Loading...
HomeMy WebLinkAbout95-477 \~ \) . . MICROFilMED TNDEXED 95063938 ilK 2658 PG 260 OFFICIAL RECORDS OF MOHAVE COUNTY, AZ JOAN Me CALL, MOHAVE COUNTY RECORDER 12/07/95 12:45P PAGE 1 OF 8 NOHAVE COUNTY BOARD OF SUPERVISORS REORDI~G FEE 0.00 RESOLUTION NO. 95-477 r--' <3'-/ <~~- \1-.\ ;;" ,,; .".,. r<.r: -,". . /" ',) q (..,').~." ? j2. {1l"'~ . .. A RESOLUTION SETTING FORTH A PRELIMINARY SUBDIVISION PLAN AND PETITION OF EXCEPTION FOR SAGECREEK ESTATES, TRACT 4155, BEING A PORTION OF THE EY2 NEY.., SECTION 14, TOWNSHIP 19 NORTH, RANGE 22 WEST, IN THE SOUTH MOHA YE VALLEY AREA, MORAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on December 4, 1995, a public hearing was conducted to determine whether approval should be granted for a Preliminary Subdivision Plan and Petition of Exception for the above described subdivision, as requested by representative G. Kelly Grier of Stovall Engineers, Inc., of Bullhead City, Arizona, and WHEREAS, the property is located east of Highway 95, south of Sterling Road and west of Mountain View Road. The site is bounded on the north by Bullhead City's corporate boundary. Access to the subdivision is from Highway 95 via Camp Mohave Road, then east to Mountain View Road, then north on Mountain View Road to the site. The property is designated as an Urban Development Area by the Mohave County General Plan, and WHEREAS, a Preliminary Plan for this subdivision was previously approved per BOS Resolution No. 91-47. The subdivision was known as The Overlook, Tract 4137. The owner/developer redesigned the subdivision which required the subdivision to go back through the Sketch Plan and Preliminary Plan approval process, and WHEREAS, the site was conditionally rezoned to R-O (Single-Family ResidentiallMobile Homes Prohibited) per BOS Resolution No, 91-205. This resolution is being amended for Sagecreek Estates, Tract 413 7, in a concurrent action, and WHEREAS, the Preliminary Plan depicts 80-plus acres subdivided into 289 single-family residential lots, four drainage parcels and one roadway turnaround parcel. Single-family residential lot size will be 7,000 square feet minimum with a maximum lot size of 14,598 square feet, and WHEREAS, electric power will be provided by Mohave Electric Cooperative; telephone provided by Citizens Utilities Company; sewage treatment provided by a "community treatment facility", or other approved sewage treatment system; water provided by Bermuda Water Company; natural gas provided by Southwest Gas Company; solid waste disposal provided by Tri-State Refuse; cable TV provided by Dimension Cable; and fire protection provided by Fort Mojave Mesa Fire Department, and . . RESOLUTION NO. 95-477 Page 2 WHEREAS, Petitions of Exception were submitted for the following: I. Ten-foot front yard Public Utility Easements in favor of 16-foot rear yard Public Utility Easements - This request is for the entire subdivision. Section 6.9 of the Mohave County Subdivision and Road Maintenance Regulations, herewith to be known as the "Subdivision Regulations", requires easements at least 16 feet in total width be provided along rear lot lines. 2. A block length greater than 1 ,320 feet - This request is for Block 7 which is approximately 1,550 feet. Section 6.6-1-A of the Subdivision Regulations requires that blocks shall not be more than 1,320 feet in length. 3. Single-tiered and double-fronted lots - This request is for Block 1, Lots 1-6; Block 2, Lots 1-3 and 8-10; Block 6, Lots 1-11 and 13-19; Block 7, Lots 12-14 and 18-33; Block 14, Lots 1-13 and 16-23. Section 6.6-1-B of the Subdivision Regulations require that blocks shall be wide enough to allow two tiers of lots of minimum depth. 4. Comer lots that are not ten feet wider than the average width of the lots within that block - This request is for comer lots throughout the subdivision. Section 6.7-7 of the Subdivision Regulations requires that where residential lots are designated with minimum areas, comer lots shall be at least ten feet wider than the average width of the lots within that block. 5. Non-Radial Side Lot Lines - This request is for the shared property lines in Block 3, Lots 12 and 13 and Lots 16 and 17; Block 6, Lots 9,10 and 11 and Lots 29, 30 and 31; Block 7, Lots 17 and 18, Lots 21 and 22, Lot 24 and Parcel B and Lot 25, and Lots 32 and 33; Block 10, Lots 7 and 8; Block II, Lots 15 and 16 and Lots 19,20 and 21; Block 12, Lots 8 and 9, Lots 15 and 16 and Lots 21 and 22; Block 13, Lots 16 and 17; and Block 14, Lots 22 and 23. Section 6.7-1 of the Subdivision Regulations require lot lines to be within five (50) degrees of a right angle to the road right-of-way. 6. Non-improvement of Mountain View Road - This request is for that portion of Sundance Road approximately 2,000 feet west to Sterling Road, Section 4.3-3 of the Subdivision Regulations provides that access roads". . . shall conform to all construction standards and specifications adopted by Mohave County's Subdivision and Road Improvement Regulations and adopted by the Board of Supervisors." It should be noted that the eastern part of the right-of-way was also dedicated by the adjacent subdivision developer and petitioned for non-improvement. 7. Non-improvement of Sterling Road - This request applies along the I 322.65-foot northern edge of the property. Section 4.3-3 of the Subdivision Regulations provides that access roads". . . shall conform to all construction standards and specifications adopted by Mohave County's Subdivision and Road Improvement Regulations and adopted by the Board of Supervisors. " PAGE 2 OF 8 BK 2658 PG 261 FEE~95063938 . . RESOLUTION NO. 95-477 Page 3 8. Right-of-way (35 feet) less than standard (70 feet) for Valencia Road - This request applies from the southwest comer of the subdivision some 1,325 feet east to Mountain View Road. Section 4.3-6 of the Subdivision Regulations states that if a half-width dedication is part of a subdivision, the developer is responsible for the improvement of this half-street. Also, Section 6.4- I 9 of the Subdivision Regulations requires that half-width rights-of-way shall be improved to one-half the ultimate full improvement width or with a minimum roadway width of 24 feet, whichever is greater. This petition is submitted as a request that the Planning and Zoning Commission recommend to the Board of Supervisors the granting of these exceptions from the Mohave County Subdivision Regulations as outlined in Section 1.13 with the following justification: PAGE 3 OF g BK 2658 PG 262 FEE~95063938 I. Ten-Foot Front Yard Public Utility Easements. A. The granting of this petition will not be detrimental to the public welfare or injurious to other adjacent properties because: . Public Utility easements have been provided to all lots. B. The request will not nullify the intent of the Master Plan of the county or other regulations because: . Public Utility easements have been provided to all lots. C. The special circumstance or condition affecting said property is as follows: . Utility companies require a 1 O-foot public utility easement (PUE) at the front oflots. 2. Block len~h greater than 1.320 feet. A. The granting of this petition will not be detrimental to the public welfare or injurious to other adjacent properties because: . The longer block enhances drainage and traffic flow. B. The request will not nullify the intent of the Master Plan of the county or other regulations because: . Adequate access and traffic circulation is provided. . . RESOLUTION NO. 95-477 Page 4 C. The special circumstances or conditions affecting said property are as follows: . Adjacent property is either not yet developed or is incompatible, and . In the case of Mountain View Road, will not be developed in the near future. 3. Sin~le-tiered and double-fronted lots with one (I) foot Non-Vehicular Access Easement. A. The granting of this petition will not be detrimental to the public welfare or injurious to other adjacent properties because: PAGE 4 OF 8 BK 26S8 PG 263 FEE~95063938 . Access to the lots will be limited. B. The request will not nullify the intent of the Master Plan of the county or other regulations because: . Adequate access to the lots will be provided. C. The special circumstances or conditions affecting said property are as follows: . It will prevent direct lot access to those streets, creating a safer traffic flow. . Adjacent lands are either not yet developed or are not compatible, and . In the case of Mountain View Road, will not be developed in the near future. 4. Comer lots that are not 10 feet wider than the average width of the lots within that block. A. The granting of this petition will not be detrimental to the public welfare or injurious to other adjacent properties because: . The informed (upon point-of-sale) comer lot owner is the only person affected. B. The request will not nullify the intent of the Master Plan of the county or other regulations because: . All setbacks will be met. C. The special circumstance or condition affecting said property is as follows: . All lots are at a minimum of 7,000 square feet which is more than the County minimum lot size of 6,000 square feet. . . RESOLUTION NO. 95-477 Page 5 5. Non-radial side lot lines. A. The granting of this petition will not be detrimental to the public welfare or injurious to other adjacent properties because: . Adequate building envelopes are provided, and do not, in any way, affect public welfare issues. B. The request will not nullify the intent of the Master Plan of the county or other regulations because: . Only thirty-six (36) lots are affected in the design of the curvilinear streets which are promoted by Mohave County's Subdivision and Road Maintenance Regulations. C. The special circumstance or condition affecting said property is as follows: . Use of radial lot lines in these cases would result in broken side lot lines. 6. Non-im,provement of Mountain View Road. A. The granting of this petition will not be detrimental to the public welfare or injurious to other adjacent properties because: . Alternative circulation is provided. B. The request will not nullify the intent of the Master Plan of the county or other regulations because: . Alternative circulation is provided. . There is no advantage to the County to improve this short section of Mountain View Road as it continues only a short distance further before terminating. C. The special circumstance or condition affecting said property is as follows: . The EI Paso gas line which is within this right-of-way would have to be relocated or lowered. 7. Non-improvement of Sterling Road: A. The granting of this petition will not be detrimental to the publiC welfare or injurious to other adjacent properties because: . Alternative circulation is provided. PAGE 5 OF 8 BK 2658 PG 264 FEE~950b3938 . . RESOLUTION NO. 95-477 Page 6 B. The request will not nullify the intent of the Master Plan of the county or other regulations because: . Alternative circulation is provided. C. The special circumstances or conditions affecting said property are as follows: . There are utility poles, public utility easements and a gas line easement within the right-of-way for Sterling Road, making this road impractical to continue. 8. Right-of-way (35 feet) less than standard (70 feet) for Valencia Road. A. The granting of this petition will not be detrimental to the public welfare or injurious to other adjacent properties because: . Adequate paved access will be provided. B. The request will not nullify the intent of the Master Plan of the county or other regulations because: . Paved traffic lanes will be adequate and general traffic circulation will be promoted. C. The special circumstances or conditions affecting said property are as follows: . Valencia Road is only partially improved. . This exception would allow improvements to connect from Highway 95 to Mountain View Road. . Additional right-of-way cannot currently be obtained to the south of the road centerline. An attempt is being made at this time to obtain an additional 35 feet of right-of-way. WHEREAS, the following are Findings of Fact for the above captioned item: a. All notices have been advertised and posted according to regulations. b. The proposed action complies with the Mohave County General Plan. The property is designated as an Urban Development Area. c. The site is adequate for the action intended and the use is consistent with the surrounding land uses. d. The subdivision is in FEMA flood zones "A". "AO" and "C". e. The site is concurrently and conditionally being rezoned to R-OI7M (Single-Family ResidentialIMobile Homes Prohibited/7,000 Square Foot Minimum Lot Size), per BOS Resolution No. 91-205 as amended in a concurrent action. PAGE 6 OF 8 BK 2658 PG 265 FEE~95063938 . . RESOLUTION NO. 95-477 Page 7 WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on November 8, 1995, the Commission recommended APPROVAL for a Preliminary Plan and Petition of Exception subject to the following: 1. The approval of this subdivision is based on the understanding by the Commission and the Board of Supervisors that all streets within the subdivision will be constructed and paved with asphaltic concrete in accordance with Standard Specification # 171 and # 10 1.1 OD of the County Engineering Road Standards or better; all of the interior streets will be standard crown with rolled curb. The water quantity and quality will be approved by the Arizona Department of Water Resources. The water distribution system, including adequate pressure and volume for fire flows, will be constructed to serve each lot and be approved by the Arizona Department of Environmental Quality. Sewage disposal will be by a public sewer system to be approved by the Arizona Department of Environmental Quality. Grading and drainage related improvements will be made as recommended by the design engineer in the submitted drainage reports and as approved by the County Engineer. Electric and telephone service shall be provided to each lot in accordance with Arizona Corporation Commission regulations. Signed and ratified service contracts from all purveyors of service to this subdivision will be required by staff. All lots and street centerline monuments will be staked and monumented in accordance with Standard Specification #102 of the Mohave County Public Works Department. Fire hydrants will be provided at locations prescribed by the Fort Mojave Fire District. Street name and regulator signs will be installed in accordance with the requirements of the Mohave County Subdivision Regulations and as recommended by the design engineer. As a condition of approval, the owner/subdivider is responsible for the completion ofthese site improvements and shall provide an assurance for all required subdivision improvements in accordance with Article V of the Mohave County Subdivision and Road Maintenance Regulations. PAGE 7 OF 8 BK 2658 PG 266 FEE~95063938 2. A corporate entity for this project shall be formed to provide perpetual maintenance for the project's block walls, common areas, landscaping, vegetation, or any other facility deemed to be under joint ownership of lot owners, as detailed in the CC&Rs or other device. Moreover, the articles of incorporation forming the property owners association shall be submitted as per Mohave County Subdivision Regulations. 3. A one-foot vehicular non-access easement (VNAE) shall be provided around the perimeter of the subdivision due to the single-tier, double-fronted lots. 4. The one-foot vehicular non-access easement (VNAE) for Block 1. Lots 1-6; Block 2, Lots 1-10 and Lot 26; Block 6, Lots 1-19 and Lot 36; Block 7, Lot I, Lots 12-14 and Lots 18-33; Block 11, Lots 1-3; Block 14, Lots 1-7 and the western property line of Lot 8, will have a six-foot high concrete block, brick or masonry wall erected in the VNAE to ensure non- access. . . RESOLUTION NO. 95-477 Page 8 5. The developer will obtain and dedicate a 70-foot right-of-way, and construct full width improvements of Valencia Road as a Curb Collector Classified Roadway adjacent to the south boundary of this subdivision development. Also, the developer will obtain an additional 35 feet of right-of-way for a total of 60 feet, and construct full width improvements for Valencia Road from the southwest comer of the subdivision development to Calle del Media. 6. The Board of Supervisors accepts the dedication of Parcels A, B, D and E for drainage purposes. PAGE 8 OF 8 BK 2658 PG 267 FEE~95063938 7. The Board of Supervisors accepts the dedication of a 45-foot radius bulb at the end of Sterling Road. The bulb will have at least a 20- foot radius curve intersecting with Sterling Road. 8. The developer will provide the name of the entity which will furnish the community sewer treatment facility or, if a "package" waste water treatment facility is used as an alternate, a revised Preliminary Subdivision Plan will be required. 9. Drainage issues and related improvements per item numbers 2 through 7 from Public Works' Director's memo, dated 10-16-95, shall be complied with to the satisfaction of the County Engineer. 10. Subdivision phasing lines shall satisfy the Planning and Zoning Director. WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, November 19, 1995, and posted November 17, 1995, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOL YED, that the Board of Supervisors, at their regular meeting on Monday, December 4, 1995, APPROVED this Preliminary Plan and Petition of Exception as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MORAVE COUNTY BOARD OF SUPERVISORS aU G/ 'Y(iE~;/?--;'-/Y - Pat Holt, Chairman