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HomeMy WebLinkAbout97-218 c f1J~ \) . . MICROFlLMEU fNtJEXt1! 9737168 ~.K 2929 PG 453 OFFICIAL RECORDS OF MOHAVE COUNTY, r JOAN MC CALL, MOHAVE COUNTY RECORDEf 07/14/97 03:35P PAGE 1 OF 3 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 RESOLUTION NO. 97-218 A RESOLUTION SETTING FORTH AN EXTENSION OF TIME OF THE APPROVED PRELIMINARY SUBDIVISION PLAN FOR VISTA LAGUNA COUNTRY CLUB ESTATES, TRACT 3038, BEING A SUBDIVISION OF A PORTION OF SECTIONS 20 AND 21, TOWNSHIP 14 NORTH, RANGE 20 WEST, IN THE LAKE HA V ASU CITY AREA, MOHA VE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on July 7, 1997, a public hearing was conducted to determine whether approval should be granted for an Extension of Time as requested by Lawrence E. Wilk, Esq., Jaburg and Wilk, Attorneys at Law, on behalf of James C. Sell, owner in receivership, for the above-described Preliminary Subdivision Plan. The engineer of record is Southwest Civil Engineering, Inc., of Lake Havasu City, Arizona, and WHEREAS, the subdivision is located northwest of Lake Havasu City and west of London Bridge Road. The Preliminary Plan depicts approximately 290 acres subdivided into seven parcels, including 297 single-family lots, 895 multiple-family dwelling units, and one commercial parcel. The proposed zoning for the development is S-DIR-O, C-2, and C-RE. Proposed land uses include an 18-hole golf course, driving and putting range, a club house with restaurant, visitors' center, motel, and an RV storage area, and WHEREAS, the owner's attorney has indicated in a letter dated April 7, 1997, that an Extension of Time is being requested in order to provide additional time to market the approved plan to another developer and in order to maintain any water service agreements the owner may have with the local water utility, and WHEREAS, the Preliminary Plan for this tract was approved by the Mohave County Board of Supervisors on April 15, 1991, per BOS Resolution No. 91-92. The first Extension of Time was granted on April 5, 1993, per BOS Resolution No. 93-77. The second extension was granted on May 2, 1994, per BOS Resolution No. 94-135. The third extension was granted on June 5, 1995, per BOS Resolution No. 95-219. The fourth extension was granted on June 3, 1996, per BOS Resolution No. 96-179. 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 . . PAGE 2 OF 3 BK 2929 PG 45. FEE~9737168 RESOLUTION NO. 97-218 Page 2 WHEREAS, in early 1995 the engineer for the project and John Finn, the individual purchasing the property, met with staff and proposed changes to the approved Preliminary Plan. However, no revised submittal was received by Planning and Zoning for review. The developers of this project, their engineers, and their attorneys met again with staff in March 1996, indicating that a revised submittal would be forwarded for Planning and Zoning review following and pending the approval of this Extension of Time. No submittal was received. The sale of the property to the intended prospective developer failed to materialize. In December 1996 and January 1997, agents for the new prospective buyers and their engineer met with staff to discuss recent developments. Significant changes to the design of the subdivision were proposed by the developers, requiring the submittal of a new Sketch Plan for the project, to be known tentatively as Laguna Dunes. While there has been much discussion between various agents of this project and staff as to the pending proposal, nothing has been submitted for formal review, and WHEREAS, the Mohave County Public Works Department has indicated that upon receipt of any additional submittals of this project for processing, the adequacy ofthe 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 fifth 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 this project; and 2. No improvement plans have been submitted for this project and the developer has not demonstrated that any required improvements have ever been completed. c. One term of approval for last year's Extension of Time of this proj ect was that unless significant progress was made in the coming year toward the recordation of this project, Planning staff would recommend denial of any additional Extensions of Time for the Preliminary Plan. The Planning and Zoning Commission and the Board of Supervisors approved this as a condition of the last extension. This term has not been met, though the prospective developers and agents have been in contact \\1th Mohave County, demonstrating some intent to develop this land as a subdivision, whether in the currently approved form or that of a pending proposal. WHEREAS, at the public hearing before the Mohave County Planuing and Zoning Commission on June II, 1997, the Commission recommended APPROVAL of an Extension of Time for the Preliminary Plan subject to the following conditions: 1. Compliance with all conditions ofBOS Resolution Nos. 91-92, 93-77, 94-135, 95-219, and 96-179. RESOLUTION NO. 97-218 Page 3 . . . PAGE 3 OF 3 BK 2929 PG 455 FEE~9737168 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, and will recommend the rescission of the project. 3. This Extension of Time will be in effect until April 15, 1998. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, June 21,1997, and posted on June 20, 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, July 7,1997, APPROVED this Extension of Time as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHA VE COUNTY BOARD OF SUPERVISORS (1~../dln~ Carol S. Anderson, Chairman