HomeMy WebLinkAbout99-165 O,['F]:C:tAL I:~E(3RDS OF f!OHAV[; (:~UN1Y'
JO~N M(: C:ALL~ MOE'I~VE COUNTY
RECORQIHG FEE 0.00
RESOLUTION NO. 99-165
A RESOLUTION SETTING FORTH AN EXTENSION OF TIME OF THE ASSURANCES FOR
THE COMPLETION OF IMPROVEMENTS FOR LOS LAGOS, TRACT 4096-A, BEING A
SUBDIVISION OF A PORTION OF THE W~ OF SECTION 1, 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 May 10,
1999, a public hearing was conducted to determine whether an Extension of Time should be granted for the
assurances for the completion of all improvements for the above-referenced subdivision. The developer of
this subdivision is Desert Lakes Development/Los Lagos Development, Fort Mojave, Arizona. The new
project engineer is Ludwig Engineering, San Bernardino, California, and
WHEREAS, the Final Plat of Sun Valley, Tract 4096-A, was recorded on August 27, 1991. The
assurance for the completion of improvements for this subdivision was combined with the assurances for
two other subdivisions: Desert Lakes Golf Course and Estates, Tract 4076-C, recorded May 23, 1990; and
Desert Lakes Estates, Tract 4152-A, recorded November 28, 1995, and
WHEREAS, the Extensions of Time for the assurance for the improvements for this subdivision
were assumed to be included in the annual extensions obtained by the developer for the conditional approval
of the Preliminary Plans for each of the three subdivisions, and
WHEREAS, the first separate Extension of Time for the combined assurance for Tracts 4076-C,
4096-A, and 4152-A, was granted on April 7, 1997, per BOS Resolution No. 98-201, with that extension
expiring December 20, 1997. The second extension was g~anted on February 2, 1998, per BOS Resolution
No. 98-51, expiring December 20, 1998. The assurances for Tract 4076-C were fully released on June 1,
1998, per BOS Resolution No. 98-202. The third extension (for the assurances for the outstanding
improvements for Tract 4096-A and Tract 4152-A) was granted on November 2, 1998, per BOS Resolution
No. 98-400, and
WHEREAS, the most recent extension split the period of assurance approval for the two projects
still held under this combined assurance account. The approval for the assurance for Tract 4152-A was
extended by that resolution to December 20, 1999. The approval for the assurance for this subdivision, Los
Lagos, Tract 4096-A, was extended only 120 days, to April 20, 1999, due to concerns of the property owners
association and of the Commission over the lack of progress toward the completion of improvements for
that subdivision, the Final Plat of which had been recorded more than seven years previous. Article 5.4 of
the Mohave County Subdivision Regulations states: '~The duration of the performance bond or other
assurance shall be for one (1) year from the date of recording. Extensions of Time in one (1) year
increments may be granted by the Board of Supervisors by showing just cause."
PAGE 2 OF 3
RESOLUTION NO. 99-165 Page 2
WHEREAS, since the last extension for this assurance, the project engineer has submitted an
improvement plan to the Public Works Department for a drainage crossing on Lipan Boulevard intended
to correct runoff-caused erosion alongside the roadway. No other as-built improvement plans, cost estimates
of completed or remaining improvements, or other documentation has been submitted with this request for
an assurance extension to demonstrate real progress toward the completion of the improvements for the
subdivision. The recent conditional Preliminary Plan approval of a neighboring, separate subdivision, Los
Lagos Country Club Villas and Estates, Tract 4166, directly affects the improvements remaining to be
completed for Los Lagos, Tract 4096-A. Parcels B, E and Q of Tract 4096-A are now included within
proposed Tract 4166. Uncompleted improvements within those parcels are now required to be completed
with Phase A of Tract 4166, as those parcels are now included in Tract 4166. The portion of the Tract 4096-
A assurances held for the completion of improvements in those parcels of Tract 4096-A now included in
Tract 4166 will not be released until an assurance covering improvements on those properties has been
secured by Mohave County from the developer for Tract 4166-A, as conditioned in the Preliminary Plan
approval for the new subdivision, and
WHEREAS, aside from transferring the requirement for the construction of some improvements
from one tract to another, genuine progress toward the completion of improvements for Los Lagos, Tract
4096-A, has not been demonstrated by the project engineer. A progress report (a required itemization
statement by the project engineer as to improvements completed to date, and improvements outstanding)
required by condition # 2 of BOS Resolution No. 98-400, the previous extension for this assurance, has not
been submitted to Mohave County, and.
WHEREAS, the outstanding assurance balance for Los Lagos, Tract 4096-A, as of the latest partial
release dated September 24, 1998, is $744,756.18, and
WHEREAS, this Extension of Time item was originally scheduled for hearing by the Plmming and
Zoning Commission at their meeting on March 10, i999. When the request for this extension was
submitted, it appeared to staff as if very little progress had been made since the last extension toward the
completion of subdivision improvements. The Planning Director, feeling obliged to recommend denial of
the request due to the apparent lack of progress, and considering the concerns expressed by the Commission
and property owners at the previous extension hearing, continued this item to the April 14, 1999
Commission meeting. The continuance of this item will cause the assurance to expire prior to a Board of
Supervisors consideration of an extension. The continuance was made by the Director so that staff could
meet with the developers and their engineer to emphasize the need that they must demonstrate real progress
toward project completion before going back to the Commission for another extension, and
WHEREAS, the Public Works Department has commented that the project engineer must submit
a progress report, including the mnount of improvements completed, the anmunt of improvements
remaining, and an expected date of completion of the improvements, and
WHEREAS, this will be the third Extension of Time for this assurance (and the first wherein the
period of approval of the assurance for Tract 4096-A is extended separately from the assurance for Tract
4152-A), and
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BK ~301 PG 4;~9 FEE~.99028!5Bt
RESOLUTION NO. 99-165 Page 3
WHEREAS, at the public hearing before the Mohave County Planning m~d Zoning Commission on
April 14, 1999, the Commission recommended APPROVAL of the Extension of Time for the assurances
for the completion of subdivision improvements for Los Lagos, Tract 4096-A, subject to the following:
I. As-built plans for roads, drainage and other improvements, all required Arizona Department of
Environmental Quality approvals, including but not limited to the ADEQ Approvals of Construction
for water and sewer improvements, and copies of signed, executed contracts with utility and service
providers of all services for Los Lagos, Tract 4096-A (except those pending improvements located
on parcels now within proposed Los Lagos Country Club Villas and Estates, Tract 4166), shall be
submitted to the Planning Director not later than August 20, 1999. All subdivision improvements
must be completed by that date.
2. Any failure of the developer or of the developer's engineer or other agents to comply with these
conditions by the dates specified herein shall be considered default by the developer to complete the
subdivision improvements for Los Lagos, Tract 4096-A, in compliance with the Mohave County
Subdivision Regulations, and said default shall result in the forfeiture by the developer to Mohave
County of the assurances posted for the completion of those improvements.
3. Upon developer compliance with the condition of the Preliminary Plan approval for Tract 4166 that
an assurance be made to Mohave County for the completion of improvements for that subdivision,
the portion of the assurances held for those parcels formerly within Tract 4096-A that are now in
Tract 4166 will be processed by Mohave County for release to the developer.
4. Approval for the assurance for Tract 4096-A will be in effect until December 20, 1999. The period
of approval for the assurance is being set past the date by which the developers must have completed
all subdivision improvements, so that the Mohave County Attorney's Office has a period within
which to seize the assurance for Tract 4096-A, in the event of developer default.
WHEREAS, the advertising requirements have been met throughout this subdivision process as
required by Arizona Revised Statutes and the Mohave County Zoning Regulations, amd
WHEREAS, the notice of hearing was published in The Standard, a newspaper of general
cimulation in Kingman, Mohave County, Arizona, April 21, 1999, mhd posted on April 23, 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, May 10, 1999, APPROVED this Extension of Time for the assurances for the completion of
for Los Lagos, Tract 4096-A, as recommended by the Mohave County Platming
sion and outlined herein.
-n= MOHAV~ERVISORS
James P)( Zaborsky, ~)tirman "~ ~