HomeMy WebLinkAbout99-069 INDEXED MICROFI u
JOAN M(: CALL, MOHAVE COUNTY RE(:OR[~ER
MOHAVE COUNTY BOARD OF SUPERVISORS
RESOLUTION NO. 99-69
EVALUATION OF A REQUEST FOR AN EXTENSION OF TIME OF THE APPROVED
PRELIMINARY SUBDIVISION PLAN OF EMERALD RIVER ESTATES, TRACT 4093, 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 March 8,
1999, a public hearing was conducted to determine whether approval should be granted for an Extension of
Time as requested by Kathy Tackett-Hicks, an agent for Randy Hanshaw, President of Emerald River
Development, inc., the developer, for the above-described Preliminary Plan. The new project engineer is
Phoenix Engineering, Phoenix, Arizona, and
WHEREAS, the property is located approximately two miles south of Bullhead City. The site is
accessed via State Highway 95, then east along and south of El Rodeo Road to the property, and
WHEREAS, the Preliminary Plan for Emerald River Estates, Tract 4093, depicts 32 acres
subdivided into 107 single-family residential lots, and
WHEREAS, the developer's agent has indicated in a letter dated December 18, 1998, that an
Extension of Time is being requested, as the developer has had continued difficulty securing an agreement
with a regional sewer service, and as the ownership of this property has remained in litigation over
receivership for the past year, having only recently been resolved, and
WHEREAS, the Preliminary Plan for this tract was approved by the Mohave County Board of
Supervisors on March 5, 1990, per BOS Resolution No. 90-58. The Final Plat for the first phase of this
subdivision, Tract 4093-A, was conditionally approved on August 20, 1990, per BOS Resolution No. 90-
216. The first Extension of Time for the conditional approval of the Preliminary Plan was granted on
January 4, 1993, per BOS Resolution No. 93-4. Second and third Extensions o£ Time were granted on
September 6, 1994, per BOS Resolution No. 94-201. The fourth extension was granted on May 1, 1995,
per BOS Resolution No. 95-175. The fifth extension was approved on May 6, 1996, per BOS Resolution
No. 96-142. The sixth extension was granted on June 2, 1997, per BOS Resolution No. 97-169. The
seventh extension was granted on August 10, 1998, per BOS Resolution No. 98-273, with project approval
automatically expiring on March 5, 1999. 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
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RESOLUTION NO. 99-69 Page 2
WHEREAS, the Final Plat for Phase A of this subdivision was recorded on November 21, 1990.
All improvements within Phase A were completed prior to the recordation of that plat (as-built), and
WHEREAS, the developer and previous project engineer have, with earlier extension requests,
stated that all subdivision improvements have been completed for Tract 4093-B. The developer has not
submitted as-built improvement plans to document the completion of such improvements. Additionally,
sewer lines have not been constructed, though the developer now appears to be arranging with a sewer
provider for such service, and
WHEREAS, the applicant, with this request, submitted a Final Plat for Tract 4093-B. That
submittal remains incomplete and accordingly, per department policy, has not been sent out for review. The
partial submittal of this Final Plat was made in an effort to meet the condition of the previous extension
approval that significant progress be made in the processing of this project toward recordation and
completion, to justify a recommendation of approval for another extension. With the submittal of the FinaI
Plat for Tract 4093-B, the applicant also included a letter dated January 11, 1999, in which Sorenson Utility
Company has agreed, upon conclusion of a line-extension contract, to serve the lots in the subdivision with
sewer disposal. Actual sewer lines remain distant from the subdivision site, and
WHEREAS, the adoption in 1995 of an Extension of Time Policy for subdivision Preliminary Plans
was deemed necessary by the Planning and Zoning Commission and Board of Supervisors, to curb the
abuses seen in the extension process. Considering the questionable pace of progress this subdivision has
for years seen, an eighth Extension of Time for this project appears at odds with the intent of the Extension
of Time Policy that extensions be granted based on actual performance, and
WHEREAS, since the last Extension of Time, this subdivision has advanced, due to recent tentative
arrangements for sewer service. Accordingly, staff recommends conditional approval of this request, based
on recent processing. Staff also recognizes that without an extension, the developer cannot successfully
process a Final Plat for Tract 4093-B to recordation, 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 eighth Extension of Time for the conditional
Preliminary Plan approval of this proposed subdivision, 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 appear to comply with the intent of the Extension of Time Policy.
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RESOLUTION NO. 99-69 Page 3
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on
February 10, 1999, 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. 90-58, 93-4, 94-201, 95-175, 96-
142, 97-169, and 98-273.
2. The developer must, prior to the expiration of this conditional approval, process the
submitted Final Plat for Tract 4093-B to recordation. No further Extensions of Time will be
approved for the Preliminary Plan of this subdivision.
3. This Extension of Time will be in effect until March 5, 2000.
WHEREAS, the notice of hearing was published in The Standard, a newspaper of general
circulation in Kingman, Mohave County, Arizona, February 17, 1999, and posted on February 19, 1999, 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, March 8, 1999, APPROVED this Extension of Time as recommended by the Mohave County
Planning and Zoning Commission and outlined herein.
MOHAVE COUNT RD ~ RVISORS