HomeMy WebLinkAbout98-162 RESOLUTION NO. 98-162
A RESOLUTION SETTING FORTH AN EXTENSION OF TIME OF THE APPROVED
PRELIMINARY SUBDIVISION PLAN OF BEAVER DAM RESORT, TRACT 3015, BEING A
SUBDIVISION OF A PORTION OF SECTIONS 4 AND 5, TOWNSHIP 40 NORTH, RANGE 15
WEST, IN THE ARIZONA STRIP AREA, MOHAVE COUNTY, ARIZONA.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on May 4,
1998, a public hearing was conducted to determine whether an Extension of Time should be granted as
requested by the developer, Bob Frisby, Beaver Dam, Arizona. The project engineer of record was Phylip
Leslie and Associates, Inc., Cedar City, Utah, and
WHEREAS, the property is located in the Arizona Strip, approximately one mile north of the
Interstate 15/County Highway 91 interchange. The property is accessed via the same intemhange, then north
along and east of County Highway 9t, and
WHEREAS, as originally approved, the Preliminary Plan of this subdivision depicted 32 acres
subdivided into 206 "park model" and RV lots, 33 twin-home lots (66 units), and an 11-acre common area,
which did not include the golf course, to be owned and maintained by the developer, and
WHEREAS, the developer has indicated in a letter dated February 12, 1998, that an Extension of
Time is being requested in order to give the developer more time to accommodate the requirement of the
Arizona Department of Environmental Quality that remaining phases of this development be provided with
an on-site package sewer treatment plant 6r be served by central sewer service. The developer also states
that due to repeated flooding of portions of this property, the land was "declared a National Disaster Area";
that bank stabilization of the Beaver Dam Wash was required by the Army Corps of Engineers. This delayed
the submittal ora Final Plat for Phase C of this subdivision, which was not completed until June of 1997.
Further, the developer contends that until an area-wide "sanitation district" is established, including the
unrecorded portion of this subdivision, the submittal and processing of a Final Plat for Phase C might not
be financially "responsible," and
WHEREAS, the history of the processing of this development is complex. The original Preliminary
Plan for this tract was approved by the Mohave County Board of Supervisors on July 6, 1987, per P&ZC
Resolution No. 87-100. A Final Plat for the first phase of this tract was recorded on October 23, 1987. The
Final Plat for the original Phase B was approved by the Board of Supervisors (by minute entry only) on
October 3, 1988. However, the conditions of that approval were never met by the developer and that version
of the Final Plat for Phase B was never recorded. This approval was rescinded formally on May 4, 1995,
RESOLUTION NO. 98-162 Page 2
with the recordation of the Final Plat of Phase B, as conditioned in the sixth Extension of Time. The first,
second, and third Extensions of Time of the approval of the original Preliminary Plan were approved by the
Board of Supervisors on October 7, 1991, per BOS Resolution. No. 91-260. A condition was included that
the development must be brought up to "today's codes." On May 20, 1992, the Board of Supervisors, by
minute entry only, amended BOS Resolution No. 91-260 at the request of the developer. The amendment
caused the deletion of the requirement for bringing the unrecorded portion of the subdivision up to "today's
codes," and kept the original conditions taken from the 1988 Final Plat approval. Those conditions required
the developer to submit financial assurances, an acceptable engineer's cost estimate, and ADEQ approval
ora sewer disposal system. The fourth Extension of Time of the original Preliminary Plan was approved
in 1992, per BOS Resolution No. 92-251. The fifth extension was approved on September 7, 1993, per BOS
Resolution No. 93-247. The sixth extension was approved on November 3, 1994, per BOS Resolution No.
94-382, expiring on July 5, 1995. The new Final Plat for Phase B was approved by the Board of Supervisors
on April 3, 1995, per BOS Resolution No. 95-154. The new Final Plat for Phase B was recorded on May
4, 1995. All remaining assurances for the completion of improvements in Phase B were released and as-
built improvement plans approved for that phase on February 5, 1996, per BOS Resolution No. 96-36.
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 (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 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, and has recommended that any
required changes or modifications will be the responsibility of the developer, and
WHEREAS, this action, if approved, will constitute the seventh, eighth, ninth, and tenth Extensions
of Time, and
WHEREAS, 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 Phase C 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) The developer did not submit with his request a letter from an engineer to certify
the completion of those improvements claimed by the developer to have been completed, nor
were any as-built improvement plans submitted; 4) The policy does not anticipate ten
Extensions of Time for projects in which a Final Plat has not been actively processed.
c. Nothing has been submitted to Mohave County in three years for the further processing of
the unrecorded portion of this development.
RESOLUTION NO. 98-162 Page 3
d. No subdivision can be recorded without the required ADEQ approval of Sanitary Facilities.
In those instances where ADEQ reevaluates a subdivision's approval and prohibits the use
of individual septic systems, redesign of the subdivision may be necessary. Depending on
the extent of the changes made to the plat, it may require that a project be processed again,
at an earlier stage of review.
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on
April 8, 1998, the Commission recommended APPROVAL for an Extension of Time subject to the
following:
1. Compliance with all conditions of P&ZC Resolution Nos. 87-100, 87-101, and BOS
Resolution No. 94-382.
2. The developer must, prior to the expiration of this conditional approval, submit a complete
Final Plat submittal for Phase C of this subdivision, including improvement plans and
required review fees. With that submittal, the developer must also provide for the extension
of central sewer service to all lots in the subdivision, or provide for another approved method
of sewage disposal.
3. Unless significant progress is made in the coming year toward the recordation of this project
(including compliance with Condition 2 above), further Extensions of Time for the
Preliminary Plan of this subdivision will be recommended for denial.
4. This Extension of Time is for the conditional approval of the Preliminary Plan of Tract 3015,
dated September 22, 1994.
5. The Final Plats to be submitted for ail remaining unrecorded phases of this subdivision must
conform to the approved Preliminary Plan.
6. The approved phasing plan for the unrecorded portion of this subdivision (dated September
22, 1994), must be adhered to with the submittal of the remaining phases in this subdivision.
7. If revised plats of this subdivision are submitted including substantial changes from the
Preliminary Plan being extended herein, the extent of the changes may require the developer
to process a new Preliminary Plan or a new Sketch Plan.
8. This Extension of Time will be in effect until July 6, 1999.
WHEREAS, the notice of hearing was published in The Standard, a newspaper of general
circulation in Kingman, Mohave County, Arizona, April 18, 1998, mad posted April 17, 1998, as required
by Arizona Revised Statutes and the Mohave County Zoning Regulations.
RESOLUTION NO. 98-162 Page 4
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting
on Monday, May 4, 1998, APPROVED this Extension of Time as recommended by the Mohave County
Planning and Zoning Commission and outlined herein.
MOHAVE COUNTY BOARD OF SUPERVISORS
~~ Jame