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HomeMy WebLinkAbout99-181 9902854.6 B~. 3301 F'G 480 OFFICIAL RECOROS OF MOHAVE COUNTY,* AZ JOAN M(: (ALL, MOHAVE COUNTY RECO~;OER 05112/1797 02:52P PAGE I OF 5 [iOHAVE COUNTY BOARD OF SUPERVISOR~ RECORQING FEE 0.00 RESOLUTION NO. 99-181 EVALUATION OF A REQUEST FOR AN EXTENSION OF TIME OF THE APPROVED PRELIMINARY SUBDIVISION PLAN OF CHAPARRAL MESA II, TRACT 3042, BEING A SUBDIVISION OF A PORTION OF THE NE¼ OF SECTION 28, AND PORTIONS OF SECTIONS 21, 22 AND 27, TOWNSHIP 22 NORTH, RANGE 16 WEST, IN THE KINGMAN 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 approval should be granted for an Extension of Time as requested by one of the developers, Joe Ott, Kingman, Arizona. The project engineer is Mohave Engineering Associates, Inc., Kingman, Arizona. William L. Nugent, the original owner/developer, is no longer associated with tiffs subdivision. Other new owners include Bob Nuttall and Chuck Morgan of B.C. Capital Development Corp., Scottsdale, Arizona, and Leonard Harley, Kingman, Arizona. These other developers have consented to the request for the Extension of Time, and WHEREAS, the property is located approximately one and one-half miles north of the City of Kingman, and is accessed via State Route 66, then northwesterly along and north of Thompson Avenue, and WHEREAS, this Preliminary Plan depicts 120 acres subdivided into 583 single-fanfily residential lots and one commercial lot. The residential minimum lot size is 6,000 square feet. The commercial lot contains about 19,000 square feet in area, and WHEREAS, the project engineer has indicated in a letter dated March 4, 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. Eight phases were proposed. Only one phase has yet been recorded, and WHEREAS, the Preliminary Plan for this tract was approved by the Mohave County Board of Supervisors on July 22, 1991, per BOS Resolution No. 91-199. The Final Plat for the first phase of this subdivision, Tract 3042-A, was approved by the Board of Supervisors on June 15, 1992, per BOS Resolution No. 92-217. The first Extension of Time of the conditional approval o£the Preliminary Plan for this tract was granted on August 2, 1993, per BOS Resolution No. 93-240. The second extension was granted on August 8, 1994, per BOS Resolution No. 94-280. The third extension was granted on August 21, 1995, per BOS Resolution No. 95-331. The fourth extension was granted on July 1, 1996, per BOS Resolution No. 96-254. The fifth extension was granted on July 7, 1997, per BOS Resolution No. 9%245. The sixth extension was granted on August 10, 1998, per BOS Resolution No. 98-288, with project approval automatically expiring on Jane 5, 1999. Subdivision Regulations, Article 3.10-1 states: "Upon application PAGE 2 LiF' 3 RESOLUTION NO. 99-181 Page 2 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 the first phase of this subdivision, Tract 3042-A, was recorded on June 18, 1992. Improvements for Tract 3042-A were completed in 1994. The Final Plat for the second phase of this subdivision was first submitted for review' in October, 1996; however, no corrected Final Plats for Tract 3042-B have been submitted for processing since 1997, and WHEREAS, ownership of the property in this proposed subdivision has divided up amongst three separate sets of developers. It appears that at least one of the developers does not intend to actively subdivide his portion of this subdivision, but is interested in extending the Preliminary Plan approval to boost the property value £or resale to speculators. No developer has processed any plat for any phase of this subdivision in over two and one-half years, and WHEREAS, considering the lack of processing for this plat in recent years, a seventh Extension o£ 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 not advanced; however, in March, 1999, with the request for this extension, the project engineer has submitted a Final Plat for the new second phase of this subdivision, along with an again-revised phasing plan. The processing of the Final Plat for the original second phase of this proposed subdivision has stalled, unrecorded. Staff has advised the developers that they may want to start over processing as separate subdivisions under each of their respective ownerships, per the pending, draft Subdivision Regulations. The developers are not interested in that approach, and instead are interested in keeping conditional approval for the old project alive, despite a lack of active processing of Final Plats for phases in the development, 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 seventh 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 comply with the Extension of Time Policy. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Conmfission on April 14, 1999, the Commission recommended APPROVAL of an Extension of Time for the Preliminary Plan subject to the following conditions: RESOLUTION NO. 99-181 Page 3 1. Compliance with all conditions of BOS Resolution Nos. 91-199, 93-240, 94-280, 95-331, 96-254, 97-245, and 98-288. 2. Unless a developer processes a Final Plat to recordation in the coming year for a phase of this subdivision, no further Extensions of Time will be granted for the conditional approval of this Preliminary Plan. 3. This Extension of Time will be in effect until June 5, 2000. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, April 21, 1999, and 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 as recommended by the Mohave County Planning and Zoning Commission and outlined herein. ATTEST: ~UPERVISORS