HomeMy WebLinkAbout99-457 9"90'71662 BK 342- F'G 447
RECORDS OF I~OHAVE
JOAN HO CALL~ MOHAVE COUNI'Y RECORDER
12/0'771999 04:27P PAGE 1 OF ?
MOHAVE COUNTY BOARD OF'
RE ~ORDING FEE
RESOLUTION NO. 99-457
A RESOLUTION SETTING FORTH A REVISED PRELIMINARY SUBDIVISION PLAN AND
PETITION OF EXCEPTION FOR LOS LAGOS COUNTRY CLUB VILLAS AND ESTATES,
TRACT 4166, BEING A SUBDIVISION OF PARCELS B, E AND Q OF LOS LAGOS, TRACT
4096-A, AND A PORTION OF THE SE¼, A PORTION OF THE NE¼, AND A PORTION OF THE
W~ OF SECTION 1, TOWNSHIP 18 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 December
6, 1999, a public hearing was conducted to determine whether approval should be granted for a Revised
Preliminary Subdivision Plan for the above described subdivision, as requested by agent Sterling Vamer for
the owner, Los Lagos Limited Partnership of Mission Viejo, California. The project engineer is Ludwig
Engineering, San Bemardino, California, Arizona, and
WHEREAS, the property is located approximately four and one-half miles south of Bullhead City.
The property is accessed via State Highway 95, then east one mile along and north of Boundary Cone Road
to the site. The subdivision is bounded by Boundary Cone Road to the south, Vanderslice Road to the east,
Mountain View Road to the west, and two developments, Los Lagos, Tract 4096-A and Sun Valley, to the
north, and
WHEREAS, the Revised Preliminary Plan for Los Lagos Country Club Villas and Estates, Tract
4166, depicts 306.5 acres subdivided into 628 single-family residential lots, and at least 16 parcels of various
use, including an 18-hole golf course, a multi-family parcel (Paxcel L), and a recreational parcel with a club
house, restaurant, teunis courts, and uses related to the golf course. The vast majority of residential lots in
the east half of the subdivision (the Villas) are Special Development lots, with minimmn lot sizes of 4,800
square feet. The residential lots in the west half of the subdivision (the Estates) all meet or exceed 6,500
square feet in size. The subdivision is proposed to be completed in eight phases, and
WHEREAS, services for Tract 4166 will be provided by the following: Electric service from
Mohave Electric Cooperative; telephone service from Citizens Utilities Company; water service from
Bermuda Water Company; sewer service from Citizens Utility Company or other approved provider; natural
gas service from Southwest Gas; solid waste (garbage) disposal from Tri State Refuse; and fire protection
from the Fort Mohave Mesa Fire Department, and
RESOLUTION NO. 99-457 Page 2
WHEREAS, the original Preliminary Plan for Tract 4166 was conditionally approved by the Board
of Supervisors on February 1, 1999, per BOS Resolution No. 99-43. The developers and project engineer
proposed a number of changes to this project during the processing of the Final Plat for the first phase of
the subdivision, and questioned provisions of the Special Development Zoning Policy, which imposed
requirements upon this development that the developers feel are inappropriate, or are unworkable. The
concerns of the developers, as expressed in recent meetings with staff' and per correspondence, are as
follo~vs:
l. The developers now desire to construct the golf course, which is an integral part of this
subdivision, with the third phase of Tract 4166. The golf course will still be platted as a part
of Tract 4166-A, but the developers will construct the golf course with Tract 4166-C.
2. The developers do not agree with County staff's interpretation of a particular provision of
the Special Development Zoning Policy. A proposed amendment to that policy is being
evaluated by the Commission concurrently with this Revised Preliminary Plan. The policy
now states in part: "Development requests which include lots less than 6,000 sq. ft. via SD/R
zoning shall be granted only when improved lots with homes are sold as a package. All lots
shall be sold as improved lots per Arizona Department of Real Estate definition." The
developers contend that it was their understanding that this policy requires only those lots
less than 6,000 square feet to be sold as improved lots. Staff does not concur with the
developer's interpretation; however, if the policy is amended as recommended by staff, this
issue will be resolved in accommodation of the developer's request.
3. The developers' request of the Planning and Zoning Commission a waiver of the provision
in the Special Development Zoning Policy that requires the engineer's cost estimate of
improvements to include a dollar amount to cover the required block privacy walls in the
subdivision. The SD Zoning Policy states in part: "Assurances and engineer cost estimates
must reflect all improvements, including recreational facilities, clubhouses, block walls,
etc...." The engineer's cosl estimate submitted with the Final Plat for Tract 4166-A does not
include dollar amounts for such block walls, or the clubhouse, tennis courts, etc., amenities
proposed by the developer which are required, per the provisions of the SD Zoning Policy,
to be covered by the assurance for the project.
4. Many lots which back to the golf course are being lengthened, reducing slightly the size of
the golf course. This change does not appear to significantly affect the plat, and
WHEREAS, the Planning and Zoning Commission has not previously waived any provisions of the
Special Development Zoning Policy for any other subdivision, and
WHEREAS, Petitions of Exception from compliance with the Subdivision Regulations were
submitted for the following:
RESOLUTION NO. 99-457 Page 3
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 lot lines to
be within five degrees of a right angle to adjacent road rights-of-way.
3. 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.
4. 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.
5. 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.
6. Sub-standard roadway right-of-way widths. This request is for all private roads in the
subdivision. Board of Supervisor Resolution No. 91-335 requires at least standard widths
for roadway rights-of-way. The private roads in this subdivision do not meet the
requirements of Mohave County for right-of-way width.
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, and
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. 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 of 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 must meet the standards of BOS Resolution No. 91-335, the use of MAG (Maricopa
Association of Governments) 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
RESOLUTION NO. 99-457 Page 4
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 proposal complies with the "Single Family Residential" designation per the South
Mohave Valley Area Plan. The proposal complies with the "Urban Development Area"
designation and closely, though not exactly, conforms to the "Low Density Residential"
detailed designation of the Mohave County General Plan. The expansion of the existing
multi-family parcel encroaches slightly upon about one acre of land designated as "Single
Family Residential" and "Low Density Residential" per the plans, but appears to be an
acceptably limited expansion so as to not conflict seriously with those designations. Neither
plan specifically anticipates commercial uses for this property; however, the uses proposed
seem consistent with the golf course and surrounding development.
c. The site appears to be adequate for residential development and the neighborhood
commercial uses proposed
WHEREAS, at the public hearing before the Mohave County Plmming and Zoning Commission on
November 10, 1999, 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;
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 will provide central water service to each lot in the subdivision;
The developer will provide central sewer service to each lot in the subdivision;
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;
The developer will provide electricity and telephone service to each lot in the subdivision;
The developer has proposed and will provide natural gas service to each lot in the
subdivision;
· 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;
The developer will arrange for permanent fire protection for the development;
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;
RESOLUTION NO. 99-457 Page 5
· 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 County Engineer.
As a condition of approval, the owner/subdivider is responsible for the completion of these, the
proposed and required project improvements, and shall provide an assurance for all required
subdivision improvements as stated herein, in accordance with Article V of the Mohave County
Subdivision Regulations.
1. 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.
2. The first phase of this subdivision shall include all of the property within the boundary of
Tract 4166, specifically including those residential lots as depicted on the approved
Preliminary Plan (Phase A lots being platted therein, and future phases depicted as parcels
which will be further subdivided by subsequent Final Plats), the golf course and drainage
devices, the multi-family parcel and the commercial/recreation parcel.
3. The golf course, to be platted with Tract 4166-A and so labeled, shall be constructed with
Tract 4166-C.
4. The developer shall, with the processing of the Final Plat for Tract 4166-A, provide one
assurance document acceptable to Mohave County to cover the improvements for Tract
4166-A. The developers have proposed the use of Mohave County's standard trust
agreement form of assurance for use with Tract 4166-A, and the use of that form has been
approved by the Mohave County Attorney's Office. Upon receipt of an executed, acceptable,
consolidated assurance trust agreement for all improvements for Tract 4166-A, in a dollar
amount equal to the total County Engineer-approved cost estimate for all Tract 4166-A
improvements, Mohave County will authorize the release of the $102,500.00 assurance
previously provided to Mohave County by the developers for that part of the Tract 4166-A
improvements that had previously been required of a portion of Tract 4096-A.
5. In developing the many phases of this subdivision, the developers are responsible for
complying with all provisions of the Special Development Zoning Policy, as revised per the
Planning and Zoning Commission meeting of November 10, 1999, except those specifically
waived herein.
RESOLUTION NO. 99-457 Page 6
6. The developer has proposed this development as a "private, gated community", while
offering some public uses in commercial/recreation Parcel A. The developer shall install
wrought iron, or iron and block fencing around the perimeter of the subdivision, and provide
gating at all points of entry necessary to insure that the private roads in this subdivision are
restricted from public access.
7. The entire perimeter wall and entry gates proposed for and required of this subdivision shall
be assured for, on a phase by phase basis. That portion of the perimeter block/wrought iron
wall and gates along Mountain View Road and along Boundary Cone road from Mountain
View Road to and including Entrada Los Lagos, shall be assured for with Phase A.
8. The timing of the completion of the rema'ming portion of perimeter wall and entry gates, and
the completion of non-assured improvements such as the golf corn'se, clubhouse, tennis
courts, etc., shall be defined in a developer's agreement, prior to the consideration by the
Board of Supervisors of the Final Plat for Tract 4166-C (the third phase of this subdivision).
The developer shall, with the initial submittal ora Final Plat for Tract 4166-C, prepare and
submit to the Planning Director a developer's agreement acceptable to Mohave County,
providing a conunitment by the developer to construct all facilities specified herein, and any
others the developer discloses to the Arizona Department of Real Estate in their public report
for any phase of this subdivision (Tract 4166) which includes any lots less than 6,000 square
feet in area, and stipulating agreed upon perfom~ance periods within which the developer is
responsible for the completion of those improvements. The developer's agreement shall,
upon review and recommendation by the Planning Director or their staff, be scheduled for
the consideration of the Planning and Zoning Commission, and upon a recommendation by
the Commission, scheduled for the consideration of the Board of Supervisors, prior to the
consideration by the Board of the Final Plat for Tract 4166-C.
9. The developer is responsible for constructing privacy block or block and wrought iron walls
for all lots less than 6,000 square feet in area. Building permits will not be issued for such
lots until the developer has demonstrated as a part of the permit process that such required
walls have been constructed for the lot being permitted.
10. A Revised Preliminary Plan of Tract 4166 was in review by county staff at the time of the
preparation of recommendations for this item. Staff's comments made in the review of that
Revised Preliminary Plan shall be addressed by the developer with the submittal of the Final
Plat for Tract 4166-A.
11. Minimum lot sizes will be established as per the recorded Final Plats for the subdivision.
12. Lots within the recorded Final Plats of this subdivision will not be further divided.
13. Drainage easements, channels, and devices acceptable to the County Engineer will be
provided for all on and off-site drainage related improvements.
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RESOLUTION NO. 99-457 Page 7
14. The Final Plat for Tract 4166-A and the Revised Preliminary Plan for Tract 4166 shall
address, prior to the recordation of the Final Plat for Tract 4166-A, comments of review
forthcoming from the various Mohave County departments and other reviewing agencies.
15. The Planning Director shall, prior to the recordation of the Final Plat of Tract 4166-A, notify
the Arizona Department of Real Estate that the developer of this subdivision will not be
posting assurances to Mohave County to cover the construction of the golf course,
clubhouse, or tennis courts that are a part of this development.
16. This conditional approval for the subdivision is based on the Revised Preliminary Plan
submitted for review on October 1, 1999, and replaces the previously conditionally approved
Preliminary Plan submitted on December 7, 1998. A new, two-year period of approval for
Tract 4166 is herein approved, commencing with the date of Board of Supervisors approval
of this Revised Preliminary Plan, being December 6, 1999, with the understanding that
portions of this multi-phase subdivision will likely be processing after the adoption of the
new Subdivision Regulations, and will be subject to the provisions of those regulations upon
adoption.
It is the responsibility of the developer to request and obtain ma Extension of Time for this approval PRIOR
to the expiration of the two-year period, and annually thereafter. 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 unrecorded portion of the
subdivision.
WHEREAS, the notice of heating was published in the Standard, a newspaper of general circulation
in Kingman, Mohave County, Arizona, November 17, 1999, and posted on November 19, 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, December 6, 1999, APPROVED this Revised Preliminary Subdivision Plan and Petition of
Exception as recommended by the Mohave County Plannin an~t Zoning Conmfission and outlined herein.
,/
~OHAVE (3 [NTY BOARD OF SUPERVISORS
-~ Buster D. Joh >n, Chairman