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HomeMy WebLinkAbout96-179 '" ~~ f . ':kOF/LMID 9630614 BK 2742 PG 1~3 OFFICIAL RECORDS OF MOHAVE COUNTY JOA~ MC CALL, MOHAVE COUNTY RECORDI 06/u5/96 08:23A PAGE 1 OF 3 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 RESOLUTION NO. 96-179 A RESOLUTION SETTING FORTH AN EXTENSION OF TIME OF THE APPROVED PRELIMINARY SUBDIVISION PLAN OF VISTA LAGUNA COUNTRY CLUB ESTATES, TRACT 3038, BEING A SUBDIVISION OF A PORTION OF SECTIONS 20 AND 21, TOWNSHIP 14 NORTH, RANGE 20 WEST, IN THE LAKE HA V ASU CITY AREA, MOHA VE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on June 3, 1996, a public hearing was conducted to determine whether approval should be granted for an Extension of Time as requested by Lawrence E. Wilk, attorney with Jaburg and Wilk, Attorneys at Law, on behalf of James C. Sell, owner in receivership, for the above described Preliminary Subdivision Plan. The engineer of record is Southwest Civil Engineering, Inc., Lake Havasu City, Arizona, and WHEREAS, the subdivision is located northwest of Lake Havasu City and west of London Bridge Road, and WHEREAS, the Preliminary Plan depicts approximately 290 acres subdivided into seven parcels, including 297 single-family lots, 895 multiple-family dwelling units, and one commercial parcel. The proposed zoning for the development is S-D/ R-O, C-2, and C-RE. Proposed land uses include an 18-hole golf course, driving and putting range, club house with restaurant, visitor's center, motel and an RV storage area, and WHEREAS, the developer's representative has indicated in a letter dated March 13, 1996, that an Extension of Time is being requested based on the following: "...major activity has taken place towards furthering the development of this property. ...this project is incapable of obtaining funding or moving forward without a commitment for water from Citizens Utilities...therefore, it will be incumbent upon either Mr. Sell or the purchaser to move forward quickly in the development of this property to insure future water availability. ...the seller has also been involved in negotiations with the Bureau of Land Management to clear title. ...Failure to extend the site (Preliminary) plan will affect the water rights to the property. Loss of these rights will result in a substantial decrease in the value of this property and a minimal return to the investors of A vanti (beneficiaries of the receivership of assets of this project)", and WHEREAS, the Preliminary Plan for this tract was approved by the Mohave County Board of Supervisors on April 15, 1991, per BOS Resolution No. 91-92. The first Extension of Time was granted on April 5, 1993, per BOS Resolution No. 93-77. The second extension was granted on May 2,1994, per BOS Resolution No. 94-135, The third extension was granted on June 5,1995, per BOS Resolution No. . ,- . PAGE 2 OF 3 BK 27~2 PG 15~ FEE~963061~ RESOLUTION NO. 96-179 Page 2 95-219. Subdivision Regulation Article 3.10-1 states: "Upon application to the Commission and prior to the expiration of the time limit, extensions in increments of one (I) year may be granted by the Board of Supervisors 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 early 1995 the engineer for the project and John Finn, the individual purchasing the property, met with staff and proposed changes to the approved Preliminary Plan. However, no revised submittal was received by Planning and Zoning for review. The developers of this project and their engineers and attorneys met again with staff in March, 1996, indicating that a revised submittal will be forwarded for Planning and Zoning review, following and pending the approval of this Extension of Time, and WHEREAS, this will be the fourth Extension of Time, and WHEREAS, the Mohave County Public Works Department has indicated that upon receipt of any additional submittals of this project for processing, the adequacy ofthe drainage and compatibility of this proposed subdivision with surrounding development will be reviewed, and has recommended that any required changes or modifications will be the responsibility of the developer, 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 proposal is consistent with the surrounding land uses. d. This request does not comply with the Extension of Time Policy. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on May 8, 1996, the Commission recommended APPROVAL of an Extension of Time for the Preliminary Plan subject to the following conditions: 1. Compliance with all conditions ofBOS Resolution Nos, 91-92, 93-77, 94-135 and 95-219. 2. Unless significant progress is made in the coming year toward the recordation of this project, Planning staff will recommend denial of any additional Extensions of Time for this Preliminary Plan. 3. This Extension of Time will be in effect until April 15, 1997. WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, May 19, 1996, and posted on May 17, 1996, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. . .' . PAGE 3 OF 3 BK 27~2 PG 155 FEE~963061~ RESOLUTION NO. 96-179 Page 3 NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, June 3,1996, APPROVED this Extension of Time as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHA VE OUNTY BOARD OF SUPERVISORS ATTEST: