Action 7.
Regular Board of Supervisors Meeting
Development Services
- Meeting Date:
- 06/07/2022
- Title:
- Assurance Agreement Extension Request for Rancho Arizona 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-03-02
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 July 6, 2025, for Rancho Arizona Subdivision with Pioneer Title Agency, Inc, as Trustee under Trust No. 515034, and James W. Sandlin and Terry L. Russell, and Cochise County as Beneficiaries of Trust No. 515034.
Background:
The Rancho Arizona Subdivision is a 48-lot RU-4 zoned development located one-half mile west of Palominas Road and one-half mile south of Three Canyons Road in Hereford. The average lot size is 3.33 acres. At the time of Tentative Plat approval, a density bonus was automatically granted to anyone subdividing ten or more lots. The Final Plat and Assurance Agreement was approved by the BOS on June 13, 2006.
The developer had delayed the start of construction on the subdivision improvements to coordinate with County staff on the relocation of the subdivision entrance road which now aligns with Boundary Road where it connects to Palominas Road. The developer has since chip sealed Boundary Road and Caballero Loop which serves the easternmost lots in the subdivision. Four lots have been released with building permits issued and construction underway.
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. The developer proposed a three-phase plan for this subdivision. Road and utility improvements have been completed in portions of all three phases to date. 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. 1- one-year administrative and 4- three-year BOS extensions have been granted. 4. The economic conditions or other circumstances that are affecting the developer’s ability to complete subdivision improvements. While the economy has been a factor in past years and the developer delayed subdivision improvements to coordinate with the county, four building permits has been issued and construction is underway. 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 developer had delayed the start of construction on the subdivision improvements to coordinate with County staff on the relocation of the subdivision entrance road which now aligns with Boundary Road where it connects to Palominas Road. The developer has since chip sealed Boundary Road and Caballero Loop which serves the easternmost lots in the subdivision. Four lots have been released with building permits issued and construction underway.
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. The developer proposed a three-phase plan for this subdivision. Road and utility improvements have been completed in portions of all three phases to date. 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. 1- one-year administrative and 4- three-year BOS extensions have been granted. 4. The economic conditions or other circumstances that are affecting the developer’s ability to complete subdivision improvements. While the economy has been a factor in past years and the developer delayed subdivision improvements to coordinate with the county, four building permits has been issued and construction is underway. 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 Board Chair will sign the Assurance Agreement extension and the Board Clerk will record with a new expiration date of July 6, 2025.
Impact of NOT Approving/Alternatives:
The completion of subdivision improvements for the Rancho Arizona Subdivision would remain unsecured by an Assurance Agreement as is required by the adopted County Subdivision Regulations.
To BOS Staff: Document Disposition/Follow-Up:
When the assurance agreement document has been signed by all parties and recorded, please provide a recorded copy to Development Services staff for filing.