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HomeMy WebLinkAbout99-027 JOAN ?!C CALL, r R~Ak~E ~:~llq~?:'.~' ~,_i.,,_,,, t/,9 V~:[.L,,.:~ ~OHAV~: COUNTY ~,OAPD ~, RECOF'D!Nq~ FEE RESOLUTION NO. 99-27 A RESOLUTION SETTING FORTH A PRELIMINARY SUBDIVISION PLAN AND PETITION OF EXCEPTION FOR CEDAR RIDGE ESTATES, TRACT 3060, BEING A SUBDIVISION OF A PORTION OF SECTIONS 11 AND 14, TOWNSHIP 22 NORTH, RANGE 17 WEST, IN THE KINGMAN AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on January 5, 1999, a pnblic heating 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 owner, Roger Sayles, representing Sayles Family Trusts, Kingman, Arizona. The project engineer is Mohave Engineering Associates, Inc., Kingman, Arizona, and WHEREAS, the property is located approximately one mile north of the City of Kingman. The property is accessed via Stockton Hill Road and is bounded by Stockton Hill Road, Cactus Wren Road and Bull Mountain Drive, and a commercial site at the southern tip of this triangle, also owned by the applicant, and WltEREAS, the Preliminary Plan for Cedar Ridge Estates, Tract 3060, depicts 274 acres subdivided into 38 single-family residential lots. The lots range in size from 5 to 9 acres each in area, and WHEREAS, the developer proposes to pave the majority of the roads in this subdivision. He contends that the cost of providing a central water system would be economically prohibitive. The developer has had a water study prepared for this subdivision and has received a Statement of Water Inadequacy from the Arizona Department of Water Resources, and WHEREAS, the proposai for rural-sized lots without water service conforms to the Long Mountain Area Plan. The area plan, adopted June 1, 1992, per BOS Resolution No. 92-198, attempted to preserve the "rural" character of the area north of Kingman, establishing a land use designation of RPd5A (Rural Residential/Five Acre minimum let size) for this property and much of the surrounding area. That plan makes evident the desire of those participating in the area plan public meetings to keep the area rural in nature, and reserving almost all of the area plan for single-family msidentiai purposes. The area plan, aside from setting a rural tone for splitting activity in the region, did not include specific goals and policies in detail, as does the Mohave County General Plan, and WHEREAS, the original August 1992 draft of the General Plan proposed that the area shown as "RR/5A" on the Long Mountain Area Plan be designated as "Suburban Estates," with lot sizes ranging from RESOLUTION NO. 99-27 Page 2 5 to 20 acres, consistent with the area plan. In later drafts of the General Plan, this designation evolved, dropping the "estates" classification, and becoming simplified as "Suburban" and is now defined by the adopted version of the General plan as lots one to five acres in size. This reverses the original intent of the area plan, yet provides a suburban buffer between the urbanized areas in the City of Kingman and the rural expanses further north, and WHEREAS, the proposal does not confoma to many of the designations, goals, or policies of the Mohave County General Plan, adopted March 10, 1995. The General Plan, following much the same land use boundary as shown on the Long Mountain Area Plan for rural development, designates this property as a Suburban Development Area, requiring lots between one and five acres in size, and expecting a level of subdivision improvement greater than is encountered in rural areas. The two plans conflict. The developer has found that a subdivision located in this vicinity cannot simultaneously meet both the requirements of the area plan and the general plan, and WHEREAS, the General Plan allows rural developments, such as this project, to be considered within the Suburban Development Areas; however, all suburban improvements are required of the developer for that subdivision. Suburban improvements typically include the paving of roads and central water service to each lot. The developer has proposed to pave all roads in the subdivision that provide primary access to each lot. This proposal leaves the northern portion of Bull Mountain Drive unpaved. The Mohave County Public Works Department has recommended that all roads in the subdivision be paved, including all of BUll Mountain Drive, and WHEREAS, the developer contends that the "RR/5A" (Rural Residential/five acre minimum lot size) land use designation for this property, as prescribed in the Long Mountain Area Plan, precludes the need for water service to the lots in the subdivision, as rural, five-acre and greater-sized lots do not require such service per the county Subdivision Regulations. The developer has approached the City of Kingman regarding water service and has been advised that the city does not intend to extend its water lines as far north as this subdivision at this time, and instead are encouraging "in-fill." Negotiations between the developer and the operator of a public water system (the system serving nearby Fountain Hills Estates, Tract 3050) have not reached an agreement for service. Lastly, efforts by the developer to demonstrate a sufficient water supply via individual wells has been hindered by the determination of the Arizona Department of Water Resources that the water supply for the subdivision is inadequate, and WHEREAS, the Public Works Department recommends the use of MAG (Maricopa Association of Governments) 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, the Mohave County Environmental Health Division has recommended denial of this Preliminary Plan due to the lack of central water service to the lots in the subdivision, and WHEREAS, the Hualapai Valley Fire Department initially required the developer to provide a water system for the subdivision, along with hydrants to facilitate fire protection. The fire department has since RESOLUTION NO. 99-27 Page 3 entered into an agreement with the developer to serve this subdivision, with the condition that each lot buyer provide a water tank on each lot for the exclusive purpose of providing temporary water pressure for fire- fighting equipment. This arrangement does not provide potable water service to the residences in the subdivision. The developer has proposed the use of private CC&Rs to enforce the agreement with the Fire Department, and WHEREAS, staffhad originally recommended that the developer provide central water service to all lots in the subdivision, as well as place fire hydrants throughout the subdivision to facilitate fire protection. The Planning and Zoning Commission did not concur with staff's recommendation, making the determination that documentation provided by Mr. Sayles showed a sufficient supply of water to allow lot buyers to drill their own private wells. The Commission also indicated that "in this instance" the General Plan designation of Suburban Development Area for this property was considered preceded by the rural (RR/5A) designation of the Long Mountain Area Plan, and as the proposal was consistent ~vith the area plan, the Commission recommended conditional approval of the subdivision, and WHEREAS, services for Tract 3060 will be provided by the following: Electricity and telephone service from Citizens Utilities Company; water will be by individual wells or water can be hauled by lot buyers (the fire-flow water tanks planned for the subdivision are not to be used as a household water tap or other potable uses); lots will be served by individual septic systems or alternate septic systems; solid waste (garbage) disposal from Tri State Refuse; and fire protection from the Hualapai Valley Fire Department, and WHEREAS, Petitions of Exception from compliance with the Subdivision Regulations were submitted for the following: 1. Front-lot public utility easements. The subdivision includes 8-foot 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 iot 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 those lots which abut Stockton Hill Road, 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. 4. Single-tiered lots and double-fronted lots. This request is for those lots in the subdivision which are either single-tiered or double fronted. Article 6.6-1B of the Mohave County Subdivision Regulations prohibits single-tiered lots and double-fronted lots. RESOLUTION NO. 99-27 Page 4 5. Long block lengths. This request is for the long blocks in the subdivision, created due to the triangular shape of the parcel, and due to large lots with above-average frontages. Article 6.6-1A of the Mohave County Subdivision Regulations limits the length of blocks to 1,320 feet. 6. Long cul-de-sac lengths. This request is for the long cul-de-sacs in the subdivision, created due to the large lot frontages. Article 6.4-22 of the Mohave County Subdivision Regulations limits cul-de-sac lengths to 600 linear feet. 7. Lots with lengths exceeding widths by a ratio greater than 3 to 1. This request is for those narrow lots in the subdivision which exceed the county requirements. Article 6.7-6.C of the Mohave County Subdivision Regulations limits the lot length-to-width ratio to 3 to 1. 8. Large drainage easements. This request is for the large drainage ways in the development. Article 6.3-3 of the Mohave County Subdivision Regulations states "Large drainage cham~els shall be designated as parcels and dedicated to the public for use as drainage ways." The subdivision includes some drainage easements located along natural washes of significant width, some of which may limit the usefulness of some lots. 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. The Public Works Department has not recommended denial of these items of exception. 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 Long Mountain Area Plan. The proposal does not comply with all applicable provisions of the Mohave County General Plan. c. The site appears to be adequate for residential development. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on December 9, 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 Commission and the Board of Supervisors that: All subdivision roads will be constructed in accordance with MAG Standard Specification Nos. 301, 310, 321, and 330 or better, for paving, except that northern portion of Bull Mountain Drive which does not provide primary access to any lots; RESOLUTION NO. 99-27 Page 5 · 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; · The sanitary facilities for the subdivision must be approved by the Arizona Department of Environmental Quality prior to Fiual Plat recordation. The approval to construct any 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 Platming and Zoning. Approvals must also be obtained from the Mohave County Environmental Health Division; · Electricity and telephone service to each lot will be provided by the developer through Citizens Utilities Company; · The developer must submit a signed contract with a solid waste disposal firm prior to Final Plat recordation, providing garbage disposal for each lot in the subdivision; · Fire protection will be provided by the Hualapai Valley Fire Department; · 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 monurnented 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, 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 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. 3. The developer will construct a barbed wire fence to ADOT standards along Stockton Hill Road, as that County Highway abuts and creates double-access to lots in the subdivision, and except for the intersection of Stockton Hill Road with Cedar Ridge Road. 4. Minimum lot sizes will be established as per the recorded Final Plat for the subdivision. 5. Lots within the recorded Final Plat of this subdivision will not be further divided. 6. Drainage easements, channels, and devices acceptable to the County Engineer will be provided for all on- and off-site drainage related improvements. RESOLUTION NO. 99-27 Page 6 7. Prior to the recordation of a Final Plat for this subdivision, the intersection of Bull Mountain Drive and Stockton Hill Road shall be designed to have an offset distance of at least 200 feet from the intersection of Bull Mountain Drive and Fountain Hills Road. Additional right-of- way shall be dedicated by the developer to Bull Mountain Drive, as found necessary by the County Engineer, if a 200-foot offset between these intersections cannot be established. 8. This conditional approval for the subdivision is based on the Preliminary Plan submitted for review on October 20, 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 and obtain an Extension of Time for this approval prior to the expiration of the two-year period. Failure of the developer to request and obtain 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, December 16, 1998, and posted on December 18, 1998, 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 Tuesday, January 5, 1999, APPROVED this Preliminary Subdivision Plan and Petition of Exception as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MO~ERVISORS