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HomeMy WebLinkAbout96-046 lNut:.xEli 9628442 BK 2736 PG 691 OFFICIAL RECORDS OF MOHAVE COUNTY, JOAN MC CALL, MOHAVE COUNTY RECORDE! OS/24/96 01:09P PAGE 1 OF 5 ~,OS RECORDING FEE 0.00 MICROALMED r ,,~ ~)' . . RESOLUTION NO. 96-46 A RESOLUTION SETTING FORTH AN EXTENSION OF TIME FOR THE APPROVED PRELIMINARY SUBDIVISION PLAN FOR AZTEC JUNCTION, TRACT 3019, A SUBDIVISION OF A PORTION OF SECTION 10, TOWNSIDP 21 NORTH, RANGE 18 WEST, IN THE GOLDEN VALLEY AREA, MOHA VE COUNTY, ARIZONA. WHEREAS, at the special meeting of the Mohave County Board of Supervisors held on May 20, 1996, a public hearing was conducted to determine whether approval should be granted for an Extension of Time for the above described property to owners/developers Aztec Junction One Limited Partnership, Jim Kuden, General Partner, ofEscondido, California, and WHEREAS, the Preliminary Plan depicts 51 acres subdivided into 153 lots. The three lots fronting on Highway 68 range in size from 1.15 to 4.30 acres and are proposed to be zoned C-2 (General Commercial). It should be noted that on December 5,1994, the northern portion of the site, including the preliminary plan's proposed commercial lots, was rezoned to C-2 (General Commercial) to permit the operation of a swap meet via BOS Resolution No. 94-425. The remainder of the tentative tract, or 38.4 acres, is proposed to be subdivided into 150 lots. These lots range in size from 6,000 to 10,000 square feet, yielding a density 00.9 lots per acre. All lots will be served by a "package" sewage disposal plant, and WHEREAS, Mr. Kuden's prior requests for Extensions of Time have been due, for example, to "market timing has not been appropriate, banks are still not making construction loans in Golden Valley, in addition, insurance is hard to come by for that area." These factors were stated in Mr. Kuden's last request for extension in a letter dated November 17, 1994, Mr. Kuden's current request, dated December 14, 1995, following up and detailing out his official request of December I, 1995, states six reasons why he would like an additional one year Extension of Time, as follows: 1. "The business climate has improved substantially since last year and should continue to improve in the future with what Mohave County has planned for the 1-40 corridor." 2. "We have a better opportunity for financing now than we have had in the past. Where we were just turned down in the past we at least have people talking to us now with a substantial amount of funds being available subject to an escrow closing." 3. "We have been in direct contact with Citizens Utilities and an adjacent property owner for the construction of a sewer plant on adjacent property with the thought that the plant would service Aztec Junction as well as the surrounding area as it develops." RESOLUTION NO. 96-46 PAGE 2 OF 5 BK 2736 F'G 692 FEH9628442 Page 2 . . 4. "1 have instructed Mohave Engineering (Associates) to move ahead on the final engineering for the subdivision." 5. "1 have met with John Finn - (a Lake) Havasu contractor - who has finalized most of his pressing work in (Lake) Havasu and is in a better position to discuss the Aztec project now than he has ever been before." 6. "1 have also been in touch with Southern Arizona Paving and Construction (Co.) regarding the projected paved road that will connect Highway 68 to 1-40. They advised me that they have advised your people at the County level - including the Board of Supervisors - that they are more than willing to provide materials needed for the proposed paving and road construction at pennies above cost - providing that Aztec is paved from (Highway) 68 to Shinarump (Drive)," and WHEREAS, Mr. Kuden's request concludes as follows: "Obviously, the paving of Aztec Road would have a very positive impact on the development of AJ. (Aztec Junction)." "You asked me to express a time frame as to when all of this might be accomplished. Without knowing how many glitches and unavoidable delays we might run intoC) 1 would have to estimate between 6 and 9 months, hopefully 6 (months)," and WHEREAS, the analysis ofMr. Kuden's request is as follows: I. The business climate in Mohave County, in general, has improved since last year. Whether this improved climate has had any "spin-off' impact on Mr. Kuden's project, via new jobs and increased community wealth and buying power, is beyond the scope ofthis report. 2. Financing opportunities mayor may not have improved for Mr. Kuden's property. Staff contacted Russell McCoy, broker for Brooks Realty, and Ben May, broker for Sacramento Valley Realty, both of Kingman, on December 19,1995. Both gentlemen agreed that the current real estate market for single-family homes in Golden Valley has not changed significantly from last year's moderate performance; however, according to both brokers, home loans are not hard to come by in the area. 3, On December 19,1995, Mr. Gary Mosely, District Manager, and Mr. David Bereskin, P.E. and Operations Manager for Citizens Utilities, were contacted by staff. Mr. Kuden had given them a copy of the preliminary plan and capital improvement plans for the unrecorded Final Platofa part of Aztec Junction during the week of December 11, 1995. Both men have only made a cursory review of the project and will not be able to evaluate it until after January I, 1996. The site for the sewer treatment plant has not been secured at this time, nor has a cost estimate or time-line for construction been established. RESOLUTION NO. 96-46 PAGE 3 OF 5 BK 2736 f'G 693 FEE~9628442 Page 3 . . 4. The staff has also contacted Mr. Bob Schuetz, P.E., of Mohave Engineering Associates of Kingman, to see if Mr. Kuden has made substantial progress in meeting the requirements of BOS Resolution Nos. 94-425 and 95-041. According to Mr. Schuetz, the project has not progressed significantly in the past year. Mr. Kuden's subdivision has not been modified to show the removal of the commercially zoned northern parcel. 5. Mr. John Finn, the contractor for Cedar Creek Development Co. of Lake Havasu City, Arizona, told staff on December 19, 1995, that he had met with Mr. Kuden in November, 1995, and will be available to work on Aztec Junction in 1996. However, he told staff that he will be working on another large subdivision project in the Lake Havasu area in the new year also. 6. The issue of paving Aztec Road from Hwy. 68 to Shinarump Drive was brought to the attention of several parties. Mr Bruce Herman, Operations Manager of Southern Arizona Paving and Aztec Materials, said on December 18, 1995, that he could pave this road segment and possibly connect to 1-40 along Shinarump in eight months. He said his company would also supply manpower as well. The Public Works Department told staff on December 19, 1995, that Aztec, Colorado, Bacobi and several other County highways are being evaluated for the best north-south link to Shinarump Drive. The 1996 budget for road improvements in that part of Golden Valley has been devoted to maintain no more than five miles of roadway at current standards, according to Mr. Skalicky, Director of Public Works, and WHEREAS, the summary is as follows: Items one, two and five are subject to market forces beyond the control of the Planning and Zoning Commission. Item three will require extensive study to determine the right size sewage treatment facility and will unlikely be constructed within the upcoming year, Item four, the revision of the preliminary plan, has not been accomplished. The preliminary plan is now invalid. Item six is little more than wishful thinking in assuming that Aztec Road will be chosen as the north-south connector for Hwy. 68 and Shinarump Drive, If selected, it certainly will not be improved this year, and WHEREAS, the chronology of this Subdivision is as follows: The Preliminary Plan for this tract was approved by the Mohave County Board of Supervisors on October 3,1988, via P&ZC Resolution No. 88-149, The zoning proposal for the subdivision was approved on October 3, 1988, per P&ZC Resolution No, 88-150, conditional to the recording of the final map. This resolution will have to be rescinded. The first Extension of Time was granted March 4,1991, per BOS Resolution No. 91-078. The second extension was granted on October 21,1991, per BOS Resolution No. 91-286. The third extension was granted on November 2, 1992, per BOS Resolution No, 92-392. The fourth extension was granted on February 1, 1994, per BOS Resolution No. 93-359. RESOLUTION NO. 96-46 PAGE 4 OF 5 BK 2736 PG 694 FEE~9628442 Page 4 . . On December 5, 1994, a portion of Parcel 46 was rezoned from A-R (Agricultural-Residential) to C-2 (General Commercial) via BOS Resolution No. 94-425. This rezone invalidated the existing Aztec Junction, Tract 3019, Preliminary Plan and required the submittal of a revised preliminary plan and drainage report. The revised preliminary plan should omit the rezoned commercial parcel. The fifth extension was granted on February 6, 1995, per BOS Resolution No. 95-041, and WHEREAS, Article 3.10-1 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, this will be the sixth Extension of Time, and WHEREAS, the following are Findings of Fact for the above captioned item: a. All notices have been advertised and posted according to regulations. b. The proposed action complies with the Mohave County General Plan. and the property is designated as an Urban Development Area. c. The site is adequate for the action intended and the use is consistent with the surrounding land uses and terrain. d. This request for an extension does not comply with the Extension of Time Policy. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on January 10, 1996, the Commission recommended DENIAL for Extension of Time based upon the following: 1. Non-compliance with P&ZC Resolution No. 88-149 in that the developer is not actively processing the Final Plat as defined by the County. 2, Non-compliance with BOS Resolution Nos. 94-425 and 95-041 in that the developer has not submitted a revised preliminary subdivision plan removing the commercially zoned property from the plan. 3. Mr. Kuden's reasons for this Extension of Time do not support firm eventualities, WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, April 21, 1996 and posted on April 19, 1996, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. RESOLUTION NO. 96-46 Page 5 " . . NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their special meeting on May 20, 1996, DENIED this Extension of Time as recommended by the Mohave County Planning and Zoning Commission and outlined herein. ATTEST: MOHA VE COUNTY BOARD OF SUPERVISORS :L ~~ S~derfer, ~rman PAGE 5 Of 5 8K 2736 PG 695 fEE~9628.42 .