Loading...
HomeMy WebLinkAbout99-100 99020635 BK 328D F'G 38 OFFICIAL RECORDS OF MOHAVE COUNTY, AZ JOAN MC (:ALL, MOHAVE COUNTY RECORDER 04/07/1999 11:52A PArlE i OF 4 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 RESOLUTION NO. 99-100 A RESOLUTION SETTING FORTH AN EXTENSION OF TIME OF THE APPROVED PRELIMINARY SUBDIVISION PLAN OF WILLOW VALLEY ESTATES, 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 April 5, 1999, a public hearing was conducted to determine whether approval should be granted for an Extension of Time as requested by G. Wayne McKellips, Jr., McKellips Land Corporation, Mohave Valley, 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 site is accessed via State Highway 95, then west two miles along and north of King Street, and WHEREAS, this 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 December 24, 1998, that an Extension of Time is being requested, as the developer has changed engineers and needs additional time to prepare the Final Plat for the second phase of the 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 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. The fifth extension was granted on October 5, 1998, per BOS Resolution No. 98-345, with project approval automatically expiring on March 9, 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.", mad PAGE 2 OF 4 gK ~280 PG ~ FEE~0206S5 RESOLUTION NO. 99-100 Page 2 WHEREAS, the Final Plat for Phase A of this subdivision was recorded on August 16, 1996. As- built plans were prematurely scheduled for approval by the Board of Supervisors, as the relocation of an un- permitted, on-site water tank remained outstanding. The Board of Supervisors conditionally accepted the as-builts for this phase of the subdivision on June 17, 1996, per BO S Resolution No. 96-105. With the tank relocation still unfinished at the time of the expiration of the initial as-built acceptance, an Extension of Time for the acceptance of the as-built plans for Tract 4134-A became necessary. The request by the project engineer for the extension was approved by the Board of Supervisors on February 3, 1997, per BOS Resolution No. 97-35~ There are two proposed phases of this subdivision which remain to be submitted and processed, and WHEREAS, in his request, the developer states "since our last extension was not granted until a little over a month ago, not a lot has been done since that time." Approval for the unrecorded portion of tiffs Preliminary Plan automatically expired on March 9, 1998. The developer had previously been advised that an Extension of Time was necessary to keep the project alive. On August 12, 1998, the developer requested the overdue extension, and received a recommendation of denial from staff, due to the termination of the project approvals and due to a lack of submittal of a Final Plat for the second phase of the subdivision. The developer convinced the Planning Commission that despite the lack of required processing, and regardless that the project had been allowed to expire, significant time, effort and money had been expended and that accordingly an extension was justified. The Commission recommended approval of the developer's request, and on October 5, 1998, the Board approved the extension, with expiration of approval to occur on March 9, 1999, and WHEREAS, although the developer's recent letter makes note of the short period of time between extension requests, the developer has, since 1994, been granted five full, twelve-month extensions by Mohave County within which to process this project. The first phase of this subdivision was recorded more than two years ago. The developer has not submitted to Mohave County a Final Plat for the second phase of this subdivision. Since the last extension, the developer has not demonstrated to Mohave County any progress toward the completion of this subdivisiion. Statements by the developer that some work and improvements have been completed in the unrecorded phases of this subdivision have not been substantiated by the submittal of as-built plans for any such improvements, 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. This requested sixth extension for this project, without clear and substantial progress, appears to tmdermine the intention of the Extension of Time Policy that extensions be granted based on actual performance. Staff, however, recommends conditional approval of this request, as it recognizes that the developer has had difficulty getting his former engineer to make required submittals, and recormnends approval knowing that the new engineer will need time to complete, process and record the second phase of this subdivision if and when it is submitted for review, and PAGE ~ OF ¢ 8K ~280 PG 4.0 FEE~990206~5 RESOLUTION NO. 99-100 Page 3 WHEREAS, at the Planning and Zoning Commission meeting on February 10, 1999, the Comanissiun continued this item for 30 days as neither the applicant nor any representative of the applicant chose to attend, and as a denial of the extension was not favored by the Commission. Staff pointed out that the conditional approvals for the Preliminary Plan of this subdivision will have expired in that 30-day period. The Deputy County Attorney present did not see a problem with this as the request for the extension was made, and the processing of the extension was started legitimately prior to the expiration of the project approval. As a good-faith effort was being made by all parties to process this extension per the regulations, prior to the project expiration, an expiration during the continuance of the item would not be held against the applicant, 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 sixth Extension of Time for the conditional Preliminar~v 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 mad posted according to regulations. b. This request does not 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 March 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. 92-67, 93-59, 95-33, 95-208, 96- 105, 96-145, 97-35, and 98-345. 2. If the Final Plat for the next phase of this subdivision has not been submitted for County review and actively processed toward recordation during the coming year, the Planning and Zoning Department will recommend denial of any additional Extensions of Time for the conditional approval of the unrecorded portion of this Preliminary Plan. 3. This Extension of Time will be in effect until March 9, 2000. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, March 17, 1999, and posted on March 19, 1999, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. F'A6E 4 OF 4 BK ~sFm F'G .¢1 FEE:~990206:.~5 RESOLUTION NO. 99-100 Page 4 NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, April 5, 1999, APPROVED this Extension of Time as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOH~VISORS