HomeMy WebLinkAbout99-102 ~, .: ... ,lOAN MC CALL, MONAgE COUNTY <ECORDEr..
,~,~ -~ 04/07/1999 ll:5~A PAGE 1 OF
MONAVE COUNTY BOARD OF SUPERVI:S, ORS
RECORDING FEE
RESOLUTION NO. 99-102
A RESOLUTION SETTING FORTH AN EXTENSION OF TIME OF THE APPROVED
PRELIMINARY SUBDIVISION PLAN OF RODEO PARK, TRACT 4145, BEING A SUBDIVISION
OF A PORTION OF THE SW¼ OF SECTION 23, 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 April 5,
1999, a public hearing was conducted to determine whether approval should be granted for an Extension of
Time as requested by the developer, Dennis Gootrad, GNP Limited Partnership, Westlake Village,
California, for the above-described Preliminary Plan. The project engineer is A-N West, Inc., Bullhead
City, Arizona, and
WHEREAS, the property is located approximately two miles south of Bullhead City, and is accessed
via State Highway 95, then east along and north of E1 Rodeo Road to the site, and
WHEREAS, this Preliminary Plan depicts 23 acres subdivided into 115 multi-family residential lots,
and
WHEREAS, the developer has indicated in a letter dated February 2, 1999, that an Extension of
Time is being requested, as "sewer provider issues have finally been resolved", and as the developer needs
time to process and record the Final Plats for the proposed phases in the subdivision. Three phases are
proposed. The first Final Plat submittal for Phase A of this subdivision was completed for review in
December, 1998, over five years years after the revised Preliminary Plan approval for the tract, and
WHEREAS, the Preliminary Plan for this tract was approved by the Mohave County Board of
Supervisors on June 7, 1993, per BOS Resolution No. 93-155. The first Extension of Time of the
conditional approval of the Preliminary Plan for this tract was granted on June 5, 1995, per BOS Resolution
No. 95-271, expiring on June 7, 1996. The second extension was granted on June 3, 1996, per BOS
Resolution No. 96-185. The third extension was granted on July 7, 1997, per BOS Resolution NO. 97-220.
The fourth extension was granted on August 10, 1998, per BOS Resolution No. 98-272, with project
approval automatically expiring on June 7, 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
F'AGE 2 OF ~
8K ~280 PG 45
RESOLUTION NO. 99-102 Page 2
WHEREAS, with this extension request the developer has also requested that a condition of the
Preliminary Plan approval for this tract be deleted. Condition number 3 of BOS Resolution No. 93-155
required that the developer establish a "corporate entity" to provide permanent maintenance of the block
walls required in the subdivision. The developer proposes to include a provision in the CC&Rs for this
subdivision that the owners of individual lots in the tract be responsible for the maintenance of the portion
of the block walls on their property. Staff has no objection to the developer's proposal as it appears to
accomplish the same end as a more complicated requirement for the establishment of a property owners
association, 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 lack of processing for this plat over the years, a fifth
Extension of Time for this project appears to undermine the intention of the Extension of Time Policy that
extensions be granted based on actual performance. Since the last Extension of Time, this subdivision has
seen some progress, due to the recent submittal and partial processing of a Final Plat for the first phase of
the subdivision. Accordingly, staff recommends conditional approval of this request, based on recent plat
activity. Staff also recognizes that without an extension(s), the developer will not be able to successfully
process Final Plats for the multiple phases proposed in this subdivision, 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 fifth 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:
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.
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. 93-155, 95-271, 96-185, 97-220,
and 98-272.
2. Condition number 3 of BOS Resolution No. 93-155 be deleted in its entirety. The developer
shall ensure that provisions of perpetual maintenance of the block walls and any other
common elements in this subdivision be made the responsibility of the property owners of
the lots and parcels in the subdivision.
F'AGE ~ OF ~
BE ~8. PG 46 FEE~9~."236~7
RESOLUTION NO. 9%102 Page 3
3. The developer must, prior to the expiration of this conditional approval, process the
submitted Final Plat for Tract 4145-A to recordation. Unless significant progress is made
in the coming year, including the recordation of the Final Plat for the first phase of this
subdivision, no further Extensions of Time will be granted for this proposed tract.
4. This Extension of Time will be in effect until June 7, 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.
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~RVISORS
James~