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Home My WebLink About99-070 INDEXED OFFICIAL RECORDS OF MOHAVE JOAN MC CALL, MOHAVE {O~JNl'l 03/23/~.'799 ll:0?A F'AGE fJOHAVE OOUNTY BOARD OF SLIF'E:R',~ISORS RECORDING FEE RESOLUTION NO. 99-70 EVALUATION OF A REQUEST FOR AN EXTENSION OF TIME OF THE APPROVED PRELIMINARY SUBDIVISION PLAN OF PALM ESTATES 1I, 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 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 Don Matuzak of M&L Properties, Bullhead City, Arizona, for the above-described Preliminary, Plan. The engineer of record is Denise Burton, Las Vegas, Nevada, and WHEREAS, the property is located less than one mile south of Bullhead City, east of State Highway 95, and northeast of the intersection of Camp Mohave Road and Calle Del Media, and WHEREAS, the Preliminary Plan for Palm Estates II, Tract 4104, depicts 27 acres subdivided into 82 single-family residential lots, and WHEREAS, the developer's agent has indicated in a letter dated December 29, t998, that an Extension of Time is being requested, as the developer has had continued difficulty securing an agreement with a regional sewer service, 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 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 required that Tract 4104 be recorded within one year, or the portions of Rio Hacienda proposed for abandonment and reversion to acreage would revert to their previous condition. The first Extension of Time of the conditional abandounqents was granted 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 of Time of the conditional approval for the Preliminary Plzm was combined wSth the second extension for the accompanying abandonment and reversion to acreage, per BOS Resolution No. RESOLUTION NO. 99-70 Page 2 92-108, expiring April 2, 1993. All subsequent extensions combined an approval of both the Preliminary Plan for Tract 4104, and the abandonment and reversion to acreage of portions of Tract 1224. The second combined extension was granted on April 5, 1993, per BOS Resolution No. 93-83. The third extension was granted on May 2, 1994, per BOS Resolution No. 94-133. The fourth extension was granted on April 3, 1995, per BOS Resolution No. 95-129. The fifth extension was granted on May 6, 1996, per BOS Resolution No. 96-146. The sixth extension was granted on June 2, 1997, per BOS Resolution No. 97-170. The seventh extension was granted on June 1, 1998, per BOS Resolution No. 98-200, with project approval automatically expiring on April 2, 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 WHEREAS, the Final Plat for Phase A of this subdivision was recorded on June 11, 1993. At that time, the Mohave County Assessor's Office recognized the abandomnent of the roadways and easements, and the reversion to acreage of the lots within the portion of Rio Hacienda, Tract 1224, planned to be subdivided as Tract 4104. If the approved Preliminary Plan for Tract 4104 is allowed to expire, the second phase of this subdivision, Tract 4104-B, would not be processed or recorded, resulting ih a parcel of approximately 5.98 acres of ansubdivided land ~vest of and adjacent to Tract 4104-A. Improvements within Tract 4104-A have long been completed, and WHEREAS, the applicant, with this request, submitted a Final Plat for Tract 4104-B. The submittal of this Final Plat was made in an eft'on to meet the condition of the previous extension approval that sigifificant progress be made so as to justify a recommendation of approval for another extension. With the submittal of the Final Plat for Tract 4104-B, the applicant included a letter dated January 11, 1999, in which Sorenson Utility Company has agreed, upon conclusion ora line-extension contract, to serve the lots in the subdivision with sewer disposal. Actual sewer lines are now in close proximity to the site, as a new school, located irrLmediately north of the project, is now in operation though on a mal(eshift sewer disposal system, yet to be connected to the Sorenson Utility lines miles to the south. There appears to have been some progress since the last extension, and WHEREAS, the adoption in 1995 of an Extension of Time Policy for subdivision Preliminary Plans was deemed necessary by the Planning and Zoning Conmfission and Board of Supervisors to curb the abuses seen in the extension process. The requested eighth Extension of Time for this project, without clear and substantial progress, appears to defeat the purpose of the Extension of Time Policy, and WHEREAS, staff recornmends conditional approval of this request, as the request is typical of many other such requests, and as the expected adoption in coming months of new Subdivision Regulations should eliminate the most obvious concems which made the Extension of Time Policy necessary under the existing regulations. Additionally, without an extension, the developer cannot successfully process a Final Plat for Tract 4104-B to recordation, and RESOLUTION NO. 99-70 Page 3 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 n6t appear to comply with the intent of the Extension of Time Policy. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on February 10, 1999, the Commission recomanended 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, 97-170 and 98-200. 2. The developer must, prior to the expiration of this conditional approval, process the submitted Final Plat for Tract 4104-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 April 2, 2000. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, Februm.w 17, 1999, and posted on February 19, 1999, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE 1T 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. MO~~PERVISORS Jam e~R~Z ab-o r s ~C ha~'t~) Q~