subdivision and/or Zoning Regulations is necessary. No
Department's Next Steps (if approved):
If approved, the Board Chair will sign the Assurance Agreement extension, and it will be recorded.
Impact of NOT Approving/Alternatives:
Any remaining lots not previously released by Cochise County will not be secured under the updated Assurance Agreement.
To BOS Staff: Document Disposition/Follow-Up:
Following the recording of the Assurance Agreement extension, please transmit a copy to Development Services.
Attachments
- Assurance Agreement Extension
- AA Extension Request Letter
- AA Extension BOS PPT
- AA Extension BOS Memo