HomeMy WebLinkAbout98-345 OFFICIAL RECORDS OF MOHAYE COUNTY, .AZ
JOAN M(: (:ALL, MOHAVE COUNTY RECORDER
10/07/1998 02:37F' PAGE 1 OF 3
MOHAVE COUNTY BOARD OF SUPERVISORS
RECORDING FEE 0.00
RESOLUTION NO. 98-345
A RESOLUTION SETTING FORTH AN EXTENSION OF TIME OF THE APPROVED
PRELIMINARY SUBDIVISION PLAN OF WILLOW VALLEY ESTATES, UNIT 20, TRACT 4134,
BEING A SUBDIVISION OF A PORTION OF SECTION 21, TOWNSHIP 18 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 October
5, 1998, a public hearing was conducted to determine whether approval should be granted for an Extension
of Time as requested by the owner/developer Wayne McKellips of McKellips Land Corporation, Phoenix,
Arizona, for the above-described Preliminary Plan. The new project engineer is A-N West, Inc., Bullhead
City, Arizona, and
WHEREAS, the property is located approximately eight miles south of Bullhead City. The property
is accessed via State Highway 95, then west approximately two miles along and north of King Street, and
WHEREAS, the Preliminary Plan depicts 22 acres subdivided into 80 single-family residential lots,
a well site parcel, and a number of open space parcels, and
WHEREAS, the developer has indicated in a letter dated August 12, 1998, that an Extension of
Time is being requested in order to allow more time to process the Final Plats for this subdivision, and
WHEREAS, the Preliminary Plan for this tract was approved by the Mohave County Board of
Supervisors on March 9, 1992, per BOS Resolution No. 92-67. The Final Plat for Phase A was approved
by the Board on April 5, 1993, per BOS Resolution No. 93-59. The first Extension of Time for the approval
of the Preliminary Plan was granted on February 6, 1995, per BOS Resolution No. 95~33. The second
extension was granted on May 1, 1995, per BOS Resolution No. 95-208. The third extension was granted
on May 6, 1996, per BOS Resolution No. 96-145. The fourth extension was granted on March 10, 1997,
per BOS Resolution No. 97-64. 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 Final Plat for Willow Valley Estates, Unit 20, Tract 4134-A, was recorded August
16, 1996, and
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RESOLUTION NO. 98-345 Page 2
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, at the Planning and Zoning Commission meeting on September 9, 1998, staff
originally recommended denial of this request, based on the lack of performance by the developer as
indicated in the findings of fact. Additionally, staff recommended that if the Commission recommended
approval, the standard condition be included that unless significant progress is made by the developer in the
coming year toward the recordation of the next phase of the subdivision, not additional extensions would
be approved. That condition was not accepted by the Commission, and
WHEREAS, this action, if approved, 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 because: 1) the Preliminary
Plan approval expired automatically on March 9, 1998. The request for the Extension of
Time was received five months after the expiration of the project, more than the 90-day
"grace period" allowed in the policy; 2) more than two years have passed since the
recordation of the first phase of this subdivision, and a Final Plat for the next phase of the
subdivision has not been submitted for review; 3) though the Subdivision Regulations do not
require notice, staff notified the developer and project engineer of the pending expiration one
month prior to the expiration, advising that if another request was not received for an
extension within 90 days of the expiration, staff would schedule the approvals for the
unrecorded portion of the plat for rescission. The Mohave County Attorney's Office has
since advised the Planning Director that the Subdivision Regulations do not require
rescission for already-expired Preliminary Plans; 4) the last Extension of Time approval
included a condition stating "If the Final Plat for the next phase of this subdivision has not
been submitted for County review and actively processed during the coming year, Planning
staffwill recommend denial of any additional Extensions of Time for this Preliminary Plan."
The required Final Plat has not been submitted.
WHEREAS, at the public heating before the Mohave County Planning and Zoning Commission on
September 9, 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. 92-67, 93-59, 95-33, 95-208, 96-
I05, 96-145, 97-35, and 97-64.
2. This Extension of Time will be in effect until March 9, 1999.
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RESOLUTION NO. 98-345 Page 3
WHEREAS, the notice of hearing was published in The Standard, a newspaper of general
circulation in Kingman, Mohave County, Arizona, September 19, 1998, and posted on September 18, 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, October 5, 1998, APPROVED this Extension of Time as recommended by the Mohave County
Planning and Zoning Commission and outlined herein.
MOHAVE COUNTY BOARD OF SUPERVISORS
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