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HomeMy WebLinkAbout98-313 RESOLUTION NO. 98-313 A RESOLUTION SETTING FORTH A RESCISSION OF BOS RESOLUTION NOS. 91-65, 91-96, 91-284, AND 92-54, WHICH CONDITIONALLY APPROVED THE PRELIMINARY PLAN, REZONING, SEPARATE PETITION OF EXCEPTION, AND FINAL PLAT FOR SUN DESERT ESTATES, TRACT 4121, BEING A SUBDIVISION OF A PORTION OF THE SW¼ 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 September 8, 1998, a public hearing was conducted to determine whether the approvals for the above-described project should be rescinded. The owner is Gene Thomas, Bullhead City, Arizona. The project engineer is Territorial Engineers, Inc., Bullhead City, Arizona, and WHEREAS, the property is located approximately three (3) miles south of Bullhead City and is accessed via State Highway 95, then east one (1) mile along Joy Lane, then northeast to the site, and WHEREAS, the Preliminary Plan depicts 15.1 acres subdivided into 49 single-family residential lots, with areas ranging from 8,800 to 11,225 square feet, and WHEREAS, the Preliminary Plan for Sun Desert Estates, Tract 4121, was approved by the Mohave County Board of Supervisors on March 4, 1991, per BOS Resolution No. 91-65. A separate Petition of Exception was approved on October 21, 1991, per BOS Resolution No. 91-284. The Final Plat for Tract 4121 was approved on February 18, 1992, per BOS Resolution No. 92-54. The first and only Extension of Time for the approval of the Preliminaxy Plan was granted on October 4, 1994, per BOS Resolution No. 94- 328. The Preliminary Plan approval for this tract expired automatically on March 4, 1995. The developer did not request a further Extension of Time for the approval of the project, and WHEREAS, the rezoning of the property, from A-R to R-O/8M, was conditionally approved on April 1, 1991, per BOS Resolution No. 91-96, and WHEREAS, Sun Desert Estates, Tract 4121, is one of a number of small, clustered subdivisions located in a portion of South Mohave Valley offering limited infrastructure, and thus dependent in part on the successful recordation and improvement of neighboring or "upstream" tracts. The expired design of Sun Desert Estates, Tract 4121, was meshed with the designs of Moon Ridge, Tract 4119; Pine River Estates, Tract 4128; and Moon Valley, Tract 4120. Phase A of Moon Ridge, Tract 4119, was recorded in 1993, but a Final Plat for Phase B was never submitted. Moon Valley, Tract 4120, has not been processed since 1991, RESOLUTION NO. 98-313 Page 2 and the approvals for Pine River Estates, Tract 4128, were rescinded on January 5, 1998, per BOS Resolution No. 98-10. Additionally, though this and the neighboring projects mentioned above were originally approved allowing the use of individual septic systems, the Environmental Health Division has previously commented that the percolation rates in this area will likely require that any new subdivision of this property be required to provide central sewer service, and WHEREAS, Phil Jost, the previous owner and developer, informed Mohave County on July 14, 1998, that the property has been sold to the new owner. The new owner has not expressed an interest in subdividing this property, and WHEREAS, all resolutions including BOS Resolution No. 94-328, which required compliance with the conditions of the above-referenced rescinded approvals, are themselves voided. All notices have been advertised and posted according to regulations, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on August 12, 1998, the Commission recommended APPROVAL of the rescission of this subdivision, and WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, August 22, 1998, and posted on August 21, 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 Tuesday, September 8, 1998, APPROVED the rescission of this subdivision as recommended by the Mohave County Plarming and Zoning Commission and outlined herein. Mo. VISORS