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HomeMy WebLinkAbout94-387 \\ .'- ~\)'/ . . . IND5X5Q. Q .J mtIFIMBt " RESOLUTION NO. 94-3S7 A RESOLUTION AMENDING RESOLUTION NO. P&ZC: 81:1-174, WHICH SET FORTH CONDITIONAL APPROVAL OF THE PRELIMINARY SUBDIVISION PLAN FOR DESERT LAKES GOLF COURSE AND ESTATES, TRACT 4076, A PROPOSED SUBDIVISION OF 306 ACRES S:I'l'UATED IN PORTIONS OF SECTIONS 35 AND 36, TOWNSHIP 19 NORTH, RANGE 22 WEST, LOCATED IN THE SOUTH MORAVE VALLEY AREA, MORAVE COUNTY, AR:IZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held November 3, 1994, a public hearing was conducted to determine whether approval should be granted for an amendment to Resolution No. P&ZC: 88-174 which set forth the approval of the preliminary Plan for Desert Lakes Golf Course and Estates, Tract 4076. The proposed amendment altered requirments regarding certain block walls within the subdivision, and WHEREAS, language to be added has been bolded. deleted has been atr\10It, and Language to be WHEREAS, Resolution No. P&ZC: 88-174 was approved by the Board of Supervisors at their meeting on November 1, 1988, following rec~ndation by the Planning and Zoning Co.-ission, and WHEREAS, the request for this amendment was set forth in a letter written by Angelo Rinaldi, President, Dese~t Lakes Golf Course and Estates, Fort Mohave, kizona, dated Ap~il 15, 1994, which states: "This letter will serve as a request to change or lIIIIeJld S()llle i t_s that were included in our Final Plats for the above referenced subdivision tracts. We request a resolution cove~ing these items be presented to the Board of Supervisors for their approval. "1. Sewer Treatment Plant Block Wall: This was eli.inated and in its place a building was placed over the plant to mitigate any noise or odor. This was preferred and approved by ADEQ and the County at that time. A six-foot chain link locked fence is in place, in addition to the treatment plant being built at a lower grade to further help mitigate noise, smell and sight. We have also planted oleanders in front of the plant (see photos). . . RESOLUTION NO. 94-387 Page 2 "2. Block Wall West Boundary: The plan for this wall running along Wishing Well Drive was dropped several years ago for several reasons. There is no homeowners' association at Desert Lakes, therefore the proposed wall would have belonged to the County. The County deter1llined that they did not want the responsibility for maintenance and liability: thus, the plan was dropped. Also, enclosed are letters from property owners who live west of the proposed wall. They are objecting to this construction as it would take away their view of the golf course and also other plans they may have for their property. "We own land along Wishing Well and also object to the wall as we are in the process of annexing that property into Desert Lakes and the entrance to those lots will be Wishing Well. "The builder of several homes along Wishing Well has taken out a per1llit to construct a wall along the back of those homes. He has built approximately t~ee feet of the wall and has abandoned it, leaving rebar and a half-finished job. We feel he should finish the job. "3. Lipan Bouleva~d; We have completed that portion of Lipan Boulevard that was required in Desert Lakes 4016-B, namely the remainder of the street to the end of our property line including curbs. That portion of Lipan that is west of our property line approximately 250 feet is included in our phase 4016-E. We plan on submitting that within the next year.", and WHEREAS, according to official records on file in the Planning and Zoning office, building per1llit no. B-91-759 was issued August 9, 1991. This per1llit was drawn for Desert Lakes 4016-A, Block C, Lots 3- 13. The per1llit authorized the construction of a 110-foot-long, eight- inch concrete block retaining wall across the rear of Lots 3-13. The height of the retaining wall was to be two feet high across Lots 9-13 and three feet high across Lots 3-8, and WHEREAS, letters objecting to the six-foot block wall along the west boundary of Desert Lakes were signed by residents of the adjoining subdivision to the west, Mohave Mesa Ac~es, Tract 1020. The street addresses of the signato~ies were 5590, 5820, 5824, and 5868 Tableau Drive. Research of the Assessor's map fo~ that subdivision revealed that each of these lots has frontage on Wishing Well Drive and Tableau Drive. The legal access for these lots is from Tableau Drive in Mohave Mesa Acres, and PAl;E 2DF 9 BK 2~9~ P6 ~~~ lFEEt9+-b920Q) . . RESOLUTION NO. 94-387 page 3 WHEREAS, following consideration by the Hohave County Planning Commission at the May 11, 1994, ~eting, a recommendation for conditional app~oval as recommended by staff was sent to the Board of Supervisors. At the BOS meeting on June 6, 1994, the matter was continued at the request of the applicant, and WHEREAS, on August 31, 1994, a copy of a letter drafted by Weiss and Sondgeroth, Attorneys a~ Law, addressed to Mr. Angelo Rinaldi, was received in ~he Planning and Zoning office. The letter was to confirm the agreement reached between the developers of Dese~t Lakes Subdivision and the owners of Lots C-3 through C-14, and Lots D-1 and D-2. The agreement specified that the Developer (Desert Lakes Developa>ent, L.P.) would pay for and const~ct a six-foot scX'eening wall along the western boundary of the subdivision behind Lots C-1 through C-14 and Lots D-1 and D-2. The X'emaining portion of the western boundary would be left without a wall except the poX'tion required to be constructed at the southern end of the boundary across from the junkyard. The letter further stated that ~he owneX'8 of the above referenced lots would support the application of the developer to modify the perimeter wall requi~ements to conform to the agreement, and WHEREAS, on September 1, 1994, a letter was received by Planning and zoning from Mr. Angelo Rinaldi, pX'esident of Desert Lakes Development, L.P., which stated agreement with the above referenced letter from the law firm of weiss and SondgeX'oth. The only claX'ification requested by Mr. Rinaldi was that the wall on the southern end of the project be con8t~cted with the development of Phase "E", and WHEREAS, at the regular meeting of the Mohave County Planning and Zoning Commission, held in the Board of Supervisors Meeting Room in Arnold Plaza, 315 Oak Street, Kingman, Arizona on OCtober 12, 1988, discussed was the drainage report, petition of exception and preliminary subdivision plan for Desert Lakes Golf Course and Estates, Tentative Tract 4076, and WHEREAS, the owner/subdivider is 8e~la Enterprioc, Ino., Dnr~ Cpcnoc, pr.inoiJlsl Dese~t Lakes Development, L.P. The engineer who prepared the drainage report identifying the contributing drainage areas and flood conditions, and responsible for developing the proposed method of handling storm runoff is Herb Shipley, P.E., Kingman, Arizona. The engineer responsible for the design of this subdivision is George Suthers, P.E., South pointe Consultants, Laughlin, Nevada. The engineering firm currently repre8enting the owner/developer on this project is Holland West, Inc., Bullhead City, Arizona, and PAGE J OF 9 8K 2495 P6 4+~ (FEEt94-692QOI . . RESOLUTION NO. 94-387 Page 4 WHEREAS, this proposed subdivision is located roughly one-half to one (l) mile east of Highway 95, is east of Mohave Mesa Acres, adjoins the new elementary school site and is between Joy Lane and Mppan Lipan Boulevard, and WHEREAS, the primary access to this residential lot subdivision and public golf course is intended from Joy Lane. A secondary or future access will be provided from l.-ippan Lipan Boulevard and also Mountain View Road, and WHEREAS, the preliminary plan depicts roughly 306 acres subdiVided into 699 residential lots, a four (4) acre parcel intended for multiple family development and an eighteen (18) hole golf course, for an overall density of 2.2 lots per acre. The minimum and typical lot sizes are 6,000 square feet. The maximum residential lot size is 8,000 square feet, and WHEREAS, sewage disposal is intended to be taken care of with a sewage treatment plant to be located on a five (5) acre parcel adjoining this subdivision in the SW~ of Section 35, south of Mohave Mesa Acres, and WHEREAS, it is proposed that all lots in Desert Lakes be zoned R- o (Single Family Residential/Mobile Homes Prohibited), a four (4, more or less) acre parcel at the southwest corner of the property be zoned R-M (Multiple :Family Residential) and the golf course and clubhouse parcels be designated on the plat for those specific uses, and WHEREAS, the owner/subdivider has excluded a roughly ten (lO) acre parcel on the south side of Joy Lane adjoining the elementary school at the entrance from this subdivision plan. The possibility of reserving this parcel for school expansion or park purposes has been discussed, and WHEREAS, this subdivision is designed with a curvilinear street pattern and a block or masonry wall is planned around portions of the subdivision perimeter, and WHEREAS, the preliminary plan depicts half (.;-) width right-of- ways for Lippan Lipan Boulevard, Mountain View Road and "Cholla" Drive. The owner/subdivider is requesting matching right-of-ways from the adjoining property owners, and WHEREAS, reviews have been received from the county Engineer /Floodplain Administrator, Mohave County Health Department, Bermuda Water Company, Inc., Bullhead City, the Arizona Department of Transportation, the Fort Mohave Mesa Fire Department, El Paso Natural Gas Company, the Fort Mohave Indian Tribe, and considered or incorporated into the evaluation of this tentative tract, and PAGE -4 OF 9 BY. 2495 PG 446 (fEE~'4-692OQl . . RESOLUTION NO. 94-387 Page 5 WHEREAS, Bermuda warranty regarding the flows, and Water Company has stated that they make no availability and sufficiency of water for fire WHEREAS, the Fort Mohave Indian Tribe has expressed concerns that developments on the Mesa to include Section 35 may worsen flooding problems ~n the lower Mohave valley area, and WHEREAS, the approval of this subdivision ~s based on the understanding of this Commission and the Board of superv~sors that all streets with~n the subdiv~s~on will be constructed and paved with asphaltic concrete in accordance with standard specification #171 or better; the streets will include curb and gutter; a water supply and distribut~on system including fire flows will be constructed to serve each lot; a sewage treatment facility and a sewer system to service each lot will be provided by the owner/subdivider; grading and drainage related improvements will be made as recommended by the des~gn engineer in the submitted drainage reports; arrangements will be made to extend underground electric and telephone service to each lot in accordance with Arizona Corporation Commission Regulations; all lots and street centerl~ne monuments will be staked and monumented in accordance with standard spec~f~cation No. 102; f~re hydrants will be provided at locations prescribed by the Fort Mojave Mesa Fire Department; street name and regulatory signs will be installed in accordance with the requirements of the Mohave County Subdiv~sion Regulations and as recommended by the design engineer and as a condi tion of approval the owner/subdivider ~s respons~ble for the completion of the improvements and shall provide an assurance for all required subdivision improvements in accordance with Article V of the SUbdivision Regulations, and WHEREAS, the E~ of Section 35 and the W~ of Section 36 are FEMA designated floodplains, and WHEREAS, the development of the E~ of Section 36, Sun Valley, has channelized the contributing storm runoff into "Joy-Antelope" and "Gazelle" drains. This channelized runoff breaks into a sheet flow across the unsubd~vided lands between Sun Valley and the portion of this site in Section 35. Gazelle Drain directs channel~zed flows onto this proposed subdivis~on, and WHEREAS, the proposed method of handling storm runoff is to intercept these contributing flows by the north-south streets along the east boundary of the subd~v~sion, Le., Clubhouse Dr~ve (Cholla Drive) and Mountain View Road and/or the golf course fairways. The golf course is intended to be designed to intercept both channelized and sheet flows and to convey and retain storm runoff to the extent possible to prevent or minimize adverse effects on downstream properties. Finished floor elevations are to be set fourteen (14") inches or more above the water surface elevation from the 100 year frequency storm to protect residential structures from flood damage. This elevation will be a minimum of three (3') feet above the depressed fairways, and PAGE S OF 9 ilK 24" PG 447 (FEE'94-692QO) . . RESOLUTION NO. 94-387 page 6 WHEREAS, this Commission has evaluated the drainage report and proposed method of handling storm water recommended by the design engineer and as evaluated by the County Engineer, and WHEREAS, this project site is within the Mohave Valley Irrigation and Drainage District, and WHEREAS, a peti tion of following deviations from Regulations, as follows: exception has been submi tted for the the requirements of the Subdivision A. BlockS A, B, 1,320 foot Regulations; E, F, H,. L, M, maximum stated N, & 0 are all in excess of the in Mohave County Subdivision B. Lots adjacent to fairways which intersect curved street right-of-way have non-radial lot lines; C. Certain lots have double frontage including lots in Mohave Mesa Acres; D. Some perimeter streets have only half-width right-of-way; E. Interior streets are designed with inverted crowns; F. Storm water runoff flowing in some streets will exceed the runoff generated by the ten (10) year frequency storm; G. certain rights-of-way and easements presently encumber the property; H. Some parcels are residential use; irregular and are unsui table for I. Certain lots have non-radial lot lines; J. The subdivision is designed with lots fronting along Mountain View Road and l4flpaft Lipan Boulevard which are designed as future arterial routes within this subdivision; K. This subdi vision is designed wi th eight ( 8 ') foot wide public utility easements at the front of the lot as opposed to a sixteen (16') foot wide public utility easement at the rear lot line as per Article 6.9-1 of the Mohave County Subdivision Regulations, and WHEREAS, the special circumstances affecting said property and/or that may warrant granting the exceptions are as follows: PAGE 60F , " ..f BK 2495 P6 448 lFEEC94-&9200) . . RESOLUTION NO. 94-387 Page 7 A. This proposed development includes and the streets, lots and drainage system are designed around this eighteen (18) hole golf course; B. The adjoining landS to the east and south are unsubdivided. The section to the south is part of the Fort Mojave Indian Reservations; C. The adjoining property to the west, Mohave Mesa Acres, is subdivided and backs lots up to the mid-sectionline; O. A portion of the adjoining property to the north is a school site and no right-of-way has been provided for the extension of a mid-section1ine road, and Be it resolved that this Commission approves the said preliminary plan and peti tion of exception and recommends that the Board of Supervisors approve the same, conditional to the following: 1. The developer improvements in Commission as is Board; will make the same commitments for the prospectus to the State Real Estate required for approval of this tract by the 2. Arizona Department of sewage facility and subdivision; Environmental Quali ty approves the sewer treatment system for this 3. Arizona Department of Health Services approves the water supply and distribution system; 4. The water system will provide adequate flows for fire protection. Fire hydrants conforming to the minimum County standards shall be provided and located no more than eight hundred (800) feet apart and/or fire hydrants acceptable to the Fort Mohave Mesa Fire Department at the location they prescribe; 5. The owner/subdivider shall cause the drainage related improvements to be completed as recommended by the project engineer and outlined in the detailed drainage report; a grading plan shall be provided as a part of the improvement plans for this subdivision; 6. The Board of Supervisors shall approve a zone change prior to recording the final plat; 7. The owner shall obtain the matching right-of-way for LipP3n Lipan Boulevard, Mountain View Road and Cholla Drive prior to recording the final subdivision plat(s); PAGE 7 Of' 9 .. BK 247$ PG 449 (FEE.9~-69200) . . RESOLUTION NO. 94-387 Page 8 8. The existing easements which affect the design or lot layout shall be extinguished or abandoned prior to recording the final subdivision plat; 9. A Oil' (~') Block walls shall be provided around portions of this tentative tract to physically restrict access, aftd separate this development, and the proposed otreete from the lots in Mohave Mesa "\oreo and to buffer the R-M (Multiple Family Residential) zoned parcel from the M (General Manufacturing) zoned property to the west; .~. eleel. vall onall also ee proviaed around the sewage treatment plant as set forth in conditions 17, 18, and 19 of this resolution; 10. A vehicular non-access provided as necessary to double street frontage; easement and barrier shall be restrict access where the lots have ll. The public utility easements shall be depicted on or across all lots and all parcels shall be designated as drainage and public utility easements on the final subdivision plat(s); 12. The proposed street names will be changed to eliminate conflicts with existing names and conform to the street naming regulations; l3. The FEMA designated floodplain shall be depicted and/or noted on the final plat; 14. The owner/subdivider shall arrange for the extension electriC and telephone service to this subdivision; of 15. All side lot lines shall be radial or perpendicular to street on the final plat except those outlined in petition of exception or as allowed per Article 6.7-l of Mohave County Subdivision Regulations; The preliminary plan is to be redesigned to reduce number of lots Which front along arterial roadways; the the the 16. the 17. A six- foot high chain link fence with oleander screening shall be constructed to conceal the sewer treatment plant; 18. The developer of Desert Lakes shall pay for and construct a six-foot high block wall along the rear property lines (western boundary) of Lots C-1 through C-14 and Lots 0-1 and 0-2; PAGE 8 OF 9. BK 2~95 PG ~50 <FEE.94-69200> .' . . RESOLUTION NO. 94-381 Page 9 19. All other requirements for walls along the weste~n boundary of this property are hereby deleted with the exception of a six-foot high block wall which shall be constructed from Lipan Boulevard north approximately 325 feet along the west boundary to buffer the Desert Lakes R-M (Multi-Family Residential) zoned property from the M (General Manufacturing) zoned parcel to the west of this property. This wall shall be constructed prio~ to the completion of Phase uK..... WHEREAS, at a public hearing on October l2, 1994, the Mohave County Planning and Zoning Commission recommended APPROVAL of the proposed amendment to Resolution No. P&ZC: 88-174 subject to the changes indicated above. WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation, in Kingman, Mohave COunty, Arizona on October 16, 1994, as required by the Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Thursday, November 3, 1994, amended Resolution No. P&ZC: 88-174 as recommended by the Mohave County Planning and Zoning Commission, subject to the conditions outlined herein. Attest: Mohave County Board of Supervisors ~ e, WdJt1 JCl~ C. Ward, Chairman PAGE 9 or 9 BK 2495 PG 4~1 (FEE:94~69200)