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HomeMy WebLinkAbout95-449 . INDEXED 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 R~CORDIHG FEE 0.00 MICRORLMm (\~ . , 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 Page 2 . . PAGE 2 OF 5 BK 2645 PG 375 FEE~95058430 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. . . RESOLUTION NO. 95-449 PAGE 3 OF 5 Page 3 BK 264~ PG 376 FEE;9~O~8430 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 RESOLUTION NO. 95-449 Page 4 . . PAGE 4 OF 5 BK 26+5 ~G 377 fEEt9S058+30 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 Page 5 PAGE 5 OF 5 BK 2645 PG 378 FEE~95058~30 . . . 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: \~d:6-&7~ ~ Pat Holt, Chairman