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HomeMy WebLinkAbout97-050 \Q ~~ . ,. -. , MtCRORI.MID INDEXBf 9711970 BK 2867 F'G 386 OFFICIAL RECORDS OF MOHAVE COUNTY, (, JOAN MC CALL, MOHAVE COUNTY RECOROEf 03/10/97 03:35P PAGE 1 OF 6 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 RESOLUTION NO. 97-50 A RESOLUTION SETTING FORTH A PRELIMINARY SUBDIVISION PLAN AND PETITION OF EXCEPTION FOR SILVERADO ACRE ESTATES, UNIT 1, TRACT 3805, BEING A SUBDMSION OF PARCELS 1 THROUGH 7, AND PARCELS 9 THROUGH 13, OF SIL VERADO ESTATES, AS SHOWN ON PARCEL PLAT, BOOK 2, PAGE 93, BEING A PORTION OF SECTION 17, TOWNSHIP 20 NORTH, RANGE 13 WEST, IN THE MOHAVE COUNTY GENERAL AREA, MOHA VE COUNTY, ARIZONA. WHEREAS, at the special meeting of the Mohave County Board of Supervisors held on February 18, 1997, 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 the developer, Leo Homer, Silver Ranch Corporation, of Phoenix, Arizona, and WHEREAS, Consulting Land Surveyors and Engineers, Scottsdale, Arizona, is the engineering firm of record, and WHEREAS, the property is located approximately 20 miles southeast of the City of Kingman. The land is accessed via eastbound Interstate 40, then south 4.5 miles on U.S. Highway 93, then northwest one mile along Old Highway 93 to the site. The site is located in a portion of Mohave County alternately checkerboarded by ownership of private individuals and lands held in trust by the State of Arizona. The neighboring sections to the north, south, east, and west are State lands. Neigboring private sections have been divided into large rural parcels. The property consists of rolling, partially wooded terrain, crossed by McGarry's Wash and other tributary drainage patterns flowing generally southeast. There are a couple of distant mobile-home residences within sight of the development, and WHEREAS, the Preliminary Plan for Tract 3805 depicts approximately 481 acres subdivided into 339 single-family residential lots, two large drainage easement parcels, and two parcels reserved as well sites for a possible future development of a central water system. The minimum lot size will be one acre, the maximum lot size will be slightly greater than one and one-half acres, with an average lot size of slightly more than one acre. The subdivision is proposed to be developed in one phase. The property is located in (as requested by the developer in 1994) a Suburban Development Area, per the Mohave County General Plan. The developer has indicated that several other neighboring sections may be proposed at a future date as additional independent units of Silverado Acre Estates. This is a request for the consideration of the Preliminary Plan of Tract 3805 only, being the first and only unit submitted to date for processing, and RESOLUTION NO. 97-50 Page 2 . . PAGE 2 OF 6 BK 2867 PG 387 FEE~9711970 WHEREAS, a request for rezoning of this property was considered by the Planning and Zoning Commission on January 10, 1996. The requested R-O/A zoning was recommended for conditional approval by the Commission. The Board of Supervisors continued the matter until the rezoning and the Preliminary Plan could be heard concurrently by that body, and WHEREAS, the subdivision will have no electric or telephone service, no central water or sewer system, and no natural gas. Water may be hauled to each lot, or each lot purchaser may drill a water well; sewage disposal is to be by individual septic tanks, or alternative disposal systems; propane may be purchased from private contractors; solid waste (garbage) disposal service is proposed through individual lot purchaser contracts with Mohave Disposal, Inc., or garbage may be hauled by each lot purchaser to the County landfill. The subdivision is not within the boundary of any fire district, and WHEREAS, Petitions of Exception were submitted for the following deficiencies: 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 Regulations requires that easements at least 16 feet in total width be provided' along rear lot lines. 2. Block lengths greater than 1,760 feet, where average lot size exceeds 20,000 square feet. This request is for Blocks 1, 9,10,22,23,24, and 30. Section 6.6-1-A of the Mohave County Subdivision Regulations requires that blocks shall not be more than 1,760 feet in length, where average lot size exceeds 20,000 square feet. 3. Single-tiered and double-fronted lots. This request is for the following lots: single-tiered and double-fronted lots are interspersed throughout the subdivision. Section 6.6-1-8 of the Mohave County Subdivision Regulations requires that blocks shall be wide enough to allow two tiers of lots of minimum depth, and does not allow for the use of double-fronted lots. 4. Non-radial side lot lines. This request is for the many lots within the tract which have non- radial side lot lines. Section 6.7-1 of the Mohave County Subdivision Regulations requires lot lines to be within five degrees of a right angle to adjacent road rights-of-way. 5. Long cul-de-sacs. Many cul-de-sacs are included in the design of this Preliminary Plan. The cul-de-sacs for Desert Cove and Gold Dust Drive clearly exceed the maximum allowed length of 600 feet. Several other cul-de-sacs approach this maximum length. Section 6.4-22 of the Mohave County Subdivision Regulations requires that cul-de-sacs not exceed 600 feet in length. 6. Lots exceeding a width-to-depth ratio of 3: 1. Several lots within this Preliminary Plan exceed the maximum width-to-depth ratio. Section 6.7-6-C of the Mohave County Subdivision Regulations requires that lots included within subdivisions not exceed a width- to-depth ratio of3: 1. RESOLUTION NO. 97-50 Page 3 '. . . PAGE 3 OF 6 BK 2867 PG 388 FEE~9711970 7. Half-width rights-of-way. The perimeter roadways within this Preliminary Plan, as well as the roadways fronting excluded Parcel 8, Silverado Acres, are proposed as half-width rights- of-way. Section 6.4-5 of the Mohave County Subdivision Regulations requires that half- width roadways be approved for use in a subdivision design, only if considered in conjunction with the submittal of a Petition of Exception. 8. Street intersections forming angles less than 60 degrees. Section 6.4-20-A and B require that roadway intersections be formed as nearly at right angles as possible, and that no intersection shall form an angle of less than 60 degrees. A number of roadways intersecting with Old Highway 93 form an angle ofless than 60 degrees. This request is for the entire subdivision. Concerning this item of exception, the Public Works Department has stated "We recommend denial of the petition requests for intersections less than 60 degrees because this configuration would not meet County Standards for safe intersection design. In addition, it appears that the developer should also submit a petition for intersections with less than 200 foot off-sets. It should be noted that, if submitted, we will not support this petition either." The petition for intersections posing offsets less than 200 feet has not been submitted by the developer or the project engineer. WHEREAS, these petitions are submitted as exceptions from the Mohave County Subdivision Regulations as outlined in Article 1.13. With the exception noted above, being the request for the allowance of street intersections at angles less than 60 degrees, the remaining items of exception numbered I through 7 are not detrimental to the public welfare or injurious to other adjacent properties, nor does the request nullify the intent of the Master Plan of the county or other regulations, and WHEREAS, at the Planning and Zoning Commission meeting held on November 13, 1996, the Public Works Department indicated that the requested item of exception for intersections less than 60 degrees, and the issue concerning street offsets less than 200 feet, may be addressed by the project engineer with the design submitted per the Final Plat for the subdivision. If the Final Plat addresses these points to the satisfaction of the County, these items will not require an approval for their exception from the regulations, as the regulations will have been met, 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. The proposed action does not appear to comply with the Mohave County General Plan, as the property is designated therein for suburban development. c. The site appears to be adequate for the action intended. There are no existing similar uses within several miles of the proposal. d. The development is not located within the Urban/Building Overlay Zone. RESOLUTION NO. 97-50 Page 4 . . PAGE 4 OF 6 BK 2867 PG 389 FEE~9711970 e. Title 18, Chapter 5 of the Arizona Administrative Code, concerning regulations of the Department of Environmental Quality, states that "Where an approved community or private refuse collection service is available, arrangements shall be made to have this service furnished to the subdivision." f. General Plan Policy 43.6 states "Projects in Suburban Development Areas should be served by an organized water system unless the County finds that an alternative source of water can safely and efficiently provide for the needs of future occupants of the proposed development." g. General Plan Policy 43.8 states "The County should not approve 'dry' subdivisions unless it finds that the proposed subdivision is located in a Rural Development Area." h. General Plan Policy 48.4 states "The County shall require developers of subdivisions in UDAs and SDAs to provide for solid waste collection services." i. General Plan Policy 53.1 states "In SDA subdivisions with lots 1.5 acres or less, the County shall typically require paving", and WHEREAS, the Mohave County Public Works Department originally recommended that all roadways within the subdivision of collector classification or higher be paved, including Old Highway 93 from U.S. Highway 93 to and through the site, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on November 13, 1996, the Commission recommended APPROVAL of the Preliminary Subdivision Plan and Petitions of Exception number 1 through 7 inclusive, subject to the following conditions: 1. The approval of this subdivision is based on the understanding by the Planning Commission and the Board of Supervisors that all streets within the subdivision will be constructed to Mohave County Standard Specification No. 161 for native materials. Old Highway 93 shall be paved to Mohave County Standard Detail No. 60, from the intersection with U.S. Highway 93 to the subdivision site, per Mohave County Standard Specification No. 171. All other 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. All lots and road centerline monuments will be staked and monumented in accordance with Standard Specification No. 102 of the Mohave County Public Works Department. Road 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 of these site improvements and shall provide an assurance for all required subdivision improvements in accordance with Article V of the Mohave County Subdivision Regulations. RESOLUTION NO. 97-50 PAGE 5 OF 6 Page 5 BK 2867 PG 390 FEE~9711970 . . 2. A property owners association or other entity shall be formed for this project to provide perpetual maintenance for any common areas, parcels, rights-of-way, landscaping, or any other facility deemed to be under the ownership of the developer, or the joint ownership of the lot owners, to be detailed in the CC&Rs. Moreover, the Articles of Incorporation forming a property owners association shall be submitted as per Mohave County Subdivision Regulations. 3. The Arizona Department of Environmental Quality approves the sanitary facilities for this subdivision prior to the recordation of the Final Plat. 4. The Arizona Department of Water Resources determines that there is an adequate water supply to serve this subdivision, prior to the recordation of the Final Plat. 5. The developer shall obtain a contract with a private solid waste disposal service, transferred to the homeowner's association upon it's formation, to provide for garbage removal from each lot within the subdivision. A signed and ratified service contract from the purveyor of the solid waste disposal service to this subdivision must be submitted to Planning and Zoning prior to the recordation ofthe Final Plat. 6. Lots within the recorded Final Plat of this subdivision will not be further divided. 7. The large drainage easements shown on the Final Plat as Parcels C and D not be further divided without the submittal of a Preliminary Subdivision Plan, as a part of the standard subdivision process required in the Subdivision Regulations. 8. The Petition of Exception item received from the project engineer for street intersections forming angles less than 60 degrees, and the item of deficiency not requested for exception, being street intersection offsets less than 200 feet, shall be addressed to the satisfaction of the County Engineer with the submittal of the Final Plat of the subdivision. 9. All roadway crossings of drainage ways as defined in the submitted drainage reports shall be hard surfaced per Mohave County Standard Specification No. 171 or better to the satisfaction of the County Engineer. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on December 2, 1996, the Board unanimously denied the Preliminary Subdivision Plan and Petition of Exception as recommended by the Planning and Zoning Commission because of the infrastructure adequacy concerns. The developer, Leo Horner, Silver Ranch Corporation, of Phoenix, Arizona, requested a reconsideration of this item, and WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, January 18, 1997, and posted on January 17, 1997, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. RESOLUTION NO. 97-50 Page 6 . ", . . NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their special meeting on Tuesday, February 18, 1997, APPROVED this Preliminary Subdivision Plan and Petition of Exception as recommended by the Planning and Zoning Commission, except that condition number 4 was amended to read as follows: 4. The developer shall provide to the Planning and Zoning Commission a report from Arizona Department of Water Resources as to water supply adequacy. MOHA VE COUNTY BOARD OF SUPERVISORS a4/~~ Carol S. Anderson, Chairman PAGE 6 OF 6 BK 2867 PG 391 FEE~9711970