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Home My WebLink About97-170 MlCROFll.MID L ' ~~ ~ . . fl\IDEXE!!I 9730358 BK 2912 PG 500 OFFICIAL RECOROS OF MOHAVE COUNTY, ' JOAN MC CALL, MOHAVE COUNTY RECORDE! 06/09/97 02'45P PAGE 1 OF 3 MOHAVE COUNTY BOARO OF SUPERVISORS RECORDING FEE 0.00 RESOLUTION NO. 97-170 A RESOLUTION SETTING FORTH AN EXTENSION OF TIME OF THE APPROVED PRELIMINARY SUBDIVISION PLAN FOR PALM ESTATES II, TRACT 4104, AND AN EXTENSION OF TIME FOR THE ABANDONMENT OF ROADWAYS AND EASEMENTS AND THE ABANDONMENT-REVERSION TO ACREAGE OF PORTIONS OF RIO HACIENDA, TRACT 1224, BEING A SUBDIVISION OF A PORTION OF SECTION 14, 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 June 2, 1997, a public hearing was conducted to determine whether approval should be granted for an Extension of Time as requested by Don Matuzak ofM&L Properties, Bullhead City, Arizona, for the above-described Preliminary Subdivision Plan, and for the accompanying abandonment/reversion to acreage of Rio Hacienda, Tract 1224. M&L Properties is the owner of Phase B of Tract 4104. The engineer of record is Burton Engineering, Inc., of Bullhead City, Arizona, and WHEREAS, the subdivision is located less than one mile south of Bullhead City, east of State Highway 95, and northeast of the comer of Camp Mohave Road and Calle Del Media, and WHEREAS, the Preliminary Plan depicts 27 acres subdivided into 82 single-family lots, and WHEREAS, the developer of the project has indicated in a letter dated March 15, 1997, that an Extension of Time is being requested based on the following: "MIL Properties would have completed the Final subdivision process if it had not been for the untimely death of Mr. Bill Burright of Burright Construction. Additionally, the Mohave Valley School District purchased the land next door [north] requiring MIL Properties to hire Burton Engineering to redraw a Final Plan for submittal to the County." The "redrawing" referenced by the developer was apparently a correction to the improvement plans for the water lines to the project, as the emergence of the school next to the subdivision has rendered the existing lines running along the north boundary of the subdivision too small to accommodate both the subdivision and the school. Despite recent developments, no Final Plat or improvement plans have ever been submitted for Phase B of this subdivision, and WHEREAS, the Preliminary Plan for this tract was approved by the Mohave County Board of Supervisors on April 2, 1990, per BOS Resolution No. 90-80. Board of Supervisors Resolution Nos. 90- 312 and 90-313, approved on November 5, 1990, provided for the conditional abandonment of roadways and easements and the abandonment/reversion to acreage of the lots within the portions of Rio Hacienda, , '. . . RESOLUTION NO. 97-170 PAGE 2 OF 3 BK 2912 PG 501 FEE;9730358 Page 2 Tract 1224, planned for subdivision as Palm Estates II, Tract 4104. The condition of approval for each resolution was that Tract 4104 be recorded within one year, or the portions of Rio Hacienda proposed for abandonment' would revert to their previous condition. The first Extension of Time of the conditional abandonments was approved by the Board of Supervisors on November 4, 1991, per BOS Resolution No. 91-292, with the Extension of Time expiring April 2, 1992, to coincide with the expiration of the Preliminary Plan of Tract 4104. The first Extension of Time of the approved Preliminary Plan was combined with the second Extension of Time for the accompanying abandonment resolutions, per BOS Resolution No. 92-108, expiring April 2, 1993. All subsequent Extensions of Time combined the approval of both the Preliminary Plan and the abandonment of portions Rio Hacienda, Tract 1224. The second extension was granted on April 5, 1993, per BOS Resolution No. 93-83. The third extension was approved on May 2,1994, per BOS Resolution No. 94-133. The fourth extension was approved on April 3, 1995, per BOS Resolution No. 95-129. The fifth extension was approved on May 6,1996, per BOS Resolution No. 96-146. 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, the first phase of this subdivision, Tract 4104-A, was recorded on June 11, 1993. At that time the Mohave County Assessor's Office recognized the abandonment of the roadways and easements, and the reversion to acreage of the lots within the portion of Rio Hacienda, Tract 1224, to be subdivided as Tract 41 04. If the approved Preliminary Plan for Tract 41 04 was allowed to expire, the second phase of Palm Estates II, Tract 4104-B, would not be processed or recorded, resulting in a parcel of approximately 5.98 acres of unsubdivided land west of and adjacent to Tract 4104-A, and WHEREAS, the Mohave County Public Works Department has indicated that upon receipt of any additional submittals of this project for processing, the adequacy of the drainage and compatibility of this proposed subdivision with surrounding development will be reviewed. They have recommended that any required changes or modifications will be the responsibility of the developer, 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. This request does not comply with the Extension of Time Policy due to the following: (I) No Final Plat has ever been submitted for Phase B of this project; (2) a phase of this subdivision has not been recorded in the two years prior to the expiration of the current Extension of Time; and (3) no improvement plans have been submitted for Phase B of this project and the developer has not demonstrated that any required improvements have ever been completed. A sixth Extension of Time for an inactive subdivision normally does not warrant a recommendation of approval. The developer has demonstrated that circumstances beyond his control may have affected the processing of this project. All notices have been advertised and posted according to regulations. ... . . RESOLUTION NO. 97-170 PAGE 3 OF 3 BK 2912 PG 502 FEE~9730358 Page 3 WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on May 14, 1997, the Commission recommended APPROVAL of an Extension of Time for the Preliminary Plan and for the corresponding abandonments and reversion to acreage subject to the following conditions: 1. Compliance with all conditions of BaS Resolution Nos. 90-80, 90-312, 90-313, 91-292, 92-108,93-83,94-133,95-129, and 96-146. 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. These Extensions of Time will be in effect until April2, 1998. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, May 17, 1997, and posted on May 16, 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, June 2, 1997, APPROVED this Extension of Time as recommended by the Mohave County Planning and Zoning Commission and outlined herein. A.~IlIl\l\llIUIl1t//fff/f1. #\\)~~I'l"S~!~%. ~L, r,,_ -'-,r_,"'-, ,_~ :S=<:S",:~p;." -~" (/....'.;;,.-; It:::) '<r""~~:~Ir~?E~.' ~}::~~ == 0:: ~ - "-0.""'. ': 'ct '" -.? ~~ t" __..,' i: ~-:'- I" /t~'-~::_/.z <~.T';_~_': ~~ }l't.!<{h~stain,'CI~'2:~N ~ >y;....!-11.. E.', - <.'" 2:; ~ ~, ~,--~_..,,-"~.:}. ~ :%. ^.~ DI'" !)",,~ -~-. .~"'.. ~~~;",>"":,~,.,~,_';',",,,';"'-".',.'.,',,',..':',',i-,--,", ,.,.... ','; ,~,-.:--~' -:.~:~~~f~~ ", .... :'''-~...-,~~\\>. MORAVE COUNTY BOARD OF SUPERVISORS d~ d OJ4?r'//~ Carol S. Anderson, Chairman