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HomeMy WebLinkAbout97-433 o " fSJ ~ . . ! NOEXif), MICROFlLMEU 9766447 BK 3002 PG 433 OFFICIAL RECORDS OF MOHAVE COUNTY, A: JOAN MC CALL, MOHAVE COUNTY RECORDER 12/09/97 04:04P PAGE 1 OF 6 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 RESOLUTION NO. 97-433 A RESOLUTION SETTING FORTH A PRELIMINARY SUBDIVISION PLAN AND PETITION OF EXCEPTION FOR MOUNTAIN SHADOW ESTATES, TRACT 3806, BEING A SUBDIVISION OF THE NWV. OF SECTION 8, TOWNSHIP 20 NORTH, RANGE 14 WEST, IN THE MOHA VE COUNTY GENERAL AREA, MOHA VE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on December 1, 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 Mohave Engineering Associates, the project engineer. AI Brown is the agent for the owner, Mohave Group Land Development Company, Flagstaff, Arizona, and WHEREAS, the property is located approximately 12 miles southeast of the City of Kingman. The site is accessed via Interstate 40 to the Blake Ranch Road interchange, then south along Blake Ranch Road to a short length of Old Highway 93, then continuing south along Odles Ranch Road to a point approximately four miles from Interstate 40, then east one mile along an unnamed access road to the site, and WHEREAS, the Preliminary Plan depicts 160.8 acres subdivided into 54 single-family residential lots and three parcels set aside for the establishment and operation of a central water system. The minimum residential lot size is 2.1 acres. The developer has proposed no phasing for this subdivision. The developer has proposed the use of financial assurances for the required and proposed improvements for the subdivision, and WHEREAS, services for the subdivision will be provided by the following: electricity will be available through Mohave Electric Cooperative; telephone service will be available through Citizens Utilities Company, to be extended to each lot by the lot buyer; water service will be provided by a central water system to be formed and operated by the developer; sewage disposal will be by individual septic systems or approved alternative septic systems; solid waste (garbage) disposal will be provided by a private carrier; the subdivision will have no fire protection, and WHEREAS, Petitions of Exception were submitted for the following: I. Block lengths greater than 1,760 feet, where average lot size is greater than 20,000 square feet. The subdivision is not divided into numbered blocks; however, this request is for those blocks of lots in excess of the regulation. 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 is greater than 20,000 square feet. . . PAGE 2 OF 6 BK 3002 PG 434 FEE~9766447 RESOLUTION NO. 97-433 Page 2 2. Single-tiered and double-fronted lots. This request is for the following lots: single-tiered lots include Lots 21-26,28-30,11-14,49-54,31, and 42; double-fronted lots include Lots 18-20, 46, 31, 32, and 40-42. Section 6.6-I-B 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. 3. Ten-foot front yard Public Utility Easements, instead of 16-foot rear yard Public Utility Easements. The request for the 10-foot PUEs 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. 4. Non-radial lot lines. This request is for Lots 3-9, 15, 16, 18-26,31-39,41,42,44,45,47, 48,52, and 53. 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. Interior subdivision roads not designed to Mohave County Standard Detail No. 60, as shown in BOS Resolution No. 91-335. The Public Works Department does not object to the proposed right-of-way alignment, as long as the project engineer demonstrates with the submittal of improvement plans with the Final Plat, that the constructed roadways are situated within the rights-of-way to meet AASHTO (American Association of State Highway and Transportation Officials) standards. 6. Long cul-de-sac. Pinion Dell Drive, Mountain Shadow Road and Cedar Oasis Lane all dead- end at the boundary of the subdivision, effectively forming excessively long cul-de-sacs. There is no secondary access to provide through traffic within the subdivision. Section 6.4- 22 of the Mohave County Subdivision Regulations requires that cul-de-sacs not exceed 600 feet in length. 7. Double-fronted lots without VNAEs. Double-fronted lots are not allowed by the Subdivision Regulations. Petitions of Exception to allow double-fronted lots are exceptions from the design standards, and are generally accompanied by a requirement for the placement of vehicular non-access easements in locations necessary to restrict double-access. The developer of this subdivision does not wish to provide vehicular non-access easernents for the double-fronted lots in the subdivision, contending that terrain naturally divides the lots, and that a VNAE would limit the lot buyer as to which side of the lot they may construct a home. Staff opposes this item of exception, as other subdivisions are not allowed lots with double-access and this would establish a precedent which circumvents the purpose of the regulations. 8. Lack of paved roads or access road. Suburban Development is defined as lots between one and five acres in size, having typically "suburban" levels of improvement. All of the lots in this subdivision fall within this range. The Subdivision Regulations do not mandate paved roads for subdivisions with lots greater than one acre in size; however, Article 4.3-4 allows that "Higher standards than indicated herein may be required by the Commission to , . . PAGE 3 OF 6 BK 3002 PG 435 FEE~9766447 RESOLUTION NO. 97-433 Page 3 adequately provide for unusual circumstances, such as but not limited to the following: soil conditions, drainage, or extraordinary traffic volume or loads." Exhibit VI.2 of the General Plan states "Typical suburban services include paved streets, septic systems, and public water supply. . ." Policy 53.1 of the General Plan states "In SDA (Suburban Development Area) subdivisions with lots 1.5 acres or less, the County shall typically require paving. For SDA subdivisions with lots greater than 1.5 acres, the County may require paving." The developer does not wish to pave the roads in the subdivision, nor any portion of the access road to the site. 9. Large drainage easements not established as drainage parcels. Section 6.3-3 of the Mohave County Subdivision Regulations requires "large drainage channels" to be designated as parcels separate from residential lots. This subdivision includes some significant natural washes and other drainage courses that divide many lots as they are proposed to be platted. The drainage channels are proposed by the developer to be left as much as possible in their natural state and designated as easements, to avoid having to redesign the subdivision to place lots on either side of drainage parcels. 10. Narrow shoulders on interior roads, contrary to Standard Specification Detail No. 60. Right- of-way shoulders of four feet are proposed. Shoulders of eight feet are required. These petitions are submitted as a request from the developer 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 Article 1.13. Other than the concerns outlined above, the items of exception do not appear to be 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, the following are Findings of Fact for the above captioned item: a. All notices have been advertised and posted according to regulations. b. The property is designated as a Suburban Development Area. The proposed action appears to marginally be in compliance with the Mohave County General Plan, as designated therein. c. The site appears to be adequate for the action intended. There are no similar subdivisions within several miles of the surrounding area. A few scattered residences are located to the distant south of this property. d. Permanent, uninterrupted legal access to this site has not yet been demonstrated by the developer. Part of the access road to this site was established by the Bureau of Land Management at the request of the developer as a 30-year renewable easement. Both the Subdivision Regulations and Arizona State law require permanent legal access to subdivisions. The renewable easement does not satisfY the requirement for permanent legal access, according to the Mohave County Attorneys Office, and " . . . PAGE 4 OF 6 BK 3002 PG 436 FEE~9766447 RESOLUTION NO. 97-433 Page 4 WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on November 12, 1997, the Commission recommended APPROVAL of the Preliminary Subdivision Plan and Petition of Exception subject to the following conditions: I. 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 in accordance with Standard Specification No. 161 and No. lO1.IOC of the Mohave County Engineering Department's Standard Specifications, or better; . 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; . Water will be provided by a central water system to be formed and operated by the developer. The Arizona Department of Water Resources must determine that there is an adequate water supply to serve this subdivision, prior to the recordation of the Final Plat. Documentation must be obtained from the Arizona Corporation Commission for the establishment by the developer of the water company. A county franchise must be obtained by the developer prior to Final Plat recordation for the placement of water lines within public rights-of-way; . Sewage disposal will be handled by individual on-site septic systems. The sanitary facilities for the subdivision must be approved by the Arizona Department of Environmental Quality prior to Final Plat recordation. The approval to construct water and/or sewer improvements and the approval of the construction of those improvements must be obtained from the Arizona Department of Environmental Quality and submitted to Planning and Zoning. Approvals must also be obtained from the Mohave County Environmental Health Division; . Electricity will be available to the subdivision by Mohave Electric Cooperative and will be extended to each lot by the developer; . Telephone service will be available to the subdivision by Citizens Utilities Company, and will be extended to the site by the developer. The extension of telephone service to each lot will be at the expense of the individual lot buyers; . Solid waste (garbage) disposal will be provided by Mohave Disposal. The developer must submit a signed contract with a solid waste disposal firm prior to Final Plat recordation; . The subdivision is not located in any fire district and will have no fire protection. Fire hydrants are not required by the Subdivision Regulations due to the lot sizes. The State Fire Marshal's Office has indicated that they will not require hydrants in the subdivision as the development is entirely residential and is not located within a fire district; . All utilities shall be provided to each lot in accordance with Arizona Corporation Commission Regulations; . All lots and road centerline monuments will be staked and monumented in accordance with Mohave County Standard Specification No. 102; . 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. ~ . . PAGE 5 OF 6 BK 3002 PG 437 FEE~9766H7 RESOLUTION NO. 97-433 Page 5 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. 2. Prior to the recordation of the Final Plat, the developer must demonstrate that permanent, uninterrupted legal access exists, at a width of 84 feet or greater, from Interstate 40 to the subdivision site, as the access to this subdivision could be considered an arterial roadway with the additional traffic generation expected from the subdivision. It is the responsibility of the developer to obtain such access if it does not now exist, and to reference to record all instruments which established this access on the Final Plat. 3. The developer will establish a central water system for the subdivision, to be operated on Parcels A, B, and C. Water service will be extended by the developer to each lot. The maintenance of Parcels A, B, and C will be the responsibility of the developer. 4. The property to be subdivided is located in open range land and is now fenced in by barbed wire fences to keep out roaming cattle. The developer is required to construct cattle guards at locations to be prescribed by the project engineer, to the satisfaction of the County Engineer and the Planning Director, at points necessary to ensure that no public roadway leading into or out of the subdivision is fenced. The cattle guards must be designed and constructed in accordance with Arizona Department of Transportation Standard Detail C- 11.10. 5. The developer will make the same commitments for improvements in the report to the Department of Real Estate as required for approval of this tract by the Board of Supervisors. A final copy of the Department of Real Estate Report shall be submitted to Planning and Zoning for library purposes. 6. Each of the double-fronted lots, including Lots 18-20,46,31,32, and 40-42, will be provided with a one-foot vehicular non-access easement, with the VNAE to be located along the north boundary of Lots 31 and 32; along the south boundary of Lots 40-42; along the southwest boundary of Lot 46; and along either the north or the south boundaries of Lots 18-20. 7. Minimum lot sizes will be established as per the recorded Final Plat for the subdivision. 8. Lots within the recorded Final Plat of this subdivision will not be further divided. 9. The rezoning proposal for this subdivision be conditionally approved concurrently with the conditional approval of the Preliminary Plan. ~ . . . PAGE 6 OF 6 BK 3002 PG 43B FEE~9766447 RESOLUTION NO. 97-433 Page 6 10. The Public Works Department has identified locations of erosion of the access road and the interior roads in the subdivision. Areas where the flow has an erosive velocity or a high potential for erosion must be constructed as a hardened crossing to Mohave County Standard Detail No. 52, or to an alternative method of passing the flows which meet with the approval of the County Engineer. The locations of the hardened crossings are to be proposed by the project engineer to the satisfaction of the County Engineer. 11. The comments made by the Mohave County Public Works Department in their review dated October 17, 1997, must be addressed prior to recordation ofthe Final Plat. 12. Drainage easements, channels and devices acceptable to the County Engineer will be provided for all on and off-site drainage related improvements. 13. The approval for all required Zoning Use Permits necessary to the placement and operation of water tanks and a central water system in the subdivision must be obtained prior to the recordation of the Final Plat. 14. This conditional approval for the subdivision is based on the Preliminary Plan submitted for review on September 25, 1997. As provided for in the Mohave County Subdivision Regulations, this conditional approval will automatically expire two years after the approval by the Board of Supervisors of this Preliminary Plan. It is the responsibility of the developer to request an Extension of Time for this approval prior to the expiration of the two-year period. Failure of the developer to request necessary Extensions of Time for the approval of this Preliminary Plan, prior to the expiration of the approval, will result in the automatic termination of processing of the subdivision. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, November 15, 1997, and posted on November 14, 1997, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, December I, 1997, APPROVED this Preliminary Subdivision Plan and Petition of Exception as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHA VE COUNTY BOARD OF SUPERVISORS ~4 dZtdbf.4<h< / Carol S. Anderson, Chairman ~