HomeMy WebLinkAbout99-276 MC (:ALL~ MOHAVE C:OU~4!'T
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RESOLUTION NO. 99-276
A RESOLUTION SETTING FORTH A PRELIMINARY SUBDIVISION PLAN AND PETITION
OF EXCEPTION FOR THE VILLAS AT DESERT HORIZONS, TRACT 4162, BEING A
SUBDIVISION OF A PORTION OF THE E¼ OF THE SE~A OF THE NWV4 OF SECTION 23,
TOWNSHIP 19 NORTH, RANGE 22 WEST, IN THE SOUTH MOHAVE VALLEY AREA,
MOHAVE COUNTY, ARIZONA.
WHEREAS, at the regular meeting oftlre Mohave County Board of Supervisors held on August 9,
1999, a pablic bearing was conducted to determine xvhether approval should be granted for a Preliminary
Subdivision Plan and Petition of Exception lbr the above described subdivision, as requested by the
owner/developer, Jolm K. Hoover, representing Counsel Corporation, Santa Ana Heights, California. The
project engineer is Mohave Engineering Associates, lnc., Kingman, Arizona, and
WHEREAS, the property is located approximately one and one-half miles south of Bullhead City.
The property is accessed via State Highway 95, then east along Aztec Road almost one-half mile to the site,
and
WHEREAS, the Preliminary Plan depicts 19.64 acres subdivided into 98 single-fmrfily residential
lots, and 8 landscaping and lrfiscellaneous use p~cels. The residential lots have a minimum lot size of 6,049
square feet and a maximum lot size of 15,289 square feet. Parcels A and F are proposed sign locations.
Parcel D will include a community swimming pool, picnic area and parking. The interior subdivision roads
will be private, designated Parcel H. The developer proposes to plat the subdivision in two phases. The
developer is requesting Special Development Zoning, and alternative side-yard setbacks of zero/ten feet, in
an alternating pattern, rather than the standard 5-Ibot side-yard setback, and
WHEREAS, services and improvemeuts tbr Tract 4162 will be provided by tire following:
electricity fi'om Mohave Electric Cooperative; telephone service from Citizens Utilities Company; central
water service fi'om Berlnuda Water Company; central sewer service t?om the Fort Mojave Tribal Utility
Authority; solid waste (garbage) disposal will be provided by an approved disposal service; natural gas will
be available tltrough Southwest Gas Corporation; fire protection from the Fort Mojave Fire Department; all
subdivision roads, both public and private will be paved by the developer to standards specified herein, and
WHEREAS, Petitions of Exception from compliance with the Subdivision Regulations were
submitted ibr the following:
1. Front-lot public utility easements. The subdivision includes 8-foot PUEs located at the lot
fi'onts, instead of 16-&)ot 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.
RESOLUTION NO. 99-276
2. Single-tiered lots and double-fronted lots. This request is fbr those lots in the subdivision
which are either single-tiered or double-fronted. Article 6.6-1B of the Mohave County
Subdivision Regulatiuns prohibits single-tiered lots and double-fronted lots.
3. Half-width road improvements. This request is ~tbr Calle Del Media and Camino Colroado.
The developer contends that the full right-of-way for these roads will be difficult or
impossible to obtain. Article 6.4-5 of the Mohave County Subdivision Regulations requires
h~ll-width roadway rights-of'-way and improvements. Article 6.4-19 requires a mininmm
improved roadway width of 24 feet ifa full width road is not provided, as required by Article
6.4-5. The developer has the option, if full width right-of-way cannot be obtained by the
dedication of additional right-of-way from neighboring property owners, of dedicating the
additional needed rigbt-o£'-way fi'om his own property. As tiffs situation is of the developer's
own making, and does not appear to result from any insurmountable physical constraint
caused by the terrain of the property being subdivided, staff recommends denial of this item
of exception.
4. Long Blocks. This request is for all blocks in the subdivision which exceed maximmn 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 Plmming and Zoning Commission
recommend to the Board of Supervisors the granting of these exceptions fi'om the Mohave County
Subdivision Regulations as outlined in Article 1.13. With the exception of the half-width rights-of-way,
these items of exception are not detrimental to the public welfare or injurious to other adjacent properties,
nor does the request nullify the intent o t' the Master Plan of the county or other regulations, and
WHEREAS, the Public Works Department recommends, with the exception of the road cross
sections which nrust meet the standards of BOS Resolution No. 91-335, the use of Maricopa Association
of Govenm~ents (MAG) Standards fbr the completion of certain improvements fbr 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. Staff'recommended denial of the petition request for half-width
rights-of-way or improvements, and
WHEREAS, the Ibllowing are findings of fact fbr the above captioned item:
a. All notices have been advertised and posted according to regulations.
b. Tbe proposed action complies with the land-use designation of the South Mohave Valley
Area Plan. The proposal complies with the lmad use designation of the Mohave County
General Plan.
c. The site appears to be adequate tbr the single-family residential use proposed.
WHEREAS, at the public hearing before the Mohave County Platming mad Zoning Commission on
July 14, 1999, the Commission recommended APPROVAL of the Preliminary Subdivision Plan and Petition
of Exception sul~iect to the following conditions:
RESOLUTION NO. 99-276 Page 3
I. The approval of this subdivision is based on the tmderstanding 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.
· 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 of a Final Plat for each phase of this subdivision,
obtain from the Arizona Department of Water Resources a determination of water adequacy
for the central water service, affirming an adequate water supply for each phase of the
subdivision.
· The sanitary facilities fbr the subdivision must be approved by the Arizona Department of
Enviroimlental 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 Envirounaental Quality and submitted to Planning
and Zoning. Approvals nmst also be obtained from the Mohave County Environmental
Health Division.
· Electric service to each lot will be provided by Mohave Electric Cooperative.
· Telephone service to each lot will be provided by Citizens Utilities Company.
· Natural gas service will be provided by Southwest Gas Corporation.
· Solid waste (garbage) disposal will be provided by an approved disposal service. 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 Fort Mojave 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 Standm'd Specification No. 102.
· Road name and regulator signs will be installed in accordance with the requirements of the
Mohave County Subdivision Regulations and as recmmnended 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.
RESOLUTION NO. 99-276 Page 4
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.
The developer must construct those improvements. A final copy of the Department of Real
Estate Report shall be submitted to Planning and Zoning for library purposes.
3. 'l'he subdivision is a private, gated development The developer shall construct a six-foot tall
block wall around the subdivision, and shall complete the wall and gating of the subdivision
with the first phase of the tract. The wall shall be located within a one-foot wide vehicular
non-access easemeut, as depicted on the Preliminary Plan.
4. A block wall, view-obscuring lknce or shrubbery shall be constructed by the developer
around recreational Parcel D, except at the east and west ends of that parcel.
5. The developer shall obtain full width rights-of:way and provide t~hll width hnprovements for
Ca[Ic Del Media and Camino Colorado. If the developer cannot obtain the necessary right-
of-way fi'om neighbors, the developer shall demonstrate this by providing written statements
fi'om those neighbors, expressiug a rejection of the request for that right-of-way. Alternately,
thc developer may provide the additional right-of-way width out of the property being
subdivided. Drainage and design of these and the other subdivision roads shall be addressed
to the satisfaction of the County Engineer.
6. The developer shall construct six-foot tall block privacy walls along side yard lines, except
where residential structures serve in lieu of those walls due to the special zero/ten foot side
yard setbacks, and except that such walls must be tapered in height toward the front of the
lots, as required by the Mohave Coturty Zoning Ordinance.
7. The developer shall comply with the requirements of the Special Development Zoning
Policy. One provision of that policy requires the developer to construct homes on each lot,
aud to sell only in]proved lots, with homes, as a package.
8. 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
Comnrission a property owners association which will be responsible fer the perpetual
maintenance of the private roadways of this subdivision, and for all other common areas m~d
elements.
9. All approved points of ingress/egress of the subdivision shall be gated by the developer.
10. ]'he 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.
?
RESOLUTION NO. 99-276 Page 5
1 i. Prior to the consideratiou by the Board of Supervisors of the first Final Plat for this
subdivision, the developer shall abandon any and all existing easements which may be being
platted-over by this proposed subdivision.
12. Minimum lot sizes will be established as per the recorded Final Plat for the subdivision.
13. Lots within the recorded Fiual Plat of this subdivision will not be further divided.
14. Drainage easements, channels, and devices acceptable to the County Engineer will be
provided fbr all on and of't-site drainage related improvements.
15. Commeuts made in the Public Works review letter dated April 15, 1999, shall be addressed
with the submittal of the Final Plats for this subdivision.
16. This conditional approval lbr the subdivision is based on the Preliminary Plan submitted for
review on March 2, 1999. As provided for in the Mohave County Subdivision Regulations,
this conditioual 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 ibr 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 terminatiou of processing of the subdivision.
WHEREAS, the notice of bern'lng was published in the Staudard, a newspaper of general circulation
in Kingnrau, Mohave County, Arizona, Juls.' 21, 1999, and posted on July 23, 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 regular meeting
on Monday, August 9, 1999, APPROVED this Preliminary Subdivision Plan and Petition of Exception as
recommended by the Mohave County Plalming and Zoning Commission and outlined herein.
MOHA~UN~RVISORS
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