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TO: BOARD OF SUPERVISORS .
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: SEPTEMBER 19, 1985
SUBJECT: DEFERRED IMPROVEMENT AGREEMENT ON MINOR SUBDIVISION 55=82
Specific Requests or Recommendation(s) & Bac group Justification
RECOMMENDATION
Continue deferred improvement agreement on MS 55-82 until adjacent property constructs frontage
improvements or until a road project or assessment district is initiated.
FINANCIAL IMPACT
None
REASONS FOR RECOMMENDATION/BACKGROUND
David J. Busby, 4B Limited, in a letter dated August 22, 1985, requests the Board of Supervisors
to either rescind a deferred improvement agreement on MS 55-82 or delay the requirement of
construction of the deferred improvements.
Involved is a 3 lot minor subdivision located at the northeast corner of Ironwood Drive and
Chilpancingo Parkway in the Pacheco area. It was approved in 1982 with the required frontage
improvements to Ironwood Drive deferred by agreement. That agreement, entered into by Mr. Busby,
is now in essence three agreements.
In 1984 the Planning Commission approved an 8 lot subdivision (No. 6407) on the east side
of Ironwood Drive about 200 feet north of the subject minor subdivision. Considering local
residents complaints about the inadequacy of the narrow 21 foot Ironwood Drive and the Planning
-Department staff report recommending improvement of the road the Planning Commission upheld
staff recommendations that frontage improvements be installed up front rather than be deferred.
In so doing the Commission further required that the Public Works Department call up the deferred
improvement agreement for MS 55-82 so that their frontage immprovements might be constructed
along with those of Subdivision 6407.
When improvement plans for the 8 lot subdivision were submitted to the Public Works Depart-
ment the deferred improvement agreement .for MS 55-82 was called up by notification to the
three new property owners. They in turn reacted by requesting the developer, Mr. Busby, to
intercede on their behalf to relieve them of the burden. He has by his letter requested the
Board to either rescind the agreement or continue the deferment.
It is the opinion of the Public Works Department that it would be inconsistent, unfair and
inequitable to rescind the deferred improvement agreement on Mr. Busby's minor subdivision. On
the other hand, a strong argument can be made that it is -premature to call up these deferments
until adjacent property constructs their frontage improvements or until a proje t or
assessment district is initiated, in compliance with the terms of the a e
Continued on attachment: yes Signature:
6
Recommendation of County Administrator ecommen n o aomm tee
Approve Other:
Signature(s):
Action of Board on: Approved as Recommended Other_
Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN.
Absent: Abstain:
Attested
Orig. Div.: Public Works (ES) PHIL BATCHELUR9 CLERK UF
cc: County Administrator BOARD AND OF SUPERVISORS
Director of Community Development COUNTY ADMINISTRATOR
David J. Busby, 4B Limited
Philip & Karen Shelp (viaenvt
Kenneth Kershaw (.,a t-Yov) By DEPUTY
Claudia J. Wagner N'a :;r.)
,\ Timothy & Theresa Wilson (via p )-," ��
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