Action 13.
Regular Board of Supervisors Meeting
Development Services
- Meeting Date:
- 11/28/2023
- Title:
- Assurance Agreement Replacement Request for Rolling Hills 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-02-02
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 the Assurance Agreement replacement for the completion of the subdivision improvements for Rolling Hills Subdivision, with Pioneer Title Agency, Inc. as Trustee under Trust No. 70908065 and Trust No. 70908068, with an expiration date of November 28, 2028.
Background:
The Rolling Hills Subdivision consists of 61 lots on 55.55 acres, is zoned SM-36, and has five phases. All lots are a minimum of 36,000 square feet. The subdivision is located approximately ¾ of a mile north of Interstate 10 on the west side of Mescal Road. Twenty-five lots have been released so far and the subdivision improvements are approximately 40 percent complete.
The Board of Supervisors approved the Final Plat in 2003. An extension to the Assurance Agreement was approved in 2006 which expired in 2014. The second extension request extended the assurance agreement to April 30, 2022. This replacement agreement request would provide a current assurance agreement with an expiration date of November 28, 2028.
The Assurance Agreement section of the Subdivision Regulations establishes five factors that the Board may consider in their decision to grant an assurance agreement extension/replacement. The responses to the factors are below:
a. Whether the property taxes on the subject parcel(s) are current.
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.
Phase A and B have been constructed and released. The improvements to the subdivision are approximately 40 percent complete.
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.
The subdivision received an extension in 2006, which expired in 2014. The second extension requested extended the assurance agreement to April 30, 2022. This replacement agreement request would provide a current assurance agreement with an expiration date of November 28, 2028.
d. The economic conditions or other circumstances that are affecting the developer’s ability to complete subdivision improvements.
The Mescal and J6 areas are experiencing interest from both residential and commercial developers, which could result in completion of this subdivision.
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.
There have been no changes to the physical area, Zoning Code or Subdivision Regulations that would impact that proposed subdivision.
The Board of Supervisors approved the Final Plat in 2003. An extension to the Assurance Agreement was approved in 2006 which expired in 2014. The second extension request extended the assurance agreement to April 30, 2022. This replacement agreement request would provide a current assurance agreement with an expiration date of November 28, 2028.
The Assurance Agreement section of the Subdivision Regulations establishes five factors that the Board may consider in their decision to grant an assurance agreement extension/replacement. The responses to the factors are below:
a. Whether the property taxes on the subject parcel(s) are current.
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.
Phase A and B have been constructed and released. The improvements to the subdivision are approximately 40 percent complete.
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.
The subdivision received an extension in 2006, which expired in 2014. The second extension requested extended the assurance agreement to April 30, 2022. This replacement agreement request would provide a current assurance agreement with an expiration date of November 28, 2028.
d. The economic conditions or other circumstances that are affecting the developer’s ability to complete subdivision improvements.
The Mescal and J6 areas are experiencing interest from both residential and commercial developers, which could result in completion of this subdivision.
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.
There have been no changes to the physical area, Zoning Code or Subdivision Regulations that would impact that proposed subdivision.
Department's Next Steps (if approved):
After the Board Chair signs the Assurance Agreement, it will be recorded with an expiration date of November 28, 2028.
Impact of NOT Approving/Alternatives:
The subdivision improvements for the remaining incomplete phases would remain unsecured by a current assurance agreement.
To BOS Staff: Document Disposition/Follow-Up:
Following the recording of the assurance agreement document, please transmit a copy to Development Services.