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Home My WebLink About94-033 , (') ~ . \Q , < . .".. ::~ '~..=-. 7 ",,'- ..~:.;; iNDEXED MICROFiLMED _,:,.",,-t;.: . '.'-:~,~, " ...., ~--....~ ,', "".. ." ,. ',. . ~ ",'.<', :~ . ",- - :...,.,.:t "yO . .~. _~ ,. '" '<.<.~: ._;.~.~",:~,_:~' ~94- 6861 8K 2351 PG BiD O..rCiAL R~CORDS OF MOHAVE COUNTY AI, ~JOAH MuCALL. MOHAVE COUNTY RECORDER~ 02/03/94 2:30 P.~. P~GE 1 OF ~ MOHAVE cOU~TY BOARD OF SUPERVISORS RECORDING FEE 0,00 Ne RESOLUTION NO. 94-33 A RESOLUTION SETTING FORTH APPROVAL OF AN EXTENSION OF TIME FOR THE APPROVED PRELIMINARY PLAN FOR DESERT SPRINGS RANCHOS, TRACT 3029, A SUBDIVISION BEING A PORTION OF THE NW~ OF THE SW~, SECTION 3, TOWNSHIP 40 NORTH, RANGE 15 WEST, LOCATED IN THE ARIZONA STRIP AREA, MORAVE COUNTY, ARIZONA, WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on February 1, 1994, a public hearing was conducted to determine whether approval should be granted for an Extension of Time for the approved Preliminary Plan of DESERT SPRINGS RANCHOS, Tract 3029, and WHEREAS, the owners/subdividers of this property are Clayton and Sharon Bell of Desert Springs, Arizona. The engineer responsible for the preparation of the drainage report and design of this subdivision is Ron Whitehead, P.E., Bush and Gudge11, Inc., of St. George, Utah, and " WHEREAS, this subdivision is located approximately one-half mile northeast of Littlefield on Interstate 15. From Interstate 15, access is via the south frontage road (a county road), then southeast on the proposed Desert Springs Road, which directly accesses this subdivision, and WHEREAS, the Preliminary plan depicts approximately 32 acres subdivided into 21 Single Family Residential Lots, three of which are two acres with the remaining lots one acre. Rezoning is not necessary due to the A-R zoning which is in effect, and WHEREAS, the water will be supplied by individual wells, electric power will be furnished by Dixie Escalante R.E.A., and telephone service will be provided by Rio Virgin Telephone Company. The developer will provide electrical and telephone service to each lot, and WHEREAS, this subdivision was created prior to application for the subdivison process per Arizona State Statutes and Mohave County Subdivision Regulations. The earliest correspondence in the files regarding the subdivision violation of this property is dated July 23, 1986. The earliest submittal in the file is dated :::'j.::,"-\ Oc tober, 1989, and . . P'~~ H"~ 8K 2 OF " 23'S1 FG 811 (FEE;9f- 68bl) Page 2 RESOLUTION NO. 94-33 WHEREAS, all but four lots were sold prior to the issuance of a Cease and Desist order from the Arizona Department of Real Estate. There has been recent correspondence from concerned lot purchasers with the Planning and Zoning office. The above Order is still in effect, and the Department of Real Estate has apparently given the purchasers the option of having their money returned. One of the purchasers has constructed a stick-built home on his lot and cannot get clear title to the land, and WHEREAS, documentation in the subdivision past problems with the Arizona Department of Quality, and access problems with the Arizona Transportation, and file indicates Environmental Department of WHEREAS, Final Plat submittal checklists and letters requesting that all required documentation be furnished were sent to Clayton and Sharon Bell and their engineering firm prior to the submittal of the Final Plat. Telephone conversations with both parties requested that they coordinate their efforts to ensure that the submittal was complete, and WHEREAS, the Final Plat was submitted as an incomplete package, excluding the Title Report and Engineer-s Cost Estimates for Improvements, on November 3, 1993. A letter was sent to the Bells and their engineering firm on November 9, 1993, requesting the required information prior to the submittal's transmission for review. The required information has not yet been furnished, and WHEREAS, Sharon staff must follow resolutions, and Bell and her engineer have been advised that the directions set forth by the BOS WHEREAS, the latest problem appears to be that the Bells and their engineer have not complied with the requirement stated in BOS ResOlution No. 91-115, which approved the preliminary Plat. The resolution required the owner/developer to install the telephone and electricity to the property line. The approved Preliminary Plat also stated that the developer would furnish electricity and telephone. The report to the Department of Real Estate states that the installation of the electricity and telephone is the responsibility of the lot purchaser. The Bells have apparently sold all of the lots, except the remaining four, with the understanding that the lot purchaser will furnish their own electric and telephone, and ..'"",, '''::''.'':::.\ . . PAGE 3 OF 5 BK 23~1 PG 812 (FEE~94- 6861) RESOLUTION NO. 94-33 Page 3 \. ~,. >, WHEREAS, Article 3.10 states, "Upon application to the Commission and prior to the expiration of the time limit, extensions in increments of one (1) year may be granted by the Board if the subdivider is actively processing the Final Plat. If such action is not taken then all proceedings relating to the plat shall be terminated.", and WHEREAS, in a letter dated December 1, 1993, Sharon Bell states: "Payment: "Enclosed is a check in the amount of $200.00 for a "first request for an Extension of T;,:ne"; which will take us to May 1, 1994. "Explanation: "There have been many delays in this project over the years for many reasons; the following are just a few: , -",.' " 1 . We are not "developers", -with big money backing - we are novices that had happenstances beyond our control and because we had a large amount of property I we started this project approx, 6 years ago. We felt it was in our best interests and in the best interests of the people coming to the area. This waS before there were any persons in Mohave County that wanted to bother to tell us the rules and regs; and many persons did their own thing, out of desperation. ,-,.'::.->-,. i.",. '.: "3. Because of lack of communication and understanding of "legal jargon" - for instance: Plot/Plat/Parcel! preliminary/New preliminary/Preliminary Final/Final/ etc: between P & Z, myself and out of state (Arizona Licensed Engineers); there have been many untimely and unneeded delays in this project. "2. There have been llliW.Y different Mohave Co. P & z personnel in charge of this project over the years, and each seemed to have their oWn way, re: rules/regs/requirements, etc. concerning this project (as well as many other projects in this geographic area). I can go back and document all the many P & Z personnel 1 who have sent "requirements". There was also a Supervisor of this District, before Mr. Standerfer, that was not a cooperative person for many in this area. -"->,.. ....,..~.,":~ ""'. ,'I' "'."1 ....,,... . . RESOLUTION NO. 94-33 PAGE 4 O. 5 BK 13~1 PG 813 (FEE~94~ 6861) Page 4 -,...... "4. Most recently causing delay, has been the turmoil & upset for the past year in Planning & Zoning. Though certain requirements had been satisfied, for some reason they had not been signed off, lost/misplaced, and had to be redone, costing time and money. "Mr. Morrell; the above are just a few reasons. We wish to cooperate in any reasonable way to finalize this project as quickly as possible. I need it finalized yesterday. We have submitted the "Final" which you have in your possession, and are holding pending replies from certain agencies. We can not afford to start over. we are asking for your patience, help and uDderstanding. We are trying to jump the hurdles and go through the hoops, but over the years, when we thought we saw light, someone new, would set up some more hurdles. You must understand our frustration. This has gone on too long We are financially and emotionally drained, because of the delays. we need all the positive attitudes We can get. Thank you for your help and consideration in this project. 1. Compliance with all conditions as stated in BOS Resolution No. 91-115, (.-';:'. :...\ "We shall continue to satisfy your requirements, while awaiting the granting of an extension.", and ,).'';'- WHEREAS, the Preliminary Subdivision Plan was approved by the Mohave County Board of Supervisors on May 1, 1991, via ResOlution NO. 91-115. This will be the first Extension of Time. Another Extension of Time will be required by May 1, 1994, and WHEREAS, at the public hearing before the Mohave County Planning Commission on January 12, 1994, the Commission recommended conditional approval of the requested Extension of Time subject to the following: 2. This Extension of Time will be in effect until May 1, 1994. WHEREAS, notice of hearing has been met and published throughout this subdivision process as required by Arizona Revised Statutes and Mohave County Regulations, and the public was afforded notice of this action through advertisement of the Board of Supervisors meeting for this date. ,"".'~ .. ." . . . . RESOLUTION NO. 94-33 PAGE :; OF :; BK 2351?G 314 (F~E~94~ 6361) Page 5 NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, February 1, 1994, APPROVED this Extension of Time for the Preliminary Plan of DESERT SPRINGS RANCHOS, Tract 3029, as recommended by the Mohave County Planning and Zoning Commission and outlined herein. ATTEST: MOHAVE COUNTY BOARD OF SUPERVISORS \;r .en 11./ e. w a}t.4l 6am1!&t~=-fe"r--c-fta-i-;f"Iltafl----- Joan r. Ward, Chairman ........ J.. -.."'\. ,".';'::'::~\