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9711'-;69 BK 2867 PG 383
OFFICIAL RECORDS OF MOHAVE COUNTY, f
JOAN MC CALL, MOHAVE COUNTY RECOROEf
03/10/97 03:34P PAGE 1 OF 3
MOHAVE COUNTY BOARD OF SUPERVISORS
RECORDING FEE 0.00
RESOLUTION NO. 97-44
A RESOLUTION SETTING FORTH AN EXTENSION OF TIME OF THE APPROVED
PRELIMINARY SUBDIVISION PLAN FOR WALNUT CREEK COMMERCIAL, TRACT 3022,
BEING A SUBDIVISION OF LOTS 1 AND 2, BLOCK 2 OF WALNUT CREEK ESTATES, UNIT
I, TRACT 3007, LOCATED IN SECTION 7, TOWNSHIP 20 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 February
3, 1997, a public hearing was conducted to determine whether approval should be granted for an Extension
of Time as requested by G. Kelly Grier, representative for Burton Engineering, Inc., the project engineer,
for the above described Preliminary Subdivision Plan. The owner is Walnut Creek Development of
Kingman, Arizona, and
WHEREAS, the subdivision is located approximately four miles southwest of the City of Kingman.
The site is accessed via Interstate 40, then southwest one mile from the McCounico Interchange, south of
and along Oatman Road, and
WHEREAS, the Preliminary Plan depicts 6.59 acres subdivided into six commercial lots, and
WHEREAS, the representative for the engineer has indicated in a letter dated December 3, 1996,
that an Extension of Time is being requested based on the following: "Delays in development have been
caused by shifting development priorities for Walnut Creek Estates Unit 3, and the Walnut Creek Water
Company line extension", and
WHEREAS, the Preliminary Plan was approved by the Mohave County Board of Supervisors on
August 9, 1989, per P&ZC Resolution No. 89-179. The first Extension of Time for the Preliminary Plan
was approved on October 5, 1992, per BOS Resolution No. 92-324. The second extension was approved
on February I, 1993, per BOS Resolution No. 93-48. The third extension was approved on January 3, 1994,
per BOS Resolution No. 94-22. The fourth extension was approved on February 6, 1995, per BOS
Resolution No. 95-50. The fifth extension was approved on January 2, 1996, per BOS Resolution No. 96-
29. 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
WHEREAS, a Final Plat was submitted in December, 1992. The Final Plat has not been considered
by the Board of Supervisors, and
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RESOLUTION NO. 97-44
PAGE 2 OF 3
BK 2867 PG 3B4 FEE~971196.9 2
Page
WHEREAS, the Public Works Department has stated that continued adherence to P&ZC Resolution
No. 89-179, which approved the Preliminary Plan, is required. They also stated "a revised Engineer's Cost
Estimate will need to be submitted reflecting current market construction costs", 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 a Suburban 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, staff originally recommended the denial of this request for a sixth Extension of Time,
based on a lack of subdivision activity and non-compliance with the Extension of Time Policy, and
WHEREAS, the representative for the project engineer addressed the Commissioners, stating that
progress toward the recordation and completion of this subdivision had been delayed by the action of the
City of Kingman. The city ceased providing water to certain parts of the greater Walnut Creek area in 1996
due to lack of a contractual agreement between the city and the developer for such service.
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on
January 8, 1997, the Commission recommended APPROVAL of an Extension of Time for the Preliminary
Plan subject to the following conditions:
I. Compliance with P&ZC Resolution No. 89-179, and BOS Resolution Nos. 92-324, 93-48,
94-22,95-50, and 96-29.
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. Any future submittal for processing of this subdivision must include a current revised
engineer's cost estimate.
4. This Extension of Time will be in effect until January 3, 1998.
WHEREAS, the notice of hearing was published in The Standard, a newspaper of general
circulation in Kingman, Mohave County, Arizona, January 18, 1997, and posted on January 17, 1997, as
required by Arizona Revised Statutes and the Mohave County Zoning Regulations.
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RESOLUTION NO. 97-44
Page 3
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors at their regular meeting
on Monday, February 3, 1997, APPROVED this Extension of Time as recommended by the Mohave County
Planning and Zoning Commission and outlined herein, subject to the followingn condition:
That the developer provide a report from the Arizona Department of Water Resources on the
adequacy of the water supply.
MOHA VE COUNTY BOARD OF SUPERVISORS
ATTEST:
{?~d~/(~
Carol S. Anderson, Chairman
PAGE 3 OF 3
BK 2867 PG 385 FEE~9711969