HomeMy WebLinkAbout98-200 INDEXED
8FF~C~AL RECORgS 8F ~OH~VE COUNTY~ AZ
JOAN HC: C:ALL~ ~OHAVE COUNTY RECORDER
mD6/0~/98 OI:2BP PAGE 1 OF 3
NOHAVE COUNTY BOARD OF SUPERVISORS
RECORDING FEE 0,00
RESOLUTION NO. 98-200
EVALUATION OF A REQUEST FOR AN EXTENSION OF TIME OF THE APPROVED
PRELIMINARY SUBDIVISION PLAN OF PALM ESTATES II, TRACT 4104, AND AN
EXTENSION OF TIME FOR THE ABANDONMENT OF ROADWAYS AND EASEMENTS AND
THE ABANDONMENT/REVERSION TO ACREAGE OF PORTIONS OF RIO HACIENDA,
TRACT 1224, BEING A SUBDIVISION OF A PORTION OF SECTION 14, 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 June 1,
1998, a public heating was conducted to determine whether approval should be granted for an Extension of
Time as requested by the developer, Don Matuzak of M&L Properties, Bullhead City, Arizona, for the
above-described Preliminary Plan. The project engineer of record was Burton Engineering, Inc., Las Vegas,
Nevada, and
WHEREAS, the property is located less than one mile south of Bullhead City, east of S~ate Highway
95, and northeast of the intersection of Camp Mohave Road and Calle Del Media, and
WHEREAS, the Preliminary Plan depicts 27 acres subdivided into 82 single-family residential lots,
and
WHEREAS, the developer has indicated in an undated letter received April 1, 1998, that an
Extension of Time is being requested in order to give the developer more time to have his project engineer
submit a Final Plat for the second phase of the subdivision. A new elementary school has located
immediately north of this subdivision, bringing with it an extension of sewer lines from the south. The
development of this subdivision has, to a limited degree, been delayed while the developer has attempted
to coordinate the improvements required in his project with the timing of the completion of the school.
Additionally, though a Final Plat has been prepared by the project engineer, the plat has not been submitted
for review. The project engineer relocated to Las Vegas in 1997. The relocation o£the engineer has further
delayed the processing of the second phase of this development, and
WHEREAS, the Preliminary Plan for this tract was approved by the Mohave County Board of
Supervisors on April 2, 1990, per BOS Resolution No. 90-80. Board of Supervisors Resolution Nos. 90-312
and 90-313, approved on November 5, 1990, provided for the conditional abandonment of roadways and
easements and the abandonment/reversion to acreage of the lots within the portions of Rio Hacienda, Tract
1224, planned for subdivision as Palm Estates II, Tract 4104. The condition of approval for each resolution
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RESOLUTION NO. 98-200 Page 2
was that Tract 4104 be recorded within one year, or the portions of Rio Hacienda proposed for abandomnent
would revert to their previous condition. The first Extension of Time of the conditional abandonments was
approved by the Board on November 4, 1991, per BOS Resolution No. 91-292, with the Extension of Time
expiring April 2, 1992, to coincide with the expiration of the Preliminary Plan of Tract 4104. The first
Extension ofT/me of the approved Preliminary Plan was combined with the second Extension of Time for
the accompanying abandonment resolutions, per BOS Resolution No. 92-108, expiring April 2, 1993. All
subsequent Extensions of Time combined the approval of both the Preliminary Plan and the abandonment
of portions of Rio Hacienda, Tract 1224. The second extension was granted on April 5, 1993, per BOS
Resolution No. 93-83. The third extension was approved on May 2, 1994, per BOS Resolution No. 94-133.
The fourth extension was approved on April 3, 1995, per BOS Resolution No. 95-129. The fifth extension
was approved on May 6, 1996, per BOS Resolution No. 96-146. The sixth extension was approved on June
2, 1997, per BOS Resolution No. 97-170. 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
WHEREAS, the first phase of this subdivision, Tract 4104-A, was recorded on June 11, 1993. At
that time, the Mohave County Assessor's Office recognized the abandonment of the roadways and
easements, and the reversion to acreage of the lots within the portion of Rio Hacienda, Tract 1224, to be
subdivided as Tract 4104. If the approved Preliminary Plan for Tract 4104 was allowed to expire, the second
phase of this subdivision, Tract 4104-B, would not be processed or recorded, resulting in a parcel of
approximately 5.98 acres of unsubdivided land west of and adjacent to Tract 4104-A, 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 action, if approved, will be the seventh 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)
Though it has been prepared, the Final Plat has not been submitted for Phase B of this
subdivision; 2) A phase of this subdivision has not been recorded in almost five years; 3) The
policy does not anticipate a seventh Extension of Time for projects in which a Final Plat has
not been actively processed; 4) Though prepared, no improvement plans for Phase B have
been submitted for review.
c. A seventh Extension of Time for an inactive subdivision normally does not warrant a
recommendation of approval; however, the developer has demonstrated that circumstances
beyond his control may have affected the processing of this project. The previous extension
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RESOLUTION NO. 98-200 Page 3
included a condition 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." Though progress appears to have been
marginal in the past year, staff considers what progress has been made, along with the
developer's recent promise for the upcoming submittal of the Final Plat for Phase B,
sufficient to meet tiffs condition, allowing a recommendation of approval for the Extension
of Time for this subdivision.
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on
May 13, 1998, the Commission recommended APPROVAL of an Extension of Time for the Preliminary
Plan subject to the following conditions:
1. Compliance with all conditions of BOS Resolution Nos. 90-80, 90-312, 90-313, 91-292, 92-
108, 93-83, 94-133, 95-129, 96-146, and 97-170.
2. The developer must, prior to the expiration of this conditional approval, submit a complete
Final Plat submittal for Phase B 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.
3. Unless significant progress is made in the coming year toward the recordation of this project
(including compliance with Condition 2 above), Planning staff will recommend denial of any
additional Extensions of Time for this Preliminary Plan.
4. This Extension of Time will be in effect until April 2, 1999.
WHEREAS, the notice of hearing was published in The Standard, a newspaper of general
circulation in Kingman, Mohave County, Arizona, May 16, 1998, and posted on May 15, 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, June 1, 1998, APPROVED this Extension of Time as recommended by the Mohave County
Plann~l~'/),,~ Commission and outlined herein.
~ c'o~'~ '"'~-,~ MOHAVE ~0 RVISORS