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Home My WebLink About98-349 INDEXED 98060609 BK 3173 PG 391 OFFICIAL RECORDS OF JOAN MC CALL~ ~OHAvEMOHAVEcouNTY(:OUNT'T'~RECORDER 10/07/1998 02:38P PAGE I OF HOHAVE COUNTY BOARD OF SUPER~)~SORS RECORDIN6 FEE 0.00 RESOLUTION NO. 98-349 A RESOLUTION SETTING FORTH A PRELIMINARY SUBDI¥1SION PLAN AND PETITION OF EXCEPTION FOR DESERT LAKES GOLF COURSE AND ESTATES, UNIT E, TRACT 4163, BEING A SUBDIVISION OF PARCEL V-Y, AND A PORTION OF PARCEL K-K, OF DESERT LAKES GOLF COURSE AND ESTATES, TRACT 4076-B, IN A PORTION OF THE SW¼ OF SECTION 35, TOWNSHIP 19 NORTH, RANGE 22 WEST, IN THE SOUTH MOHAVE VALLEY AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on October 5, 1998, 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 Richard Rieker of Ludwig Engineering, project engineer, San Bernardino, California. The owner/developer is 1043 Arizona Property Limited Liability Corporation, including developers previously known as Desert Lakes Development, Mission Viejo, California, and WHEREAS, the property is located approximately four (4) miles south of Bullhead City. The property is accessed via State Highway 95, then east one-half mile along and north of Lipan Boulevard to the site, and WHEREAS, the great majority of this property originally had been platted as Pamel V-V, Desert Lakes Golf Course and Estates, Tract 4076-B, a parcel "reserved" for future multi-family residential development. A subdivision of this property, along with a narrow sliver of the adjacent golf course parcel, was proposed in the form of a Final Plat for Desert Lakes Golf Course and Estates, Tract 4076-E. The developers never actively processed that plat, and let the approval for the original Preliminary Plan of Tract 4076 expire without extension. In 1996, the developers again became interested in subdividing this property, this time however as a single-family residential subdivision, and submitted a new Sketch Plan, which was assigned Tract # 4163, separate from the previous obsolete proposals, and WHEREAS, the Preliminary Plan for Desert Lakes Golf Course and Estates, Unit E, Tract 4163 depicts five acres subdivided into 32 Special Development single-family residential lots and one large drainage parcel. The residential lots in this subdivision range in size from 4,800 to 5,775 square feet in area. Due to the small size of the project, no phasing is proposed, and WHEREAS, a port/on of this proposed subdivision, Parcel K-K of Desert Lakes Golf Course and Estates, Tract 4076-B, was established as a golf course, drainage easement, and public utility easement. An abandonment of those designations is being processed concurrently with this Preliminary Plan and the rezoning of the property, to make way for the subdivision, and F'~E .2 OF 5 RESOLUTION NO. 98-349 Page 2 WHEREAS, services for Tract 4163 will be provided by the following: Electricity by Mohave Electric Cooperative; telephone service by Citizens Utilities Company; water service by Bermuda Water Company; sewer service by Sorenson Utility Company; natural gas by Southwestern Gas; solid waste (garbage) disposal by Tri State Refuse; and tim protection from the Fort Mohave Mesa Fire Department, and WHEREAS, the Public Works Department recommends the use of MAG (Maricopa Association of GoverrLments) Standards for the completion of certain improvements of the subdivision. Those standards have not been officially adopted by the Mohave County Board of Supervisors, and WHEREAS, Petitions of Exception were submitted for the following: 1. Front-lot public utility easements. The subdivision includes 8~foot wide PUEs located at the lot fronts, instead of 16-foot rear yard PUEs. The request for front lot utility easements is for the entire subdivision. Article 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. Non-radial lot lines. This request is for those lots within the tract which have non-radial side lot lines. Article 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. 3. Lot frontages along arterial roadway without a frontage road. This request is for Lots 4, 5, and 26 through 32 inclusive, which front directly onto Lipan Boulevard, an arterial roadway. Article 6.4-7 of the Mohave County Subdivision Regulations requires that no subdivision lots front directly onto arterial roadways without frontage road access. There is no frontage road in this subdivision. These petitions are 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 Article 1.13. These items of exception 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. 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 part of the Low Density Residential portion of the Urban Development Area in the South Mohave Valley. The proposed action complies with the Mohave County General Plan, as designated therein, and the proposal, though denser than surrounding development, is consistent with the surrounding land uses. The proposal is also consistent with the Single Family Residential designation of the South Mohave Valley Area Plan. c. The site appears to be adequate for the action intended. ['Afl[[ 3 OF 5 3173 P~J ~9~ FEE?8060609 RESOLUTION NO. 98-349 Page 3 WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on August 12, 1998, the Commission recommended APPROVAL of the Preliminary Subdivision Plan and Petition of Exception subject to the following conditions: 1. The approval of this subdivision is based on the understanding by the Planning and Zoning Commission and the Board of Supervisors that: · All streets within the subdivision will be constructed in accordance with MAG Standard Specification Nos. 301, 310, 321, and 330 or better, for paving; · Grading and drainage-related improvements will be made as recommended by the design engineer in the submitted drainage repons and as approved by the County Engineer; · Water will be provided by Bermuda Water Company. A statement from the Arizona Department of Water Resources affirming an adequate water supply for this subdivision must be submitted to the Plamfing Director prior to the recordation of a Final Plat for this tract; · Sewer service will be provided by Somnson Utility Company. The sanitary facilities for the subdivision must be approved by the Arizona Deparmaent 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 he obtained from the Mohave County Environmental Health Division; · Electricity will be provided by Mohave Electric Cooperative; · Telephone service will be provided by Citizens Utilities Company; · Solid waste (garbage) disposal will be provided by Tri State Refuse service. The developer must submit a sigued contract with a solid waste disposal firm prior to Final Plat recordation; · Fire protection will be provided by the Fort Mohave Mesa Fire Department; · Fire hydrants will be placed in the subdivision as prescribed by the fire department, but shall not be spaced further apart than is required by the Subdivision Regulations; · 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 recormnended by the design engineer, to the satisfaction of the County 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. 2. The developer has proposed the formation of a property owners association for the subdivision, or the annexation of this subdivision into the coverage of an existing association. An association or other such entity must be established by the developer to provide permanent maintenance of the common parcels in the subdivision. PAGE 4 OF 5 gK ~17~ Pg ~?~ FEE~9~060609 RESOLUTION NO. 98-349 Page 4 3. 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. 4. The approval of the Preliminary Plan for this Special Development subdivision is conditional to the developer meeting all of the provisions of the Special Development Zoning Policy, which includes but is not limited to the requirement that the developer sell only improved lots (lots with homes and 6-foot tall privacy block walls already constructed, including a ~vall along the eastern boundary of Parcel A). Special building setbacks for this subdivision, per the requirements of the Policy, will be specified in the rezoning action being processed concurrently with this Preliminary Plan. 5. Compliance with all applicable regulations, including but not limited to Article 7.5 of the Subdivision Regulations, as amended by BOS Resolution No. 97-334. 6. Minimum lot sizes will be established as per the recorded Final Plat for the subdivision. 7. Lots within the recorded Final Plat of this subdivision will not be further divided. 8. Drainage easements, channels, and devices acceptable to the County Engineer will be provided for all on and off-site drainage related improvements. 9. The comments made in the Public Works Department review letter dated July 7, 1998, must be addressed, to the satisfaction of Mohave County, with the submittal of the Final Plat, prior to Final Plat recordation. 10. This conditional approval for the subdivision is based on the Preliminary Plma submitted for review on June 3, 1998. 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, September 19, 1998, and posted on September 18, 1998, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. P~6E 5 OF 5 BK 3t73 F'fi :395 FEE:~98060607 RESOLUTION NO. 98-349 Page 5 NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, October 5, 1998, APPROVED this Preliminaxy Subdivision Plan and Petition of Exception as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHAVE COUNTY BOARD OF SUPERVISORS