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HomeMy WebLinkAbout99-274 RESOLUTION NO. 99-274 A RESOLUTION SETTING FORTH AN EXTENSION OF TIME OF THE APPROVED PRELIMINARY SUBDIVISION PLAN OF COURTNEY PARK EAST, TRACT 4147, BEING A SUBDIVISION OF A PORTION OF THE SWXA 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 Cotmty Board of Supervisors held on August 9, 1999, a public hearing was conducted to determine whether approval should be granted for an Extension of Time as requested by the owner/developer, Dennis Gootrad of Mohave Development, Inc., Westlake Village, California. The project engineer is A-N West, inc., Bullhead City, Arizona, and WHEREAS, the property is located approximately one ,rind one-half miles south of Bullhead City. The property is accessed via State Highway 95, then east on Aztec Road, then south along and east of Mesa Villas Drive, mid WHEREAS, the Preliminary Plma depicts 7.12 acres subdivided into 34 multi-family residential lots, ranging in size fi~om 7,000 to 12,025 square feet, and WHEREAS the developer has indicated in a letter dated April 8, 1999, that an Extension of Time is being requested, as the developer needs more time to process and record the Final Plat for the remaining phase of this subdivision. Two phases have been recorded, and WHEREAS, the Preliminary Plm~ tbr this tract was approved by the Mohave County Board of Supervisors on July 6, 1992, per BOS Resolution No. 92-232. The Final Plat for Tract 4147-A was approved on May- 17, 1993, per BOS Resolution No. 93-143. Thc first Extension of Time of the conditional approval of the Preliminary Plan tbr this tract was granted on September 6, 1994, per BOS Resolution No. 94-294. The second extension was granted on September 5, 1995, per BOS Resolution No. 95-363. The third extension was granted on August 5, 1996, per BOS Resolution No. 96-278. The Final Plat for Tract 4147-B was approved on February 18, 1997, per BOS Resolution No. 97-55. The fourth Extension of Time for the approval of the Preliminary Plan was grauted on July 7, 1997, per BOS Resolution No. 97-221. The fifth extension was granted on September 8, 1998, per BOS Resolution No. 98-309, 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 nray be granted by the Board of Supervisors if the subdivider is actively processing the Final Plat. if such action is not tal(en then all proceedings relating to the plat shall be terminated.", and RESOLUTION NO. 99-274 Page 2 WHEREAS, the Final Plat lbr Tract 4147-A was recorded on May 20, 1993. hnprovements for Tract 4147-A were completed and the assurances released. The Final Plat for Tract 4147-B was recorded on March 12, 1997. Improvements have not yet been cotnpleted for Tract 4147-B. Those improvements include the pm'k in Pm'cel A, and WHEREAS, the Mohave County Public Works Department has indicated that upon receipt of any additional submittals of this project t~r processing, the adequacy of the drainage aud compatibility of this proposed sabdivision with surrounding development will be reviewed. They have recommended that any required changes or lnodifications will be the responsibility of the developer, and WIIEREAS, staffrecommended denial of this request, as the developer has not submitted a Final Plat for the third and remaining phase of this subdivision, mad since the last extension has not submitted any documentation to demonstrate the completion of any additional improvements for previously recorded Tract 4147-B, or the park parcel in Tract 4147-A, and as last year's extension included a provision that without such progress, staff would recommend denial of any further extensions. The developer convinced the Planning Commission to recommend approval for one more extension, and WHEREAS, this request was taken before the Planning and Zoning Commission at their meeting on May 12, 1999, but was cominued 30 days by the Commission due to the absence of the developer. Due to a missed advertising deadline, the item was continued for a second month to the Commission's meeting on July 14, 1999. In that time the prc4iect technically expired; however, the developer was not responsible for the expiration, and WHEREAS, this action 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 comply with the Extension of Time Policy due to the following: 1) A phase of this snbdivision has not been recorded in the past two years; mad 2) the project engineer in the past year has not demonstrated, through the submittal of as-built plans, the completion of improvements Ibr Tract 4147-B, nor the park improvements in Tract 4147-A. c. The developer has not submitted a Final Plat for Phase C, the third and last phase of this subdivision. WHEREAS, at the public hearing befbre the Mohave County Plamfing and Zoning Commission on July 14, 1999, the Conrmission recommended APPROVAL of an Extension of Time for the Preliminary Plan subject to the following conditions: 1. Compliance with all conditions of BOS Resolmion Nos. 92-232, 94-294, 95-363, 96-278, 97-221, and 98-309. RESOLUTION NO. 99-274 Page 3 2. No further Extensions of Time will be granted for the conditional approval of the Preliminary Plan fbr Tract 4147. The Final Plats for the remaining phase of this subdivision must be processed and recorded prior to the expiration of this last extension. 3. This Extension of Tilne 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 Couuty, Arizona, July 21, 1999, and posted on July 23, 1999, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Super¢isors, at their regular meeting on Monday, August 9, 1999, APPROVED this Extension of Time as recommended by the Mohave County Plalmiug and Zoning Commission and outlined herein. MOHA~PERVISORS --'"' James R. ~ PAGE 3 OF L~ BK ~'"~'~',.~--%,o F'({~ 724 m:'i:'~.oo~ ~:~ :, .: