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HomeMy WebLinkAbout97-264 ~~ 'O\J MICROflLMW ~ <- . . INDEXED 9741964 BK2941PG569 OFFICIAL RECORDS OF MDHAVE COUNTY, JOAN MC CALL, MOHAVE COUNTY RECORDE' 08/06/97 03:52P PAGE 1 OF 3 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE D.OO .......: RESOLUTION NO. 97-264 A RESOLUTION SETTING FORTH AN EXTENSION OF TIME OF THE APPROVED PRELIMINARY SUBDIVISION PLAN FOR FAIRWAY ESTATES, TRACT 4097, BEING A SUBDIVISION OF A PORTION OF SECTION 35, TOWNSHIP 19 NORTH, RANGE 22 WEST, IN THE SOUTH MOHA VE V ALLEY AREA, MOHA VE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on August 4, 1997, a public hearing was conducted to determine whether approval should be granted for an Extension of Time as requested by Glen 1. Ludwig of Ludwig Engineering, San Bernardino, California, for the above- described Preliminary Subdivision Plan. Mr. Ludwig is an owner of the subdivision and owner of the engineering firm working on this project, and WHEREAS, the subdivision is located approximately three miles south of Bullhead City and is accessed via State Highway 95, then east three-quarter mile along Joy Lane and south to the site, and WHEREAS, the Preliminary Plan depicts 65 acres subdivided into 278 single-family residential lots and a parcel for multi-family residential use, and WHEREAS, the owner has indicated in a letter dated April 30, 1997, that an Extension of Time is being requested based in part on the following: "We have recorded and constructed all the improvements on Tract 4148A and Band 4097A and B and have constructed 100 homes on the lots in the recorded phases," and "We expected to have been sold out by now but with the market being slow, our plans have been delayed, but not changed. We will build out the development and record the tracts as needed. Since we are selling homes and not vacant lots, it is taking longer to record the tracts than it would take with a lot sale program.", and WHEREAS, the Preliminary Plan for this tract was approved by the Mohave County Board of Supervisors on February 5, 1990, per BOS Resolution No. 90-35. The first Extension of Time for the approval of the Preliminary Plan was granted on February 3, 1992, per BOS Resolution No. 92-32. The second extension was granted on October 4, 1993, per BOS Resolution No. 93-275. The third extension was approved on April 4, 1994, per BOS Resolution No. 94-94. The fourth extension was approved on March 10, 1995, per BaS Resolution No. 95-83. The fifth extension was approved on April 1, 1996, per BOS Resolution No. 96-110. 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 2941 PG 570 FEE~9741964 RESOLUTION NO. 97-264 Page 2 WHEREAS, the first phase of this subdivision, Tract 4097-A, was recorded on December 18, 1990. Tract 4097-B was recorded on August 28,1991. The Final Plat for Phase C was approved on June 15, 1992 per BOS Resolution No. 92-218. The Final Plat for Phase D was approved per BOS Resolution No. 92-219. The Final Plat for Phase E was approved per BOS Resolution No. 92-220. Other than Extensions of Time there has been no file activity in almost five years, 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. The last phase of this project to be recorded was recorded almost five years ago; 2. The developer has submitted no As-Built improvement plans to demonstrate that improvements are under construction for the unrecorded phases of the subdivision. c. The previously recorded two phases of this subdivision are located at opposite ends of the subdivision and are divided by pending Phases C, D and E. The developer has apparently completed a significant percentage of the improvements required of the unrecorded phases; however, neither the developer nor the project engineer have in years submitted As-Built Improvement Plans that would allow the county to confirm the extent of these improvements. No As-Built plans were received \vith this request. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on July 9, 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. 90-35, 92-32, 92-218, 92-219, 92- 220,93-275,94-94,95-83, and 96-110. 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 February 5, 1998. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, July 19, 1997, and posted on July 18, 1997, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. RESOLUTION NO. 97.264 Page 3 . . PAGE 3 OF 3 BK 2941 PG 571 FEE~9741964 NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, August 4, 1997, APPROVED this Extension of Time as recommended by the Mohave County Planning and Zoning Commission and outlined herein. 1I'1I1J!.'l""" ,,\\11 \"..,.."....,..... ,~'i" oV"'" "'-,"" ~\' t..D. ~u/:,~.~,.:~.:>,_ ^,--,., -. MOHA VE COUNTY BOARD OF SUPERVISORS , '-:-". T, .;,,/ ,...~~. ~.-/ fi--Mda~~~ Carol S. Anderson, Chairman