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HomeMy WebLinkAbout95-225 .~~ . .,NDEXED MICROFILMED 9504 1. 232 BK 2605 PG 264 OFFICIt'iL RECORDS OF MOHAVE Ci'UNT''', A.~ ..klAN MeC'ii..J.., liOHM\/E COUNTY RECORDEr;: 08/08/95 03: 57f' PAGE 1 OF 3 rlOHAVE WUNfY BOARD OF SUPERVISORS RECORDING FEE 0.00 RESOLUTION NO. 95-225 A RESOLUTION SETTING FORTH A PETITION OF EXCEPTION TO REDUCE THE REQUIRED WIDTH OF A PORTION OF RIGHT-OF-WAY AND IMPROVED ROADWAY ALONG BORDER LANE FOR THE APPROVED PRELIMINARY SUBDIVISION PLAN FOR WILLOW VALLEY ESTATES 20, TRACT 4134, BEING A PORTION OF SECTION 21, TOWNSHIP 18 NORTH, RANGE 22 WEST, IN THE SOUTH MOHAVE VALLEY AREA, MOHA VE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on August 7, 1995, a public hearing was conducted to determine whether approval should be granted for a Petition of Exception to G. Wayne McKellips, McKellips Land Corporation, for the above described Preliminary Subdivision Plan, and WHEREAS, the subdivision in which the petition is being requested is located west of Highway 95 and north of King Street, and WHEREAS, Willow Valley Estates Unit 20 has an approved preliminary subdivision plan. This proposed subdivision is adjacent to an existing Willow Valley Estates tract. The adjacent subdivision has been developed and homes have been built. A number of roadways have been paved within the boundaries of Willow Valley Estates 20, but are not within a recorded easement. A few of these roadways have been removed in preparation for developing Willow Valley Estates Unit 20. The remaining roadways will be removed as the subdivision is developed. New roads will be created as a part of Willow Valley Estates 20, and WHEREAS, the purpose of the Petition of Exception is to change the alignment of the improved roadway and right-of-way along Border Lane. There are currently trees and a fence located within the right- of-way which would need to be removed to permit the required paving improvements, and WHEREAS, the owner has submitted a Petition of Exception letter noting the following information. The original petition indicated the following: "On behalf of the owner/developer of Willow Valley Estates Unit 20, I respectfully submit this Petition of Exception for the deficiency of improved width within the right-of-way in order to avoid an adjacent property owner's trees, which are within the section of the right-of-way, at 24 feet plus curb, to a point to the east of Station 19+71.46, per the Phase 3 Improvement Plans, then returning to a 33.44-foot, back of curb, improved section", and '" . . RESOLUTION NO. 95-225 PAGE 2 OF 3 Page 2 BK 2605 PG 265 FEE~95041232 WHEREAS, the revised petition indicates the following: "On behalf of the owner/developer of Willow Valley Estates Unit 20, I herewith request an amendment to the Petition of Exception previously submitted to include an exception to the width of right-of-way for a portion of Border Lane in order to exclude the area of the Richardson's trees. This would create a 32 foot right-of-way at the narrowest point, with 28 foot pavement section to the face of curb", and WHEREAS, this amended petition is submitted as a request that the Planning and Zoning Commission recommend to the Board of Supervisors the granting of exception from the Subdivision Regulations as outlined in Article 1.13 for the following reasons: A. The granting of this petition will not be detrimental to the public welfare or injurious to other adjacent properties because vertical curb will be constructed and travel lanes will be constructed to meet ASHTO Standards. . Four feet (4') will be provided in addition to the eight-foot (8') existing Public Utility Easement in order to further protect MEC's proposed transformer location. . There is existing narrower pavement width of 26.61 feet at the point where this development ties into Border Lane, located to the west of the Kingsway Street intersection. B. This request will not nullify the intent or purpose ofthe Master Plan of the County or other regulations because adequate traffic circulation and right-of-way will be provided. C. The special circumstance or condition affecting said property is that in order to provide a full right-of-way width, the fence and two trees at the front of the Richardson property would have to be removed. WHEREAS, the Mohave County Public Works Department recommended denial of the original petition indicating that the proposed substandard road width would be detrimental to public safety. The Planning and Zoning staff concurred with the Public Works Department. The safety of the public good would be negatively effected by leaving the trees and a fence in the right-of-way and narrowing the standard street width, and WHEREAS, this petition was approved by the Planning and Zoning Commission at the May 10, 1995 meeting. The Board of Supervisors continued this item at their June 5,1995 meeting to permit further review of this request, and WHEREAS, a meeting was held at the site with the owner of the land, Ms. Richardson; Joan Ward, Mohave County Supervisor, District 3; Richard Skalicky, Director of Mohave County Public Works Department; Planning and Zoning staff; and representatives from Stovall Engineers. It was determined at the meeting that the proposed realignment of the road would be feasible if the right-of-way was also "' . . RESOLUTION NO. 95-225 P(,GE 3 OF 3 Page 3 BK 2605 PG 266 FEE~95041232 realigned. The realignment of the right-of-way would take the trees out of the proposed right-of-way. It was indicated by the engineer of record that this change would meet minimum roadway safety requirements. The Director of the Mohave County Public Works Department concurred with this assessment that this petition would be possible if all safety requirements were met, and WHEREAS, because changes were made to the original request, this petition was re-advertised and will require another review and approval from the Planning and Zoning Commission, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on July 12, 1995, the Commission recommended APPROVAL for a Petition of Exception subject to the following: I. The right-of-way will be a minimum of 32 feet at the narrowest point where it is adjacent to the trees on Lot II, Willow Valley Estates, Unit 9. This petition will be only for that portion of right -of- way along Border Lane on the eastern boundary of Willow Valley Estates, Unit 20, Tract 4134, and the western boundary of Willow Valley Estates, Unit 9. 2. The roadway surface will be a minimum of a 28-foot pavement section to the face of curbs at its narrowest point. This petition will be only for that portion of improved roadway surface along Border Lane on the eastern boundary of Willow Valley Estates, Unit 20, Tract 4134, and the western boundary of Willow Valley Estates, Unit 9. 3. Vertical curbs will be required along all travel lanes within the realigned right-of-way. 4. All travel lanes will be constructed to meet ASHTO Standards. 5. A 12-foot PUE will be required along the area of realignment to accommodate MEC transformers. 6. The area of substandard right-of-way width shall be marked with 'no parking' signs to be located a minimum of one and one-half feet behind the curb line. WHEREAS, the notice of hearing was published in the Kingma,,- Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, July 23, 1995, and posted July 21, 1995, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. MOHA VE COUNTY BOARD OF SUPERVISORS ~~L Pat Holt, Chal'rman