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AGENDA ITEM REVIEW FORM |
6.D.
Regular City Council Meeting
- Meeting Date:
- 10/14/2020
- Department Head:
- Jose A. Guzman
- Submitted By:
- Jose A. Guzman, Director of Planning & Zoning, Planning & Zoning Department
Action Requested:
Motion
ITEM:
Discussion and possible action on any and all matters regarding amendment to the approval of Subdivision Case No. 2019-0826F. A request by Core Engineering Group, PLLC, on behalf of Greater Yuma Port Authority, owner, for an amendment to the final plat approval for Magrino Industrial Park Unit 3 Subdivision approved on February 26, 2020. (Jose A. Guzman, Director of Planning and Zoning)
A. Staff presentation.
B. Action on Subdivision Case No. 2019-0826F
A. Staff presentation.
B. Action on Subdivision Case No. 2019-0826F
SUMMARY:
City Council approved Subdivision Case No. 2019-0826F back on February 26, 2020. Attached to this report is the staff report presented to Council in February with all the background information on this project. The project was approved with conditions that the applicant and staff agreed on. Do to financial issues caused by the pandemic the developer is requesting to amend the approval of the subdivision.
REGULAR SUBDIVISION PROCESS:
Usually once City Council approves the subdivision, developer needs to address any conditions pending if they are any. They have to post assurances, these assurances are a warranty that a subdivision improvements will be built. In case the developer for some reason cannot complete the project, the City uses the money on the assurances to complete the subdivision improvements. This will warranty that we do not end up with subdivisions constructed halfway or abandoned. After assurances are posted by the developer, the Public Works Department reviews the numbers and Legal Department approves it. Then, the legal department gives the green light to Planning and Zoning for recording the plat; after recordation of the plat any lots within the subdivision can be sold.
MAGRINO UNIT 3 PROCESS:
In the case of Magrino, City Council approved the subdivision but developer was unable to post assurances. Administration and Legal Department in order to be development friendly they got into an agreement with the developer in order to allow for the recordation of the plat with the agreement that assurances were going to be posted as they sell the lots. After the agreement was signed Legal Department gave the Planning and Zoning green light to record the plat and plat was recorded. The Assurances Agreement and Approval from Legal Department are attached to this report.
THE REQUEST:
After the plat was recorded, the developer sold a lot that is looking to get a building permit. However, one of the conditions of the final plat approval was that no building permit was going to be issued until all improvements were built. Since the developer is not able to do the full improvements, the request is to allow the construction of the improvements in phases as per the attached map. Phase one will cover the improvements required to issue the building permit requested.
REGULAR SUBDIVISION PROCESS:
Usually once City Council approves the subdivision, developer needs to address any conditions pending if they are any. They have to post assurances, these assurances are a warranty that a subdivision improvements will be built. In case the developer for some reason cannot complete the project, the City uses the money on the assurances to complete the subdivision improvements. This will warranty that we do not end up with subdivisions constructed halfway or abandoned. After assurances are posted by the developer, the Public Works Department reviews the numbers and Legal Department approves it. Then, the legal department gives the green light to Planning and Zoning for recording the plat; after recordation of the plat any lots within the subdivision can be sold.
MAGRINO UNIT 3 PROCESS:
In the case of Magrino, City Council approved the subdivision but developer was unable to post assurances. Administration and Legal Department in order to be development friendly they got into an agreement with the developer in order to allow for the recordation of the plat with the agreement that assurances were going to be posted as they sell the lots. After the agreement was signed Legal Department gave the Planning and Zoning green light to record the plat and plat was recorded. The Assurances Agreement and Approval from Legal Department are attached to this report.
THE REQUEST:
After the plat was recorded, the developer sold a lot that is looking to get a building permit. However, one of the conditions of the final plat approval was that no building permit was going to be issued until all improvements were built. Since the developer is not able to do the full improvements, the request is to allow the construction of the improvements in phases as per the attached map. Phase one will cover the improvements required to issue the building permit requested.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO AMEND THE PLAT APPROVAL FOR MAGRINO INDUSTRIAL PARK UNIT 3 SUBDIVISION TO ALLOW THE CONSTRUCTION OF IMPROVEMENTS IN PHASES AS PRESENTED, AND
TO ALLOW THE ISSUANCE OF BUILDING PERMITS FOR THOSE LOTS WHERE A PARTICULAR PHASE OF IMPROVEMENTS HAVE BEEN COMPLETED, AND
STAFF IS DIRECTED TO WORK WITH GREATER YUMA PORT AUTHORITY TO ENTER A DEVELOPMENT AGREEMENT TO PROVIDE FOR SUCH PHASING OF IMPROVEMENTS AND SUCH OTHER DEVELOPMENT ISSUES AS THE PARTIES DEEM APPROPRIATE.
TO ALLOW THE ISSUANCE OF BUILDING PERMITS FOR THOSE LOTS WHERE A PARTICULAR PHASE OF IMPROVEMENTS HAVE BEEN COMPLETED, AND
STAFF IS DIRECTED TO WORK WITH GREATER YUMA PORT AUTHORITY TO ENTER A DEVELOPMENT AGREEMENT TO PROVIDE FOR SUCH PHASING OF IMPROVEMENTS AND SUCH OTHER DEVELOPMENT ISSUES AS THE PARTIES DEEM APPROPRIATE.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- N/A
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
N/A