HomeMy WebLinkAbout95-449
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950534.30 BK. 2645 PG 37~
OFFICIAL RECORDS OF MOHAVE C:OUHTY, AZ
JOr,l, Me CALL, MOHAVE COUNTY RECORDER
11/08/95 07:58A PAGE 1 OF 5
tIOI~I.w[ COUHTY BOARD OF SUPERVISORS
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RESOLUTION NO. 95-449
A RESOLUTION SETTING FORTH A PRELIMINARY SUBDIVISION PLAN AND PETITION
OF EXCEPTION FOR FAIRWAY ESTATES #2, TRACT 4157, BEING A RE-SUBDIVISION OF
LOTS 4, 5 AND 6, BLOCK A, AMENDED FAIRWAY ESTATES, PHASE I, TRACT 4097-A,
SECTION 35, TOWNSmp 19 NORTH, RANGE 22 WEST, IN THE SOUTH MORAVE VALLEY
AREA, MORAVE COUNTY, ARIZONA.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on Monday,
November 6,1995, 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 Glen Ludwig, Ludwig Engineering Corp. of San Bernardino, California, and
WHEREAS, the property is located east of Highway 95 and south of Joy Lane. The subdivision
is accessed from Highway 95 via Joy Lane, then east to Club House Drive, then south to the site. The
property is designated as an Urban Development Area by the Mohave County General Plan, and
WHEREAS, the surrounding land use consists of a single-family residential subdivision. A number
of homes have been constructed in the area, and
WHEREAS, the proposed subdivision is are-division of Lots 4, 5 and 6, Block A, Fairway Estates,
Tract 4097-A. The owner of the property is creating this new subdivision to create four lots from the
existing three lots. The developer has indicated that the lots will have a model home constructed on each
lot and will be a part of the existing model home sales complex for the subdivision. There is an existing
model home on proposed Lot I. The other lots are vacant, and
WHEREAS, the roadway adjacent to the site which will provide access to each lot has been
improved with asphaltic concrete in accordance with Standard # 171 and # I 01.1 D of the County Engineering
Road Standards and has Type "C" rolled curb and gutter. This improvement was completed as required for
Fairway Estates, Tract 4097-A, and
WHEREAS, the Preliminary Plan depicts 0.81 acre subdivided into 4 single-family residential lots.
The average lot size will be 6,080 square feet.
WHEREAS, the site was rezoned to SD/R (Special-DevelopmentlResidential Homes) on March 5,
1990 per BOS Resolution No. 90-60. This rezone was approved at the time the plat was recorded for
Fairway Estates, Tract 4097-A, and
RESOLUTION NO. 95-449
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WHEREAS, electric power will be provided by Mohave Electric Cooperative; telephone provided
by Citizens Utilities Company; sewage treatment provided by Sorenson Utilities Company; water provided
by Bermuda Water Company; solid waste disposal provided by Tri-State Refuse; and fire protection
provided by Fort Mojave Mesa Fire Department, and
WHEREAS, Petitions of Exception were submitted for the following:
1. Ten-foot front yard Public Utility Easements instead of 16-foot rear yard Public Utility
Easements. This request is for the entire subdivision. Section 6.9 of the Mohave County
Subdivision Regulations requires easements at least 16 feet in total width be provided along
rear lot lines.
2. Comer lots that are not 10 feet wider than the average width of the lots within that block.
This request is for Lot 3. Section 6.7-7 of the Mohave County Subdivision Regulations
requires that where residential lots are designated with minimum areas, comer lots shall be
at least 10 feet wider than the average width ofthe lots within that block.
This petition is 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 following justifications:
1. Front Yard Public Utility Easements.
A. The granting ofthis petition will not be detrimental to the public welfare or injurious
to other adjacent properties because:
. Underground utilities are presently in place in the front yards adjacent to the
street.
B. The request will not nullify the intent of the Master Plan of the County or other
regulations because:
. Required utilities are provided in a more logical location and is aesthetically
superior to overhead service.
C. The special circumstances or conditions affecting said property are as follows:
. The creation of a well-planned community is enhanced by underground
service to the lots.
. Maintenance of utilities in areas adjacent to streets is more practical.
. The utilities presently exist underground adjacent to the roadway.
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2. Comer lots that are not I 0 feet wider than the averai:e width of the lots within that block.
A. The granting of this petition will not be detrimental to the public welfare or injurious
to other adjacent properties because:
. Houses designed for this subdivision will maintain all required front, side,
and rear yards, therefore not adversely affecting any adjacent lots.
B. The request will not nullify the intent of the Master Plan of the County or other
regulations because:
. A variety of lot widths is encouraged by the Master Plan and local policies.
. Section 25.A.4 of the Zoning Code provides that a comer lot shall have the
same usable area as an interior lot of similar dimensions. With total side yard
areas of 15 feet on comer lots versus 10 feet on interior lots, a comer lot
needs to be only 5 feet wider than an interior lot.
C. The special circumstances or conditions affecting said property are as follows:
. This development is a developer constructed project. Houses are constructed
on the lots with control by the developer, assuring that no further exceptions
on lots are needed.
WHEREAS, the following described Findings of Fact are for the above captioned item:
a. All notices have been advertised and posted according to regulations.
b. The proposed action complies with the Mohave County General Plan and the property is
designated as an Urban Development Area.
c. The site is adequate for the action intended and the use is consistent with the surrounding
land uses.
d. The property was rezoned RlSD per BOS Resolution No. 90-60.
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on
October 11, 1995, the Commission recommended APPROVAL for a Preliminary Plan subject to the
following:
1. The approval of this subdivision is based on the understanding by the Commission and the
Board of Supervisors that the following improvements and approvals will be required. The
water quantity and quality will be approved by the Arizona Department of Water Resources.
The water distribution system, including adequate pressure and volume for fire flows, will
be constructed to serve each lot and be approved by the Arizona Department of
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Environmental Quality. Sewage disposal will be by a public sewer system to be approved
by the Arizona Department of Environmental Quality. 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. Electric and telephone service
shall be provided to each lot in accordance with Arizona Corporation Commission
regulations. This subdivision will be submitted to the Planning and Zoning Department. All
lots and street centerline monuments will be staked and monumented in accordance with
Standard Specification #102 of the Mohave County Public Works Department. Fire hydrants
will be provided at locations prescribed by the Fort Mojave Fire District; street 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. 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. A corporate entity for this project shall be formed to provide perpetual maintenance for the
project's block walls, common areas, landscaping, vegetation, or any other facility deemed
to be under joint ownership oflot owners, as detailed in the CC&Rs. Moreover, the articles
of incorporation forming the property owners association shall be submitted as per Mohave
County Subdivision Regulations.
3. A 6-foot high concrete block, brick or masonry wall shall be provided by the developer when
rear yard setbacks are less than 20 feet.
4. The Preliminary Plan will need to show drainage arrows depicting the proposed flow
direction.
5. The Engineer of Record needs to certifY that the post- and pre-developed flows for this plan
will not significantly increase from the post- and pre-developed flows that were calculated
for the previously approved subdivision, Fairway Estates, Tract 4097.
6. An abandonment and reversion to acreage of lots and easements in Fairway Estates, Tract
4097-A, will need to be completed prior to approval of the Final Plat.
WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of
general circulation in Kingman, Mohave County, Arizona, October 22, 1995 and posted on October 20,
1995, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations.
RESOLUTION NO. 95-449
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NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting
on November 6, 1995, APPROVED this Preliminary Plan as recommended by the Mohave County Planning
and Zoning Commission and outlined herein.
MORAVE COUNTY BOARD OF SUPERVISORS
ATTEST:
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Pat Holt, Chairman