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Home My WebLink About98-108 *?~Ci?C ]L~D ~K ;~-66 F'G 6.7 OFFI(:tAL RE(:ORDS OF MOHAVE C~]UNTY~ AZ JOAN MC CALL~ MOHAVE COUNTY RECOROER. 04/08/~8 02:!1P PAGE ~ION~gE COUNTY BOAFD QF RECORDING FEE RESOLUTION NO. 98-108 A RESOLUTION SETTING FORTH AN EXTENSION OF TIME OF THE APPROVED PRELIMINARY SUBDIVISION PLAN OF MOON RIDGE, TRACT 4119, BEING A SUBDIVISION OF A PORTION OF SECTION 25, TOWNSHIP 19 NORTH, RANGE 22 WEST, IN THE SOUTH MOHAVE VALLEY AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on April 6, 1998, a public hearing was conducted to determine whether approval should be granted for an Extension of Time as requested by the developer, Joe Van Mouwerik, Redlands, California. The project engineer of record is Territorial Engineers, Inc., Bullhead City, Arizona, and WHEREAS, the subdivision is located approximately two and one-half miles south of Bullhead City. The property is accessed via State Highway 95, then east one and one-quarter miles along Hammer Lane and south to the site, and WHEREAS, the Preliminary Plan depicts 30 acres subdivided into 99 single-family residential lots, ranging in size from 8,800 to 15,925 square feet, and WItEREAS, the agent for the owner/developer has indicated in a letter dated January 5, 1998, that an Extension of Time is being requested due to an "absorption rate" for the lots in recorded Phase A that is "much slower than desired or anticipated." The agent further states that "The Final Plat for Phase II has been prepared. All improvement plans have been approved for construction. The financial assurances are all that remains to be submitted." No Final Plat has ever been submitted for the second phase of this subdivision. Improvement plans for the entire project were submitted in 1991. However, the Public Works Department has noted that only the plans for Phase A were reviewed and approved; the submitted cost estimate of improvements covered only Phase A; and the Final Plat for Phase A had been submitted for review. The developer must submit a Final Plat, improvement plans, proposed assurances, and all other supporting documents required by the Subdivision Regulations to process Phase B of this subdivision, and WHEREAS, the Preliminary Plan for this tract was approved by the Mohave County Board of Supervisors on January 7, 1991, per BOS Resolution No. 91~4. The Final Plat for Phase A was approved on February 18, 1992, per BOS Resolution No. 92-53. The first Extension of Time for the Preliminary Plan was approved on December 7, 1992, per BOS Resolution No. 92-384. The second extension was approved on September 6, 1994, per BOS Resolution No. 94-295. The third extension was approved on November 6, 1995, per BOS Resolution No. 95-447. The fourth extension was approved on March 10, 1997, per BOS Resolution No. 97-65. Subdivision Regulation Article 3.10-1 states: "Upon application to the Commission ¢~GE ? JIF ~: BI< ~=~ ?G 6:E~ F~'E~-2'i'?' RESOLUTION NO. 98-108 Page 2 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, the Final Plat for Phase A of this subdivision was recorded on April 30, 1993. All improvements within Phase A have been completed, 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 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: 1) No Final Plat has been submitted for review of Phase B of this subdivision; 2) A phase of this subdivision has not been recorded in the two years prior to the expiration of the current Extension of Time; 3) No improvement plans have been approved within the last 12 months, and the County has received no indication from the developer that improvements are under construction. c. One of the conditions of the previous Extension of Time stipulated that "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." In their recommendation of approval for the previous extension, the Planning m~d Zoning Commission advised staff to "underscore" in the resolution of that approval their concern over the lack of significant progress in the processing of this subdivision. d. The project engineer contends that there appears to be no changes to the development pattern of this area that would render this subdivision incompatible with surrounding projects. Staff agrees with this assertion; however, most of the immediately surrounding subdivisions, particularly those adjacent to the south, are themselves still only proposed, and have generally not processed much, if at all, in the past five years. e. This subdivision and those proposed adjacent developments which had previously depended upon ADEQ approval for the use of individual septic systems, may be obsolete if ADEQ makes a new determination that septic systems are no longer approved for this portion of South Mohave Valley. This determination is not likely to be forthcoming from ADEQ until and unless this and neighboring developments resume processing toward recordation, necessitating further ADEQ review of this issue in that area, and F'¢-IfiE 3 [)F $ [!,,K ,~ o6 ,% 65? F'EE~98020120 RESOLUTION NO. 98-108 Page 3 WHEREAS, staffrecommended denial of this request for an Extension of Time based on a lack of active plat processing, lack of completion of subdivision improvements, lack of compliance with the Extension of Time Policy, and due to the lack of significant progress toward the recordation of the subdivision as otherwise outlined in the findings of fact, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on March 11, 1998, the Comtnission recommended APPROVAL of an Extension of Time for the Preliminary Plan subject to the following: 1. Compliance with all conditions of BOS Resolution Nos. 91-4, 92-53, 92-384, 94-295, 95- 447 and 97-65. 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. If during the development of the remainder of this project it is determined that the use of septic systems within this subdivision is not acceptable to the Arizona Department of Environmental Quality or the Mohave County Environmental Health Division, the subdivision may have to be redesigned. Such redesign may require an amendment to the Preliminary Plan approval or the submittal of a new Preliminary Plan or Sketch Plan. 4. This Extension of Time will be in effect until Januar3' 7, 1999. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, March 21, 1998, and posted on March 20, 1998, 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, April 6, 1998, APPROVED this Extension of Time as recommended by the Mohave County Planning Commission and outlined herein. ~ MOHAVE COUNTY BOARD OF SUPERVISORS , '= Carol S. Anderson, Chainrlan