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HomeMy WebLinkAbout96-432 .~ '}j . .. '~ MlCROFlIMEU . ,lIlm,Jl:l:.U 9668270 BK 2830 PG ~/t9 OFFICIAL RECORDS OF MOHAVE COUNTY, A JOAN tiC CALL, MOHAVE COUNTY RECORDEr 12/12/96 IO'l4A PAGE I OF 3 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 RESOLUTION NO. 96-432 A RESOLUTION SETTING FORTH AN EXTENSION OF TIME FOR THE COMPLETION OF IMPROVEMENTS FOR LAKE JUNIPER, TRACT 3021-A, BEING A SUBDIVISION OF A PORTION OF SECTIONS 11 AND 14, TOWNSHIP 22 NORTH, RANGE 17 WEST, IN THE KINGMAN AREA, MOHA VE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on December 2, 1996, a public hearing was conducted to determine whether an Extension of Time should be granted as requested by owner Richard Neal of Kingman, Arizona, to complete the required improvements within the described subdivision, and WHEREAS, the subdivision is located approximately one and one-half miles north of the City of Kingman. The site is accessed via Stockton Hill Road, then west along Anchor Drive to the site, and WHEREAS, the Final Plat for Lake Juniper, Tract 3021-A, was recorded October 31,1990. The subdivision includes 55.81 acres subdivided into 73 single-family residential lots, with minimum lot sizes approximately one-half acre and greater, and WHEREAS, the owner has indicated in a letter dated October 3, 1996, that "a twelve month extension" of time is being requested to allow for the completion of the improvements within the first phase of the development. The letter also states "The roads are in the process of being paved", and WHEREAS, the Preliminary Plan for Lake Juniper, Tract 3021, was conditionally approved by the Board of Supervisors on June 5,1989, per P&ZC Resolution No. 89-71. The Final Plat for Tract 302l-A was approved on September 17, 1990, per BOS Resolution No. 90-253. The first Extension of Time for the Preliminary Plan (and for the completion of the improvements within the recorded phase) was approved on January 6, 1992, per BOS Resolution No. 96-61. The second extension was approved on November 2, 1992, per BOS Resolution No. 92-361. The third extension was approved on November 1, 1993, per BOS Resolution No. 93-332. The fourth extension was approved on November 3, 1994, per BOS Resolution No. 94-385. The fifth extension was approved on February 5, 1996, per BOS Resolution No. 96-61. No Final Plat has been submitted for Phase B. The required improvements within Phase A have not been completed. 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 . . . , PAGE 2 OF 3 BK 2830 PG 550 FEE~9668270 RESOLUTION NO. 96-432 Page 2 WHEREAS, Planning and Zoning staff has received a number of phone calls and letters from members of the public who may have an ownership interest in some of the lots in the recorded first phase of the subdivision. The inquiries have related to the timing of the completion of the improvements within Phase A, and . WHEREAS, several homes have been constructed within Phase A of this development. There does not appear to be electric or phone lines to many of the lots. Roadways are not paved; however, some roadway rights-of-way and centerlines have been marked with construction stakes and flags. Some water lines may have been run to and near the existing homes. No documentation was submitted by the developer with this request that would confirm the construction of any of these improvements, and WHEREAS, this will be the sixth Extension of Time of the Preliminary Plan and for the completion of improvements within the recorded phase of the subdivision, 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 for Preliminary Plans. e. The Arizona Department of Real Estate has suspended, with the concurrence of the developer, the approval to sell lots within Lake Juniper, Tract 3021, contrary to condition number 3 ofBOS Resolution No. 96-61. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on November 13, 1996, the Commission recommended APPROVAL of an Extension of Time for the completion of improvements within this subdivision, subject to the following conditions: I. Compliance with all conditions ofP&ZC Resolution Nos. 89-44,89-71, and BOS Resolution Nos. 90-253,92-19,92-361,93-332,94-385, and 96-61. 2. Unless significant progress is made by March 17, 1997, toward the recordation of the remaining phases of this project and toward the completion of all remaining required improvements within Phase A, Planning staff will recommend denial of any additional Extensions of Time for this Preliminary Plan. 3. The developer shall obtain a new approval from the Arizona Department of Real Estate to sell lots within this development, and shall provide evidence of this approval to the Mohave County Planning and Zoning Department. RESOLUTION NO. 96-432 Page 3 ~ . ~ . . PAGE 3 OF 3 BK 2830 PG 551 FEE~9668270 4. The owner/developer shall continue to keep Tax Assessor Parcel 330-09-042 (the land held as assurance for the completion of improvements within Lake Juniper, Tract 3021-A) and Parcel 330-10-076 (Parcel "J", the private roadway within Tract 3021-A) free ofliens and encumbrances per the Deed of Trust agreement with Mohave County. The owner/developer shall pay all current taxes and any back taxes on the above described parcels ofland, as they are held for assurances. 5. An approval by the Board of Supervisors for the Extension of Time of the Preliminary Plan of Tract 3021 is being processed separately and concurrently. 6. This Extension of Time will be in effect until March 17, 1997. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, November 16, 1996, and posted on November 15, 1996, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors at their regular meeting on Monday, December 2, 1996, APPROVED this Extension of Time as recommended by the Mohave County Planning and Zoning Commission and outlined herein, except that Condition No. 3 is deleted, remaining conditions renumbered accordingly and a new Condition No.6 is added to read: 6. The following improvements must be completed by March 17, 1997, to assure future extensions: a. Pave Anchor Drive to Island, and Island to South Shore to specification required in BOS Resolution No. 89-71; b. Electric service shall be extended to each lot where a residence exists; c. Telephone service consisting of a minimum of two lines shall be provided to each lot containing a residence. MOHA VE COUNTY BOARD OF SUPERVISORS ATTEST: 4~~~ Sam Standerfer, Chai an