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HomeMy WebLinkAbout97-330 ~VD . . M1CROFlLMEIJ l. ~ -., fNDEXEU 9748039 BK 2956 PG 2+1 OFFICIAL RECORDS OF MOHAVE COUNTY, A JOAN MC CALL, MOHAVE COUNTY RECORDE" 09/08/97 08:51A PAGE 1 OF 4 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 RESOLUTION NO. 97-330 A RESOLUTION SETTING FORTH A DENIAL OF THE REQUEST FOR AN EXTENSION OF TIME FOR THE COMPLETION OF IMPROVEMENTS IN LAKE JUNIPER, TRACT 3021-A, AND SETTING FORTH A FORFEITURE BY THE DEVELOPER OF THE ASSURANCES POSTED FOR THE COMPLETION OF IMPROVEMENTS IN LAKE JUNIPER, TRACT 3021-A, BEING A SUBDIVISION OF A PORTION OF SECTIONS 11 AND 14, TOWNSHIP 22 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 September 2, 1997, a public hearing was conducted to determine whether an Extension of Time should be granted as requested by developer Richard Neal of Kingman, Arizona, to complete the required improvements within the described subdivision, and WHEREAS, the subdivision is located approximately one and one-half miles north of the City of Kingman. As platted, the subdivision is accessed via Stockton Hill Road, then west along Anchor Drive to the site, and WHEREAS, the Final Plat for Lake Juniper, Tract 3021-A, was recorded October 31, 1990. The recorded portion of the subdivision includes 55.81 acres subdivided into 73 single-family residential lots, with minimum lot sizes approximately one-half acre and greater, and WHEREAS, the developer has indicated in a letter dated February 7, 1997, that an Extension of Time is being requested to allow for the completion ofthe improvements within Lake Juniper, Tract 3021-A, and WHEREAS, the new record legal ovmer, First American Title Insurance Agency of Mohave, Inc., has never requested any extension for the improvements to be completed, and WHEREAS, the Preliminary Plan for Lake Juniper, Tract 3021, was conditionally approved by the Board of Supervisors on June 5, 1989, per P&ZC Resolution No. 89-71. The Final Plat for Tract 302 I-A was approved on September 17, 1990, per BOS Resolution No. 90-253. The time approved for the completion of improvements under BOS Resolution No. 90-253 was one year, and RESOLUTION NO. 97-330 Page 2 .~ ",' . . PAGE 2 OF + BK 2956 PG 2+2 FEE~9748039 WHEREAS, a first Extension of Time for the Preliminary Plan (and for the completion of the improvements within the recorded phase) was approved on January 6, 1992, per BOS Resolution No. 96-61. A second extension was approved on November 2, 1992, per BOS Resolution No. 92-361. A third extension was approved on November 1,1993, per BOS Resolution No. 93-332. A fourth extension was approved on November 3, 1994, per BOS Resolution No. 94-385. A fifth extension was approved on February 5, 1996, per BOS Resolution No. 96-61. A sixth extension (for one six-month period) was approved on December 2, 1996, per BOS Resolution No. 96-432, and WHEREAS, the required improvements within Phase A have not been completed. Subdivision Regulations 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, on December 2, 1996, the Mohave County Board of Supervisors denied the developer's request for a sixth Extension of Time of the Preliminary Plan for Lake Juniper, Tract 3021, per BOS Resolution No, 96-431. The denial of that Extension of Time terminated the unrecorded portion of the subdivision, and WHEREAS, Planning staff has received a number of phone calls and letters from members of the public who may have an ownership interest in some of the lots in Lake Juniper, Tract 302l-A The inquiries have related to the non-completion of the improvements within that subdivision, and WHEREAS, at Planning and Zoning Commission meetings in which public comment was allowed, objections were expressed by citizens representing themselves as lot owners in this subdivision, or agents for owners thereof, that the required improvements had not been completed in this subdivision by the developer, and WHEREAS, four homes have been constructed within Phase A of this development, lacking the subdivision improvements represented by the developer in his public repol1 to the Arizona Department of Real Estate, and as required by the resolutions which conditionally approved this subdivision, and WHEREAS, there do not appear to be electric or phone lines to many of the lots. Roadways are not paved, although some roadway rights-of-way and centerlines have been marked with construction stakes and flags. Some water lines may have been run to and near the existing homes. No As-Built Improvement Plans have been submitted by the developer with this request that would confirm the construction of any of these improvements, and WHEREAS, the developer has blocked access to the subdivision from the Stockton Hill Road/Anchor Drive entrance, and RESOLUTION NO. 97-330 Page 3 .., . . . PAGE 3 OF + BK 2956 PG 243 FEE~9748039 WHEREAS, the Director of Planning and Zoning required from the developer that the status of the improvements within Tract 302l-A be submitted in conjunction with this request. This item was continued for three successive months by staff in order to further research the status of the improvements. The continuations also allowed the developer additional time to do the same and to submit the required documentation. The developer was not restricted from completing improvements during the months of continuance of this item, and WHEREAS, if the developer's request for extension had been approved this would have been the seventh Extension of Time for the completion of improvements within Lake Juniper, Tract 3021-A, and WHEREAS, letters have been received by Mohave County from the project engineer, John Proffit, PE, ofMohave Engineering Associates, Inc., in which the engineer confirms that the required improvements have not been completed by the developer in this subdivision, and asserts that essentially no improvements have been completed since 1993. The engineer also held a phone conversation with the Planning Director in which the engineer amended his written conclusion, adding construction staking/flagging of roadway rights-of-way that had been completed during the previous year, and WHEREAS, as a part of that recommended denial and the recommended calling due and calling in of the assurances for this subdivision, the following are Findings of Fact for the above-captioned item: a. All notices have been advertised and posted according to regulations. b. The Arizona Department of Real Estate has suspended, with the concurrence of the developer, the approval to sell lots within Lake Juniper, Tract 3021, contrary to condition number 3 ofBOS Resolution No. 96-61. c. The improvements in this subdivision have not been completed by the developer as required by the Board of Supervisors resolutions, and as represented by the developer in the public report filed with the Arizona Department of Real Estate. WHEREAS. at the public hearing belore the Mohave County Planning and Zoning Commission on June 11, 1997, the Commission held an executive session with legal counsel from the Mohave County Attorney's Office regarding the options available to the Commission for this Extension of Time item. At that meeting the Commission offered a performance contract to Mr. Richard Neal, the developer of this project, as prepared by the County Attorney's Office. The developer was given the option of signing the contract prior to the following Commission meeting of July 9, 1997, or face a possible denial of his request for an Extension of Time in which to complete the necessary improvements in this subdivision, and WHEREAS, the developer had not, at the time of the public hearing Commission meeting held on July 9, 1997, signed the contract offered to him by the Commission. The Commission continued this item until their special joint meeting with the Board of Supervisors, held on July 16, 1997. At the public hearing joint meeting of July 16, 1997, no mutually agreeable solution could be derived between the Commission and the developer so as to permit a recommendation for extending the assurances, resulting in the Commission continuing this matter to the regular Commission meeting of August 13, 1997, and .,. . 'iii'. . . RESOLUTION NO. 97-330 PAGE + OF. BK 2956 PG 2.. FEE~97+8039 Page 4 WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on August 13. 1997, the Commission unanimously recommended DENIAL of an Extension of Time for the completion of improvements in Lake Juniper subdivision, and further recommended that the assurances posted by the developer for this subdivision for the completion of improvements be called due and called in by Mohave County on behalf of the public for the completion of those improvements, and WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, August 16, 1997, and posted on August 15, 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 Tuesday, September 2,1997, DENIED this request for an Extension of Time for the completion of improvements within Lake Juniper subdivision as recommended by the Mohave County Planning and Zoning Commission and outlined herein. NOW THEREFORE BE IT FURTHER RESOLVED, that the Board of Supervisors, at their regular meeting on Tuesday, September 2, 1997, called due and called in the assurances posted by the developer for the completion of improvements in Lake Juniper subdivision, on behalf of the public as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHA VE COUNTY BOARD OF SUPERVISORS ATTEST: ,.\\\\\\r,~:::;'J:;}jjtll.'r.. ,'. {I.>;" r. n V ISO ljl/lql;. /y..... ':0'< \-- ------.6<:/ S ~ ~"$." ....~~~ .;:~.. , ",..70~ ;,,-'; -'~_.' ~ i:? ~ ~ -~?' ~ t.c~ri';<cI~~,) aO ...LJj'-~~...'/' ;-, ~CP .....r~, . '::; "- ~ '- ~ ~ ~* Cij,,; C ~ """._-' '%;. ,;:'"- ,"",'. "/// '-1 r" ",..;-,' ....,. /I/j",.:$~ >-' "_, ""/ .Ill/limn I:~;~~"\l~-"'<' cj~~---L a~A-4-7L~ Carol S. Anderson, Chairman '.