Loading...
HomeMy WebLinkAbout94-143 ,. . J ~8~XEU. 55546 BKMI~::: 5~; OFFICIAL RECORDS OF MOHAVE COUNTY AI. *JOAN M~CALL, MOHAV. COUNTY RECOROER~ 09/20/94 1'05 P.~_ PAGE i OF 6 HOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0,00 HC \9~~ RESOLUTION NO. 94-143 A RESOLUTION SETTING FORTH APPROVAL OF A REZONE OF GOVERNMENT LOT 1 (EXCEPTING THE EASTERN 563 FEET) AND ALL OF GOVERNMENT LOT 2, SECTION 3, TOWNSHIP 18 NORTH, RANGE 22 WEST, TO BE KNOWN AND SUBDIVIDED AS FAIRWAY VILLAGE, FROM C-2 (GENERAL-COMMERCIAL) AND M (MANUFACTURING) TO R(SD)/4,750M (RESIDENTIAL-SPECIAL DEVELOPMENT/FOUR THOUSAND SEVEN HUNDRED AND FIFTY SQUARE FOOT MINIMUM LOT SIZE), IN THE SOUTH MOHAVE VALLEY AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the special meeting of the Mohave County Board of Supervisors held September 19, 1994, a publio hearing was oonduoted to determine whether approval should be granted for a rezone of the above referenoed property from C-2 and M to R(SD)/4,750M, to be known and subdivided as Fairway Village, and WHEREAS, the owner/developer is Glen L. and Pearle A. Ludwig, San Bernardino, California. The engineer responsible for the preparation of the drainage report and design of the proposed subdivision is Riohard J. Rieoker, P.E., Ludwig Engineering, San Bernardino, California, and WHEREAS, this property is located approximately four miles south of the Bullhead City limits on the southwest corner of the Lippan Boulevard/SR 95 intersection, and WHEREAS, a review of Floodplain Map #040058-2445-C indicates that the western eme-third of this property (proposed Fairway Village subdivision) lies wi thin a "B" (500 year-minor designated) flood zone, and WHEREAS, the site is vacant. Surrounding land is vacant with the exception of a small commercial endeavor to the south. The property to the west and north of this site is Fort Mohave Tribal Land. The land to the west of this property is being farmed, and WHEREAS, e1ectrio power will be provided by Mohave Eleotrio Cooperative, telephone servioe by Citizens Utili ties Company, domestic water supplied by Bermuda Water Company, gas supplied by Southwest Gas and sewer service furnished by the Fort Mohave Tribal Utility Authority, Solid waste disposal will be provided by Tri-State Refuse, and Fort Mojave Mesa Fire Department will provide fire protection, and , . . RESOLUTION NO. 94-143 Page 2 WHEREAS, the South Mohave valley Area Plan specifies property as General Commercial and General Manufacturing. rezone request does not conform to the Area Plan. An Area amendment is required, and this This Plan WHEREAS, this SD/R rezone request is being presented for review and approval prior to the Preliminary Subdivision because of the numerous exceptions and waivers being requested. This avenue was chosen to save the developer time and money and to remove uncertainties from future decisions, and WHEREAS, the developer is proposing to subdivide 69.7 acres into 362 single family lots and a 2. 25-acre common parcel that includes a club house, pool, tennis courts, volleyball court and off-street parking for 27 vehicles. Two commercial parcels totaling approximately 15 acres will be developed later, and WHEREAS, the single family residential lot breakdown consists of the following: 1. 154 lots ranging from 4. 750 to 5.,.QQQ square feet, or 43% of total residential ~~. 2. 123 lots ranging from 5.000 ..t,o...6....QQQ square feet, or 34% of tot",;Lre,"lUlJ~!ttial lots. 3. 85 lots ranging from 6.000 to 16"..QQQ square feet, or 23% of total resiq!;,Jlt;l,,;::Il.....l.Q.:ts., and WHEREAS, the R-l zone is the underlying zOne in the requested SD/R zone. The Mohave County Zoning Ordinance, Section 25.B, establishes the minimum lot size in the R-l zone as 6,000 square feet. It also establishes the minimum setbacks as: front, 20 feet; side, 5 feet; and rear, 25 feet, and WHEREAS, the Mohave County Zoning Ordinance, Section 19.B.I., states: When R(SD) (Residential/Special Development) is granted, the property uses may be designed to contain a mlzture of single family dwellings (including townhouses, condominiums, cooperative apartment, or patio houses), duplexes, and multiple dwellings (either single-floored or multi-storied). The proposed structures may be arranged individually, in groups, or in clusters without regard to lot areas for immediate denSity as long as an appropriate amount Of land to comply with overall minimum densities is provided under undividable joint ownership of all property owners for recreation or open space, and PAGE 2 OF 6 BY. 2465 PG 558 (FEE;94-'55~6) . . RESOLUTION NO. 94-143 Page 3 WHEREAS, the Mohave County Zoning Ordinance, Section 25.B., further states: The intent of this provision (SD) is to encourage flexibility of design that will enable the developer to take advantaae of tl\!LJ[IOS:t ctej;lj,rable site areas o,:t:,..,.th~parcel in question without being restricted to specific lot sizes and densities, as long as the overall densities of the entire tract conform to their minimum zone requirements, and WHEREAS, the Mohave County Zoning Ordinance, Section 25. C, establishes the maximum density of lot coverage for i'!J"l,,_.,$'!.ng..;!g Familv Residentil;l,:L.__1,.l,S,eJil. (including accessory buildings and storage) in any zone classi,ti9.Clt,;1Qil. Section 25. C.1.h., states that 10t'L.vnQ<;lr 7 000 square feet are g.9~ljlrDSLQ.~ (must comolv wi th) setback and off-street park:!.I)g., ,r,equirements, and WHEREAS, the applicant proposes the following setbacks to accommodate homes on the smaller lots in this subdiviSion: front, decrease from 20 feet to 15 feet; side, 5 feet; and rear, decrease from 25 feet to 10 feet, and WHEREAS, a major concern is the unresolved issue of a 16- foot Public Utility Easement required by Mohave Electric Cooperative. This PUE is required along the western and northern boundary of the subdivision. The developer feels that this is not necessary and is unwilling to provide it. Mohave_,GQ\Jnty..h;:l1i> no authQ!"JJ:y.to...,;:lJ;!PXQye or denv the utility comp<"ny:' s reauest. The Arizona Corporation Commission regulates public utili ties, If the developer wiShes electric service extended, he must provide the PUE. Grantina a 10-foot,..:r.ear setback would allow f,QX an encroachment of ,?,::LJ,e;;tSt...Q..,_f,eet into the PUE, and WHEREAS, although smaller lots have been allowed in other Fairway Estates projects, the overall percentage of smaller lots (less than 6,000 square feet) was lower and the provided open spaces and amenities were greater, and WHEREAS, Fairway Estates, Tract 4097, was 80 acres in size and consisted of 279 single f<,mily residential lots ranging in size from 6,000 to 15,000 square feet. A 6.48-acre recreation/club house/open sp<,ce complex was provided. The front 450 feet, or 14.6 acres, was not included in the Subdivision but was reserved to be developed later. The zoning assigned to this subdivision was R/SD. The Preliminary Plan was approved February 5, 1990, and P~GE 3 O. b 3K 246~ ~G ~~9 (rEE~94-SSS46) i . . RESOLUTION NO. 94-143 Page 4 WHEREAS, Fairway Estates, Tract 4148, was originally proposed as patio homes which shared a common wall situated on the common lot line. This subdivision was developed on the above referenced set-aside acreage from Tract 4097. This tract contained 76 lots with a minimum lot size of 4,500 square feet and an average lot size of 5,812 square feet. The lots shared the 6.48-acre recreation/Club house/common space from Tract 4097. In addition, there was an agreement in place which allowed lot owners use of the adjoining Desert Lakes Golf Course. During the approval process the patio home concept was revised and individual homes were substituted. The zoning resolution was amended to accommodate the individual residences. Granted setbacks were: front, 15 feet; side, 5 feet; and rear, 10 feet. The Preliminary Plan was approved August 3, 1992, and WHEREAS, the submitted Sketch Plan for Fairway Village proposes a higher number of small lots and a smaller amount of recreation/open space. This 69. 7-acre tract contains 362 lots with a minimum lot size of 4,750 square feet and an average lot size of 5,733 square feet. The small lots are scattered throughout the subdivision. A 2.25-acre recreation/Club house, open space parcel is being provided to justify the small setbacks and the deviation from the required 6,000 square foot lot size. This open space parcel includes off-street parking for 27 vehicles. The developer is proposing the amenities to justify the requested deviations from the standards. Th~C9Vn~ Subdivision BS'gj,tlJ:!tions do not orovide ..:f,Q].' such a traCle,"7.off, and WHEREAS, since the first Sketch Plan submittal of this proposed subdivision, staff has explained to the engineer/developer that his lot size did not conform with the minimum lot size established by the Mohave County Zoning Ordinance for single family residential lots (6,000 square feet), and WHEREAS, after thoroughly reviewing this project, that the proposed SD/R zoning was inappropriate subdivision and recommended that this request for a DENIED based upon the following: staff felt for this Rezone be . The request does not conform to the area plan. . The design depicted is a conventional residential development in which a large the homes are being built on minimum minimum sized lots. single family percentage of or less than . A small recreational parcel, with club associated parking, is being provided in an deviate from established standards. PAGE 4 OF b BK 2465 PG 560 (FEE~9~-S55~b) house and attempt to J . . RESOLUTION NO. 94-143 Page 5 . It is not a mixture of residential types arranged individually, clustered, or in groups as intended and provided for in the SD/R zone, nor is ,;Lt,~-,jesi(;med to :!;",!j::!il",dvantage of the most des.1..l:::atlle site areas as 1>'9..S the intent of the Mohave C9Vnt~ zonina Ordinanc~. The subdivision as designed utilizes (takes advantage of) the entire 69-acre parcel, R-O zoning with 6,000 square foot minimum lots would be a more appropriate zoning designation for this subdivision. Deviations from the standard setbacks would not be necessary. The approval of this proposal as submitted will encourage and proliferate decreasing lot sizes in future subdivision submittals. Large numbers of exceptions from the requirements of the base zone change the character of development in the area, and WHEREAS, at a public hearing on April 13, 1994, the Mohave County Planning and Zoning Commission recommended APPROVAL of the requested rezone subject to the following conditions: 1. Compliance Preliminary Resolution Preliminary with the conditions stated on the Plat approval as set forth in the BOS which approves this subdiviSion's Plan. 2. The applicant shall comply with all applicable provisions of Sections 25, 26, 27, and 31 of the Mohave County Zoning Ordinance. Compliance with Ordinance 87- 1 (Dark Sky Ordinance) is also required. 3. The minimum lot size recorded Final Plat. allowed. shall be established by the No further lot splits shall be 4. The minimum setbacks for this subdiviSion shall be: front 15 feet; rear 15 feet; side 5 feet. 5. All pertinent zoning/building/environmental permits shall be obtained. 6. The rezone shall become effective upon the recordation of the Final Plat. If development is phased, zoning shall become effective as each phase is developed. WHEREAS, notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation, in Kingman, Mohave County, Arizona on September 4, 1994, as required by the Arizona Revised Statutes and the Mohave County Zoning Regulations. PAGE 5 OF 6 BK 2~65 PG 561 (FEE~9+-555+6) .. , ~ . . RESOLUTION NO. 94-143 Page 6 NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their special meeting on Monday, September 19, 1994, APPROVED the rezoning from C-2 and M to R(SD)/4,750M, as recommended by the Mohave County Planning and Zoning Commission, subject to the conditions outlined herein. Mohave County Board of Supervisors Attest: ~ e. {A)a))../ J n C. Ward, Chairman PAGE 6 OF 6 BK 2465 PG 562 (FEE~~4-555+6)