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HomeMy WebLinkAbout96-431 ~ ~~ ~ ~. . . MlCRORIJ.lED '1f"OEX !:.tl 9668269 f.K 2830 PG 546 OFFICIAL RECORDS OF MOHAVE COUNTY, f JOAN MC CALL, MOHAVE COUNTY RECORDEf' 12/12/96 10'l4A PAGE 1 OF 3 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 RESOLUTION NO. 96-431 A RESOLUTION SETTING FORTH AN EXTENSION OF TIME OF THE APPROVED PRELIMINARY SUBDIVISION PLAN OF LAKE JUNIPER, TRACT 3021, 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 approval should be granted for an Extension of Time as requested by owner Richard Neal of Kingman, Arizona, for the described Preliminary Subdivision Plan, 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 Preliminary Plan depicts 180 acres subdivided into 197 single-family residential lots, ranging in size from 20,000 to 55,000 square feet, 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 3021-A was approved on September 17, 1990, per BOS Resolution No. 90-253. The Final Plat for Tract 3021-A was recorded on October 31,1990. The first Extension of Time for the Preliminary Plan 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 (1) 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 RESOLUTION NO. 96-431 Page 2 .... . . PAGE 2 OF 3 BK 2830 PG 5~7 FEE~9668269 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, 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 proposal is consistent with the surrounding land uses. d. This request does not comply with the Extension of Time Policy. 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 Preliminary Plan 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. 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 and back taxes on the above described parcels of land, as they are held for assurances. RESOLUTION NO. 96-431 Page 3 .. ..... . . PAGE 3 OF 3 BK 2830 PG 548 FEE~9668269 5. An approval by the Board of Supervisors for the Extension of Time of the completion of improvements within Tract 3021-A 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, and WHEREAS, residents in Phase A of Lake Juniper reported that after five years, much of the subdivision lacks electricity, water, paved streets and telephone; NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors at their regular meeting on Monday, December 2, 1996, DENIED this Extension of Time due to the lack of progress. MOHA VE COUNTY BOARD OF SUPERVISORS ATTEST: s~~4~