Loading...
HomeMy WebLinkAbout99-105 c~0~0,6~0 P,K 3280 PG St OFFICIAL RECORDS OF MOHAVE COUNTY~ AZ JQAN M~ ~ALL, MOHAVE COUNTY RE(:ORDER 04/07/lY~ 11:54A PAGE 1 OF ~ MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 RESOLUTION NO. 99-105 A RESOLUTION SETTING FORTH AN EXTENSION OF TIME OF THE APPROVED PRELIMINARY SUBDIVISION PLAN OF VALLEY PARK ESTATES, TRACT 3041, BEING A SUBDIVISION OF A PORTION OF PARCEL 293, A PART OF THE SE¼ OF THE SW¼ OF SECTION 14, TOWNSHIP 21 NORTH, RANGE 19 WEST, IN THE GOLDEN 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, A1 Haley, Golden Valley, Arizona, for the above-described Preliminary Plan. The project engineer is Mohave Engineering Associates, Inc., Kingman, Arizona, and WHEREAS, the property is located approximately eleven miles west of the City of Kingman and is accessed via Highway 68, then south along Estrella Road, then east one-quarter mile along Redwall Drive to the site, and WHEREAS, this Preliminary' Plan depicts 39 acres subdivided into 91 single-family residential lots and four parcels, including the private roadway system, and WHEREAS, the developer has indicated in a letter dated February 1, 1999, that an Extension of Time is being requested, as the developer needs time to process and record the Final Plats for the proposed phases in the subdivision. Four phases are proposed. The Final Plat for Phase A o£this subdivision was first submitted to Mohave County for review in Ma3', 1998, six 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 Super~,isors on October 7, 1991, per BOS Resolution No. 91-266. A revised Preliminary Plan was approved on May 4, 1992, per BOS Resolution No. 92-148. The first Extension of Time of the conditional approval of the revised Preliminary Plan fbr this tract was granted on June 6, 1994, per BOS Resolution No. 94-168, expiring on May 4, 1995. A second extension was requested by the owner in early 1995, without the required processing fee. Staff sent a letter dated April 26, 1995, to the owner indicating the need for the fees. No fees were submitted, and the request was accordingly not processed. The owner sought to again revive this project in 1997, with the submittal of another request for an Extension of Time of the approval for the old revised Preliminary Plan. Second, third, and fourth extensions were granted by the Board on July 7, 1997, per BOS Resolution No. 97-233. A fifth extension was granted on July 13, 1998, per BOS Resolution No. 98-243, with project approval automatically expiring on May 4, 1999. Subdivision PAGE 2 OF' 3 BK 3280 PG 52 FEE~??020640 RESOLUTION NO. 99-105 Page 2 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." 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 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 extensive lack of processing for this plat over the years, a sixth 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 advanced some, due to the submittal and partial processing in 1998 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 atso 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 sixth 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. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on March 10, 1999, the Commission reconunended APPROVAL of an Extension of Time for the Preliminary Plan subject to the following conditions: 1. Compliance with all conditions of BOS Resolution Nos. 91-266 (as prescribed by BOS Resolution No. 92-148), 92-148, 92-193, 92-259, 94-168, 97-233, and 98-243. 2. The developer must, prior to the expiration of this conditional approval, process the submitted Final Plat for Tract 3041-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. 3. This extension of time will be in effect until May 4, 2000. PAGE 3 OF 3 BK 32~0 F'G 53 FEE~-99'~2q~4.- RESOLUTION NO. 99-105 Page 3 WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, March t7, 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. James ~bo~rs~. ~irm~ __ ~