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HomeMy WebLinkAbout97-066 flImrXrn 9712783 ~.K 2869 PG 271 OFFICIAL RECORDS OF MOHAVE COUNTY, i JOAN MC CALL, MOHAVE COUNTY RECORDEf 03/13/97 02:04P PAGE 1 OF 4 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 MICROFILMED ''^' : ~'0 'J . . RESOLUTION NO. 97-66 A RESOLUTION SETTING FORTH AN EXTENSION OF TIME OF THE APPROVED PRELIMINARY SUBDIVISION PLAN FOR AZTEC VILLAS, TRACT 4065, BEING A SUBDIVISION OF A PORTION OF THE EYz OF THE SEv.. OF THE NWv.. OF SECTION 23, TOWNSHIP 19 NORTH, RANGE 22 WEST, IN THE SOUTH MOHA VE VALLEY AREA, MOHA VE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on March 10, 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 of Burton Engineering, Inc., Bullhead City, Arizona, for the above described Preliminary Subdivision Plan and to determine the possible rescission of this development. The developer is John K. Hoover of the Counsel Corporation, Orange, California, and WHEREAS, the subdivision is located approximately one and one-quarter miles south of Bullhead City. The site is accessed via State Highway 95, then east to the southwest corner of Calle del Media and Camino Colorado, and WHEREAS, the Preliminary Plan depicts 19.64 acres subdivided into 67 single-family residential lots, ranging in size from 8,000 to 17,000 square feet, and one open space parcel which is proposed for resubdivision "at such time as community sewer is available", and WHEREAS, the representative for the engineer has indicated in a letter dated December 26, 1996, that an Extension of Time is being requested based on the following: "Due to difficulties in obtaining right- of-way on Calle del Media and lack of availability of sewer for this project, the owner decided to do the project in Phases. A Phasing Plan was submitted to the County on June 20, 1994. A Final Plat for Phase A was also submitted and reviewed by Mohave County Planning and Zoning staff, as well as other County agencies. We have been working with staff on the resolution of comments from the Public Works Department. ...We have been working on the feasibility of doing Phase I on sewer, as well as trying to work out the drainage challenge. ...In working out the Drainage concerns, it has been found that the currently approved Phasing Plan is not the most practical order. Currently, we are preparing a Revised Phasing Plan for submittal to the Planning and Zoning Department and intend to produce all phases on sewer; however, additional time is required to produce the new Phase' A' Final Plat and Improvement Plans", and WHEREAS, a request for an Extension of Time dated February 8, 1996, was received which stated in part: "We are currently working on the feasibility of doing Phase Ion sewer, as well as trying to work out the drainage challenge." A request for an Extension of Time dated June 7,1995, stated in part: "We are currently working on the resolution of comments from the Public Works Department", and RESOLUTION NO. 97-66 PAGE 2 OF 4 BK 2869 PG 272 FEEt9712783 Page 2 . . WHEREAS, a letter from the Arizona Department of Environmental Quality dated March 25,1994 states that regarding the method of sewage disposal for Aztec Villas: "...The Fort Mohave Tribal Utilities Authority has extended sewer collection lines that are in close proximity to this proposed subdivision" and "The most sensible method of wastewater disposal would be sewer collection and treatment by the FMTUA." The Fort Mojave Tribal Utility Authority has since further extended sewer lines to neighboring Mesa Villas, Tract 4146. Sewer lines are also already in place in Courtney Park East, Tract 4l47-A, and are to be extended into the remaining phases of Tract 4147. Portions of these subdivisions are within 1,320 feet (one-quarter mile) of Aztec Villas, Tract 4065. Subdivision Regulation Article 4.7-1 states "In subdivisions containing lots less than 20,000 square feet, sewerage facilities shall be required where suitable sanitary sewers are available within 1,320 feet of the subdivision and will be installed according to the Department of Engineering Standard Specifications and Details or approved alternates. The plans shall also be approved by both the Mohave County and Arizona State Health Departments." WHEREAS, the original Preliminary Plan for this tract was approved by the Mohave County Board of Supervisors on April 4, 1988, per P&ZC Resolution No. 88-29. The rezoning of the subdivision was approved on the same date per P&ZC Resolution No. 88-30. The fIrst Extension of Time for the original Preliminary Plan was approved on July I, 1991, per BOS Resolution No. 91-183. This resolution allowed for a two-year extension, as the original approval had expired on April 4, 1990, and the developer had not submitted a request upon the expiration for an Extension of Time. A revised Preliminary Plan was required by BOS Resolution No. 91-183. The revised Preliminary Plan was approved by the Board on March 9, 1992, per BOS Resolution No. 92-66. One condition of this approval required that the developer comply with all conditions of the original Preliminary Plan, per P&ZC Resolution No. 88-29. The rezoning of this subdivision (per P&ZC Resolution No. 88-30) was amended on April 6, 1992, per BOS Resolution No. 92- 103. The Final Plat for Phase A of this subdivision was approved on July 6,1992, per BOS Resolution No. 92-245. The first Extension of Time for the revised Preliminary Plan was approved on June 6, 1994, per BOS Resolution No. 94-167. A Zoning Use Permit was approved on December 5,1994, for a model home and sales office on proposed Lot I, Block 2 of the subdivision, per BOS Resolution No. 94-421. The ZUP has not become effective since the subdivision has not been recorded. A legal description error shown on the plats submitted was inadvertently carried over by staff into the description used in some resolutions of approval. As a result, BOS Resolution No. 92-66 was amended by BOS Resolution No. 95-401 on October 2,1995, and BOS Resolution No. 94-167 was amended by BOS Resolution No. 95-402 on the same date. The second extension of the revised Preliminary Plan was approved at the same meeting per BOS Resolution No. 95-403. The third extension was approved on May 6, 1996, per BOS Resolution No. 96-144. 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 for Phase A was submitted in October, 1994. A review letter dated November 2, 1994, was sent to the project engineer and the developer. The engineer followed up on this review by submitting a response dated November 14, 1994. The engineer's response did not resolve the issues of the review, and no new submittals have been received in over two years, and . . RESOLUTION NO. 97-66 PAGE 3 OF 4 BK 2869 PG 273 FEE~9712783 Page 3 WHEREAS, the developer was informed in November, 1994, that this subdivision would not be further processed nntil the delinquent property taxes for this land were cleared up with the Treasurer's Office. The Mohave County Treasurer's Office has confirmed that the property taxes for this land are delinquent for the second half of 1995 and the first half of 1996. The land is scheduled for tax lien sale in February, 1997, and WHEREAS, staff originally recommended the denial of this request for an Extension of Time and further recommended that the previous approvals for the project be rescinded in the same action, due to a lack of processing activity, the lack of compliance with the Extension of Time Policy, and due to recent proposals by the developer to significantly increase the number oflots in the subdivision, and WHEREAS, at the Planning and Zoning Commission meeting on February 12, 1997, the representative for the engineer stated that a revised Preliminary Plan proposal was forthcoming, including an increase in the residential density, and WHEREAS, this will be the fourth 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 due to the following: 1) No Final Plat has been actively processed in more than two years; 2) No improvement plans have been approved within the past 12 months. e. According to the Mohave County Treasurer's Office property taxes are delinquent on this land. The review letter dated November 2, 1994 stated that no further processing of the subdivision would occur until the tax delinquency (a problem then, as it is now) had been cleared with the Mohave County Treasurer. f. In their review of the Final Plat for Phase A of this development dated December 5, 1994, the Public Works Department stated "The Engineer's response letter dated November 14, 1994, does not adequately address our drainage concerns voiced in the Public Works review letter of October 26, 1994. We believe these concerns still need to be addressed by the Engineer of Record. Until the drainage concerns are resolved for this phase, we recommend that further processing of this development be placed on hold." WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on February 12, 1997, the Commission recommended APPROVAL of an Extension of Time for the Preliminary Plan subject to the following conditions: PAGE. OF . BK 2869 PG 274 FEE~9712783 . . RESOLUTION NO. 97-66 Page 4 1. Compliance with all conditions of P&ZC Resolution Nos. 88-29 and 88-30, and BOS Resolution Nos. 92-66, 92-103, 92-245, 94-167, 95-403, and 96-144. 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. The Commissioners stated that this fourth Extension of Time was being approved with the understanding that no additional extensions would be recommended for approval by the Planning and Zoning Commission for this Preliminary Plan. 3. This Extension of Time will be in effect until March 9,1998. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, February 22,1997, and posted on February 21, 1997, 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, March 10,1997, APPROVED this Extension of Time as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHA VE COUNTY BOARD OF SUPERVISORS ~~a~ Carol S. Anderson, Chairman