Action 10.
Regular Board of Supervisors Meeting
Community Development
- Meeting Date:
- 05/22/2018
- Title:
- Substitution and Extension of the Assurance Agreement for the Red Hawk II Units 2 and 3 Subdivision
- Submitted By:
- Paul Esparza, Community Development
- Department:
- Community Development
- Division:
- 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:
Planning Manager
Docket Number (If applicable):
S-05-10
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Approve a substitution and extension of the Assurance Agreement for Red Hawk II Units 2 and 3 with Pioneer Title Agency, Inc as Trustee under Trust No.TR140133 for Red Hawk Ranch Properties, LLC as Beneficiary of Trust No. TR140133 to May 22, 2021.
Background:
This request is from Red Hawk Ranch Properties, LLC for substitution and extension of the Assurance Agreement for completion of subdivision improvements for the Red Hawk II Units 2 and 3 subdivision. The Red Hawk II Units 2 and 3 subdivision consists of 192 lots on 655 acres located on J-Six Ranch Road south of I-10. The subdivision is zoned SR-87, with a average lot size of three acres. The Final Plat for Red Hawk II and Assurance Agreement were approved by the BOS on August 7, 2007. The assurance agreement lapsed in August 2014. This extension request if approved will cover the lapse and extend the assurance agreement to May 22, 2021.
The BOS approved amendments to Section 501.01 Assurance Agreements in the Subdivision Regulations which includes five factors that the Board may consider in their decision to grant an Assurance Agreement extension. The following responses are provided in bold italics for this request: 1) Whether the property taxes on the subject parcel(s) are current. Yes, verified by staff. 2) 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. There are 11 phases in this project. Phases 3 and 4 and portions of Phases 5, 9, and 11 have been completed. 49 lots have been released. This represents 25% completion of the subdivision improvements. 3) 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. Two previous extensions have been granted. 4) The economic conditions or other circumstances that are affecting the developer’s ability to complete subdivision improvements. The economy has been a factor but there has been recent building activity in the subdivision. 5) 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 BOS approved amendments to Section 501.01 Assurance Agreements in the Subdivision Regulations which includes five factors that the Board may consider in their decision to grant an Assurance Agreement extension. The following responses are provided in bold italics for this request: 1) Whether the property taxes on the subject parcel(s) are current. Yes, verified by staff. 2) 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. There are 11 phases in this project. Phases 3 and 4 and portions of Phases 5, 9, and 11 have been completed. 49 lots have been released. This represents 25% completion of the subdivision improvements. 3) 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. Two previous extensions have been granted. 4) The economic conditions or other circumstances that are affecting the developer’s ability to complete subdivision improvements. The economy has been a factor but there has been recent building activity in the subdivision. 5) 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 Chairwoman will sign the Assurance Agreement and it will be recorded with a new expiration date of May 22, 2021.
Impact of NOT Approving/Alternatives:
The completion of subdivision improvements for the remaining phases of the Red Hawk II Units 2 and 3 subdivision would not be secured under an approved Assurance Agreement.
To BOS Staff: Document Disposition/Follow-Up:
Please secure the necessary signatures on the original Assurance Agreement document and send to Planning staff for recording of the document.