Action 11.
Regular Board of Supervisors Meeting
Development Services
- Meeting Date:
- 01/04/2022
- Title:
- Extension of the Assurance Agreement for Red Hawk II Units 2 and 3 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-05-10
Mandated Function?:
Federal or State Mandate
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 May 22, 2025, for Red Hawk II Units 2 and 3 Subdivision with Pioneer Title Agency, Inc. as Trustee under Trust No. 140133 with Red Hawk Ranch Properties, LLC and Cochise County as Beneficiary of Trust No. 140133.
Background:
This request is from Red Hawk Ranch Properties, LLC for extension of the Assurance Agreement for completion of subdivision improvements. 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 an 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.Three previous extensions have been granted with the current extension having expired on May 22, 2021. This extension request if approved will extend the Assurance Agreement to May 22, 2025.
The BOS approved 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 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. 61 lots have been released. This represents 31% 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. Three previous extensions have been granted. 4) The economic conditions or other circumstances that are affecting the developer’s ability to complete subdivision improvements. Economic conditions and COVID have been a factor however there has been recent completion of subdivision improvements which permitted the release of 13 lots for sale. 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 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 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. 61 lots have been released. This represents 31% 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. Three previous extensions have been granted. 4) The economic conditions or other circumstances that are affecting the developer’s ability to complete subdivision improvements. Economic conditions and COVID have been a factor however there has been recent completion of subdivision improvements which permitted the release of 13 lots for sale. 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 BOS Chairwoman will sign the Assurance Agreement that will be recorded with a new expiration date of May 22, 2025.
Impact of NOT Approving/Alternatives:
The completion of subdivision improvements for the remaining lots would not be secured under an approved Assurance Agreement as required by the subdivision regulations.
To BOS Staff: Document Disposition/Follow-Up:
Once the Assurance Agreement document is fully executed, the original document will be recorded and a copy provided to Development Services.