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HomeMy WebLinkAbout99-197 i9'9'0~'~-'~L B~ 33~8 P~ 276 OFFICIAL RECORDB OF MOHAVE COUNTY JOAN MC CALL, MOHA~E COUNTY RECORDER - '~ ~' 07/28/1999 01:36P PA~E 1 OF 5 ~~~; HOHAV[ gOUNTY BOARD OF SUPERVISORS RESOLUTION NO. 99-197 A RESOLUTION SETTING FORTH A PRELIMINARY SUBDIVISION PLAN AND PETITION OF EXCEPTION FOR NORTH SHORE ESTATES, TIC, CT 4168, BEING A SUBDIVISION OF A PORTION OF SECTION 15, TOWNSHIP 17 NORTH, RANGE 22 WEST, IN THE SOUTH MOHAVE VALLEY, MOHAVE COUNTY, ARIZONA. WHEREAS, at the special meeting of the Mohave County Board of Supervisors held on July 26, 1999, 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 Kathleen Tackett-Hicks, an agent for the developer, Jim Campbell, Mohave Valley, Arizona. The project engineer is C.E. Martin Engineers, Lake Havasu City, Arizona. The project surveyor is Rand Holmquist of R.W. Holmquist and Associates, Kingman, Arizona, and WHEREAS, the property is located approximately twelve and one-half miles south of Bullhead City. The property is accessed via State Highway 95, then west approximately three-quarters of a mile along Courtwright Road, and southwest into the property, and WHEREAS, the Preliminary Plan depicts 31.64 acres subdivided into 94 single-family residential lots and three parcels. The residential lots have a minimum lot size of 10,000 square feet and a maximum lot size of 23,101 square feet, with an average of 11,913 square feet per lot. The developer proposes this subdivision as a private, gated development. Parcels A and B are planned as open space areas which will include paved parking, and a mix of common element uses such as community mailboxes and landscaping. Parcel C is the private roadway system. The developer proposes to plat the subdivision as a whole, without phasing, and WHEREAS, services and improvements for Tract 4168 will be provided by the following: electricity from Mohave Electric Cooperative; telephone service from Citizens Utilities Company; central water and central sewer service from the Fort Mojave Tribal Utility Authority; solid waste (garbage) disposal will be provided by Hargus Disposal; natural gas will be available through Southwest Gas; fire protection from the Mohave Valley Fire Departmeut; all subdivision roads as well as the portion of West Shore Drive from the subdivision botmdary to St. George Road will be paved by the developer to Mohave County standards, and WHEREAS, Petitions of Exception from compliance with the Subdivision Regulations were submitted tbr the following: PAGE 2 OF 5 BK :~348 F'G 2'77 FEE~S~?045551 RESOLUTION NO. 99-197 Page 2 1. Front lot public utility easements. The subdivision includes 8-foot PUEs located at the lot fronts, instead of 16-1hot rear yard PUEs. The request for front lot utility easements is for the emire 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. 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. 3. Substandard width rights-of-way. This request is for a narrower than standard right-of-way width for the subdivision roads, all of which are to be "private" roadways. BOS Resolution No. 91-335 specifies the standard minimmn rights-of-way width for streets. A policy of the Mohave County Public Works Department is that private roads may propose less than standard right-of-way width. The Mohave County Subdivision Regulations require that where private roads are proposed, an owners association must be established to provide permanent maintenance of the private roadways. 4. Long blocks. This request is tbr both Blocks A and B, wlfich exceed maximum block length. Article 6.6.1 .a of the Mohave County Subdivision Regulations requires block lengths of less than 1,320 feet for lots less than 20,000 square feet in area. WHEREAS, 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 Plm~ of the county or other regulations, and WHEREAS, the Public Works Department recommends, with the exception of the road cross sections which must meet the standards of BOS Resolution No. 91-335, the use of Maricopa Association of Govermnents (MAG) Standards for the completion of certain improvements for the subdivision, including but not limited to the construction of roadways. MAG standards have not been officially adopted by the Mohave County Board of Supervisors, 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 comply with the land use designation of the South Mohave Valley Area Plan; however, that plan is being concurrently amended to accommodate the density of this proposal. The proposal complies with the land use designation of the Mohave County General Plan. c. The site appears to be adequate for the single-family residential use proposed. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on May 12, 1999, the Commission recommended APPROVAL of the Preliminary Subdivision Plan and Petition of Exception subject to the following conditions: PAGE ~ OF 5 BE ~48 PG 278 FEE~99045551 RESOLUTION NO. 99-197 Page 3 1. The approval of this subdivision is based on the understanding by the Planning Commission and the Board of Supervisors that: · All subdivision roads, including fire portion of West Shore Drive from the subdivision to St. George Road, 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 reports and as approved by the County Engineer. · The developer shall provide central water and central sewer service to each lot in the subdivision. · The developer shall, prior to the recordation ora Final Plat for each phase of this subdivision, obtain fi'om the Arizona Department of Water Resources a determination of water adequacy Ibr the central water service, affirming an adequate water supply for the subdivision. · The sanitary facilities for the subdivision must be approved by the Arizona Department of Enviromnental Quality prior to Final Plat recordation. The approvals to construct water and sewer improvements and the approvals 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. · Electric service to each lot will be provided by Mohave Electric Cooperative. · Natural gas service will be provided by Southwest Gas Corporation. · Solid waste (garbage) disposal will be provided by Hargus Disposal. The developer must submit a signed contract with that company or another 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 Mohave Valley Fire Department. · Fire hydrants shall be provided by the developer at locations prescribed by the fire department, but the spacing between the hydrants shall not be greater than that required by the Mohave County 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 recommended by the design engineer, to the satisfaction of the Comity 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 tbr library purposes. P~6E ~ OF 5 BK 3345 PG 27~ FEE~S~O~$551 RESOLUTION NO. 99-197 Page 4 3. The requested alnendment to the South Mohave Valley Area Plan being processed concurrently with this Preliminary Plan must be approved by the Board of Supervisors. 4. The subdivision is a private, gated development. The developer shall construct a six-foot tall block wall aromad the perimeter of the subdivision, and shall complete the wall and gating of the subdivision with the improvements fbr the tract. A one-foot wide vehicular non- access easement shall be located along and inside the perimeter of the subdivision at all points where existing rights-of-way, easements, or physical roadways lie contiguous to the subdivision property, except at the Courtwright Road, West Shorn Way, and the Dike Road/Parcel C points of ingress/egress. 5. The roads in this subdivision shall be private roadway rights-of-way, and shall also serve as public utility easements. The developer shall establish through the Arizona Corporation Commission a property owners association which ;vill be responsible for the perpetual maintenance of the private roadways of this subdivision, and for all other conmaon areas and elements. 6. All approved poims of ingress/egress of the subdivision shall be gated by the developer. 7. The Final Plat(s) of this subdivision shall include notation acceptable to the Mohave County Engineer indicating that the roads in this subdivision are private, and that under no circumstances will Mohave County be responsible now or in the future for their maintenance. 8. The developer shall provide improvements which may be prescribed by the Bureau of Reclamation, the Army Corps of Engineers, and any and all other agencies which may have jurisdiction over the dike or other facilities affected by this subdivision, and obtain written concurrence from those agencies that their concerns have been satisfied prior to the recordation of the first Final Plat for this subdivision. Any improvements which may be required by a jurisdictional agency shall be incorporated into the improvement plans for this subdivision, and constructed with the other improvements for the tract. 9. Prior to the consideration by the Board of Supervisors of the Final Plat for this subdivision, the developer shall extinguish and/or process an abandonment for any and all existing easements which are to be platted-over by this proposed subdivision, including the 30-foot private roadway and public utility easement established per Book 2787, Page 959, of Mohave County Official Records. The method and processing of the extinguishment of these easements shall meet with the approval of the Mohave County Attorney's Office, the County Engineer, mad the Planning and Zoning Director. 10. Prior to the consideration by the Board of Supervisors of the Final Plat for this subdivision, the developer shall submit to the Planning Director satisfactory evidence that any court proceedings regarding the title or disposition of this property have been concluded, with tire result that the title to this property is clear of encumbrances and is not clouded by pending or continuing court litigation. PAGE 5 OF 5 BY, 3348 F'6 ""'~iq.,.,~. FEE~-99045551 RESOLUTION NO. 99-197 Page 5 11. Prior to the consideration by the Board of Supervisors of the Final Plat for this subdivision, the developer shall obtain from all of the owners of parcels adjacent to this subdivision having river frontage, written statements consenting to the arrangement for their access tln'ough this subdivision to Dike Road, the private roadway providing access to those parcels. The developer shall ensure that the platting of this subdivision does not deny any property owner their sole means of legal access to their property. 12. Minimum lot sizes will be established as per the recorded Final Plat for the subdivision. 13. Lots within the recorded Final Plat of this subdivision will not be further divided. 14. Drainage easements, channels, and devices acceptable to the County Engineer will be provided/hr all on and off-site drainage related improvements. 15. Comments made in the Planning and Zoning review letter dated April 5, 1999, and the Public Works review letters dated April 13, 1999, and items # 13 and # 15 of their review dated March 19, 1999, shall be addressed with the submittal of the Final Plats for this subdivision. 16. This conditional approval for the subdivision is based on the Preliminary Plan submitted for review on February 25, 1999. 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, July 7, 1999, and posted on July 9, 1999, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their special meeting on Monday, July 26, 1999, APPROVED this Prelimiuary Subdivision Plan and Petition of Exception as recommended by the Mobave Count), Planning and Zouing Commission and outlined herein. MOHAVE COUNTY BOARD OF SUPERVISORS James Clerk: