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Home My WebLink About99-191 INDEXED OPFICIAL RECORDS DP ~OHAVE COUN!'Y JOAN MC CALL, MOHAVE COUNTY RECORDER 07/02/199~ 12:02P PAGE ~U Ek MOHAVE COUNTY BOARD OF RECORDING FEE RESOLUTION NO. 99-191 A RESOLUTION SETTING FORTH AN EXTENSION OF TIME OF THE APPROVED PRELIMINARY SUBDIVISION PLAN OF BEAVER DAM RESORT, TRACT 3015, BEING A SUBDIVISION OF A PORTION OF SECTIONS 4 AND 5, TOWNSHIP 40 NORTH, RANGE 15 WEST, IN THE ARIZONA STRIP AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the special meeting of`the Mohave County Board of Supervisors held on June 30, 1999, a public hearing was conducted to determine whether approval should be granted for an Extension of Time as requested by the owner/developer, Bob Frisby, Beaver Dam, Arizona. The project engineer is Phylip Leslie and Associates, Inc., Cedar City, Utah, and WHEREAS, the property is located in the Arizona Strip, approximately one mile north of, the Interstate 15/County Highway 91 interchange. The property is accessed via the same interchange, then north along and east o£ County Highway 91, and WHEREAS, as originally approved, the Preliminary Plan of, this subdivision depicted 32 acres subdivided into 206 "park model" and RV lots, 33 twin-home lots (66 units), 11 acres o£various connnon area (including the private roadway areas), and had access to a neighboring golf, course, not a pan of, the actual tract boundary, which was at that time owned and maintained by the developer. The subdivision was reliant upon Special Development Zoning, and included very small lots, ranging from approximately 1,500 to 3,600 square feet, with an average lot size o£2,100 square feet, and WHEREAS, the developer has indicated in a letter dated March 29, 1999, that an Extension of`Time is being requested, as the developer needs more time to process and record the Final Plats f,or the remaining phases of this subdivision. Two phases have been recorded, and WHEREAS, the original Preliminary Plan f,or this tract was approved by the Mohave County Board of Supervisors on July 6, 1987, per P&ZC Resolution No. 87-100. A Final Plat for the first phase o£ this tract was recorded on October 23, 1987. The Final Plat £or the original Phase B was approved by the Board of Supervisors (by minute entry only) on October 3, 1958. However, the conditions of, that approval were never met by the developer and that version of'the Final Plat f,or Phase B was never recorded. This approval was rescinded formally on May 4, 1995, with the recordation of`the Final Plat of`Phase B, as conditioned in the sixth Extension o£ Time. The first, second and third Extensions of Time of, the approval of the original Preliminary Plan were approved by the Board of, Supervisors on October 7, 1991, per BOS Resolution No. 91-260. A condition was included that the development must be brought up to "today's codes". On May 20, 1992, the Board, by minute entry only, amended BOS Resolution No. 91-260 at the request of`the developer. The amendment caused the deletion of`the requirement f,or bringing the unrecorded PAGE 2 OF 'i. RESOLUTION NO. 99-191 Page 2 portion of the subdivision up to "today's codes", and kept the original conditions taken from the 1988 Final Plat approval. Those conditions required the developer to submit financial assurances, an acceptable engineer's cost estimate, and ADEQ approval of a sewer disposal system. The fourth Extension of Time of the original Preliminary Plan was approved in 1992, per BOS Resolution No. 92-251. The fifth extension was granted on September 7, 1993, per BOS Resolution No. 93-247. The sixth extension was approved on November 3, 1994, per BOS Resolution No. 94-382, expiring on July 5, 1995. BOS Resolution No. 94-382 also recognized a revised Preliminary Plan, dated September 22, 1994, as the approved Preliminary Plan for the balance of the subdivision, which would henceforth be the subject of annual extensions of plat approval. The new Final Plat for Phase B was approved by the Board on April 3, 1995, per BOS Resolution No. 95- 154. The new Final Plat for Phase B was recorded on May 4, 1995. All remaining assurances for the completion of improvements for Phase B were released and as-built improvement plans approved for that phase on February 5, 1996, per BOS Resolution No. 96-36. The seventh, eighth, ninth and tenth extensions were granted on May 4, 1998, per B OS Resolution No. 98-162, with project approval automatically expiring on July 6, 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 WHEREAS, the Mohave County Public Works Deparm~ent 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, including without limitation, roadways and easements including utilities, drainage, etc., will be reviewed by the County and the County Flood Control District and any required changes or modifications will be the responsibility of the developer, and WHEREAS, this action, if approved, will be the eleventh (1 lth) 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 due to the following: 1) A phase of this subdivision has not been recorded in the past two years; and 2) the Extension of Time Policy does not anticipate as many extensions as have been granted this project, considering this slow rate of development. c. The developer has, with this request, submitted a Final Plat submittal for Phase C, the third of four phases in this subdivision. d. The developer has sold significant adjacent acreage to another owner, including what had previously been proposed as Phase D, and portions of Phases E and F. e. The phases of Tract 3015 are being platted with private roads. f. The developer has, since the last extension, forwarded letters to Mohave County in an effort to demonstrate that he is working toward the resolution of some issues which he has previously claimed prevented him from moving this project to recordation. That notification indicates an intent to keep this project alive; however, it does not appear to demonstrate actual progress toward the completion of this development. RESOLUTION NO. 99-191 Page 3 WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on May 12, 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 P&ZC Resolution Nos. 87-100, 87-101, and BOS Resolution Nos. 94-382 and 98-162. 2. Final Plats submitted must conform to the approved Preliminary Plan for Tract 3015 dated September 22, 1994, and must adhere to the approved phasing plan of the same date. 3. All remaining phases of this subdivision shall be served by an ADEQ approved central sewage treatment system, and Phase B of this subdivision shall also be hooked up to that service concurrently with Phase C. 4. The developer shall obtain and provide to the Plarming Director the ADEQ Approval of Sanitary Facilities, the ADEQ Approvals to Construct, and the ADEQ Approvals of Construction of the sanitary facilities in the subdivision, prior to scheduling the Final Plat for each respective remaining phase, for the consideration of the Board of Supervisors. 5. Prior to the recordation of the Final Plat for Phase C, the developer shall process through the Planning and Zoning Depaxtment an updated Preliminary Plan reflecting the reduced acreage of the tract, and showing Phases C and D remaining. That Preliminary Plan, if and when approved by the Boaxd of Supervisors, following a recommendation from the Planning and Zoning Commission, shall replace the previously approved Preliminary Plan dated September 22, 1994, as the approved Preliminary Plan from which the balance of the subdivision will be processed. 6. Final Plats submitted for Phases C and D shall include sufficient usable open space to meet compliance with the reqnirements of Article 7.5, as an~ended, of the Mohave County Subdivision Regulations. 7. Unless significant progress, including the recordation of the Final Plat for Phase C of this subdivision, is made in the coming year toward the completion of this development, no further Extensions of Time will be granted for the conditional approval of the Preliminary Plan for Tract 3015. 8. This Extension of Time will be in effect until July 6, 2000. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, May 19, 1999, and posted on May 21, 1999, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. RESOLUTION NO. 99-191 Page 4 NOW THEREFORE BE IT RESOLVED, that the Boaxd of Supervisors, at their special meeting on Wednesday, June 30, 1999, APPROVED this Extension of Time as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHAVE COUNTY BOARD OF SUPERVISORS ATTEST: s~ Jame