Loading...
HomeMy WebLinkAbout95-404 . INDEXED ..MICROFlLMW 95052135 BK 2630 PG 607 OFFICIAL RECORDS OF NOHAVE COUNTY, AZ JOAN MC CAll, MOHAVE COUNTY RECORDER 10/05/95 04:14P PAGE 1 OF 7 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 .~ . I\'~O) RESOLUTION NO. 95-404 A RESOLUTION SETTING FORTH A PRELIMINARY SUBDIVISION PLAN AND PETITION OF EXCEPTION FOR FAIRWAY VILLAGE, TRACT 4154, BEING A SUBDIVISION OF A PORTION OF GOVERNMENT LOT 1 AND GOVERNMENT LOT 2, SECTION 3, TOWNSHIP 18 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 October 2, 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 on the west side of Highway 95 and south of Lip an Boulevard. The site is bounded on the west and north sides by the Fort Mojave Indian Reservation. Access to the subdivision is directly from Highway 95 or from Lipan Boulevard. The property is designated as an Urban Development Area by the Mohave County General Plan, and WHEREAS, the subdivision is being processed under the guidelines as set forth in the Development Standards for SDIR (Special Development/Single-Family Residential Homes). The policy indicates that developments with lot sizes less than 6,000 square feet shall be processed as a Planned Unit Development and that homes and lots must be sold as a package. The policy also requires that no more than 50 percent of the lots, by number, shall be under 6,000 square feet. When lots are proposed which contain net areas less than the minimum standard (6,000 sq. ft.) the total deficient lot area must be offset by providing an equal area of open space in one or more locations within the subdivision, and WHEREAS, the following design standards and improvements have been proposed to address the requirements of the SDIR zoning policy: Lots and houses within the development will be sold as a package unit Less than 50 percent of the lots are below the 6,000 square feet. The common area offsets the deficiency oflots less than 6,000 square feet, and WHEREAS, the Preliminary Plan depicts 70-plus acres subdivided into 357 single-family residential lots and one common area parcel. The minimum single-family residential lot size will be 4,800 square feet with an average lot size of 5,715 square feet. The common area will consist of 3 .20 acres, and WHEREAS, the recreation area will consist of a clubhouse, pool, volleyball and shuftleboard courts, and horseshoe pits. Grass areas will be provided in the remaining open space and will be used for passive recreation. All parking will be provided off-slreet, and . . PAGE 2 OF 7 BK 2630 PG 608 FEE~95052135 RESOLUTION NO. 95-404 Page 2 WHEREAS, the site was conditionally rezoned to SD-R/4,750M (Special Development/Single- Family Residential Homes/Four Thousand Seven Hundred and Fifty Square Foot Minimum Lot Size) on September 19, 1994 per BOS Resolution No. 94-143, and WHEREAS, electric power will be provided by Mohave Electric Cooperative, telephone provided by Citizens Utilities Company, sewage treatment provided by Fort Mojave Tribal Utilities Authority, 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: I. Ten-foot front yard Public Utility Easements in favor of 16-foot rear yard Public Utility Easements. This request is for the entire subdivision. Section 6.9 of the Mohave County Subdivision Regulations require easements at least 16 feet in total width be provided along rear lot lines. 2. A block length greater than 1,320 feet. This request is for Block 1. Section 6.6-I-A of the Mohave County Subdivision Regulations requires that blocks shall not be more than 1,320 feet in length. 3. Single-tiered and double-fronted lots. This request is for Lots 1-18, Block A; Lots 1-16 and 35-41, Block E; Lots 1-8, Block G; Lots 1-10 and 38-70, Block J; and Lots 1-8, Block K. Section 6.6-I-B of the Mohave County Subdivision Regulations requires that blocks shall be wide enough to allow two tiers of lots of minimum depth. 4. Comer lots that are not ten feet wider than the average width of the lots within that block. This request is for comer lots throughout the subdivision. 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 ten feet wider than the average width of the lots within that block. WHEREAS, 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 based on the following justifications: I. Front yard Public Utility Easements. A. The granting of this petition will not be detrimental to the public welfare or injurious to other adjacent properties because: . Underground utilities can better be serviced in front areas adjacent to public streets. . . RESOLUTION NO. 95-404 PAGE 3 OF 7 BK 2630 PG 609 FEE~950S2135 Page 3 . Underground utilities are more aesthetically pleasing than rear yard above- ground lines on poles. 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-planed community is enhanced by underground service to the lots. . Maintenance of utilities in areas adjacent to streets is more practical. 2. Block length greater than 1.320 fleet. A. The granting of this petition will not be detrimental to the public welfare or injurious to other adjacent properties because: . The public welfare can be adequately accommodated by the design proposed. Adequate access exists to allow for the health and safety of the community. . Adjacent properties to the north and west abutting Block J are controlled by the Fort Mojave Indian Tribe. The property is presently farmed and can be developed ultimately without the need to traverse this planned community. B. The request will not nullify the intent of the Master Plan of the county or other regulations because:' . No master planned roads are affected by this request. Access is provided to the Indian Reservation by Laramie Road on the south line of this development. . Adequate internal circulation exists by this design, allowing for a variety of lot sizes and shapes. C. The special circumstances or conditions affecting said property are as follows: . Topographical changes producing, in part, the long block length contribute to the desirability of the development. . . PAGE ~ OF 7 BK 2630 PG 610 FEE~95052135 RESOLUTION NO. 95-404 Page 4 . Block J is on the perimeter of the development and there is no necessity to extend streets to abutting areas. 3. Single-tiered and double-fronted lots. A. The granting of this petition will not be detrimental to the public welfare or injurious to other adjacent properties because: . Rear yards of the project will be screened from view of abutting streets or private properties. B. The request will not nullify the intent of the Master Plan of the county or other regulations because: . County regulations provide for the design as proposed subject to adequate screening provisions. C. The special circumstances or conditions affecting said property are as follows: . The single-tiered lots on the north and west abut the Fort Mojave Indian Reservation where a screen buffer between the agricultural or open uses of the land and the single-family residential lots is appropriate. . Areas to the east, in the same ownership, are zoned for commercial uses where a screening is needed to separate the uses of the land. . Double-frontage lots along Laramie Road separate the single-family residenlial subdivision for planned RV parks and an industrial building to the south. 4. Comer lots that are not ten feet wider than the average width ofthe 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 fit on a 50-foot lot. A minimum 60-foot comer lot will accommodate all houses with a two-car garage. . Lots larger than 50 feet in width were designed into the plan to accommodate personal wants of greater space or to accommodate three-car garages. This satisfies the varying needs and desires of future homeowners. . . RESOLUTION NO. 95-404 PAGE 5 OF 7 BK 2630 PG 611 FEE~95052135 Page 5 B. The request will not nullify the intent of the Master Plan of the county or other regulations because: . A variety oflot widths are encouraged by the Master Plan and local policies. . There are 52 comer lots in this project. An average width is 62.5 feet. This average is greater than the minimum lot width of 50 feet plus 10 feet, and although not conforming to lot width for comer lots in every block, as calculated, there is ample building area to provide for a house comparable to all other lots in the subdivision. C. The special circumstances or conditions affecting said property are as follows: . The creation of this planned community within an SD (Special Development) zone provides for a variety oflot widths and sizes. The concept applies to the project, in total, not by block area. . This project has been designed to meet the polices established by the Board of Supervisors relative to SD developments, encouraging a variety oflot sizes together with community open space areas. . 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 Ihe action intended and the use is consistent with the surrounding land uses. d. The property was rezoned SD-R/4,750 per BOS Resolution No. 94-143 WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on September 13, 1995, the Commission recommended APPROVAL of a Preliminary Subdivision Plan and Petition of Exception subject to the following: 1. The approval of this subdivision is based on the understanding by the Commission and the Board of Supervisors that all streets within the subdivision will be constructed and paved with asphaltic concrete in accordance wilh Standard Specification # 171 and # 101.1 OD of the County Engineering Road Standards or better; all of the interior streets will be standard . . PAGE 6 OF 7 BK 2630 PG 612 FEE~95052135 RESOLUTION NO. 95-404 Page 6 crown with rolled curb. 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 Envirorunental Quality. Sewage disposal will be by a public sewer system to be approved by the Arizona Department of Envirorunental 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. Signed and ratified service contracts from all purveyors of service to this subdivision will be required by staff. 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 of lot 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 one-foot vehicular non-access easement shall be provided around the perimeter of the subdivision due to the single-tier, double-fronted lots. 4. The one-foot vehicular non-access easement as designated on the plat will have a six-foot high concrete block, brick or masonry wall erected upon it to ensure non-access. 5. Necessary ADOT permit(s) shall be obtained prior to recordation of the Final Plat. 6. The private 42-foot ingress/egress easement at the northeast boundary of this development will need to be vacated or abandoned and the instrument recorded prior to recording the Final Plat. 7. Lots within the subdivision are to be developed as improved lots with a home. All lots shall be sold as improved lots per Arizona Department of Real Estate Definition. Transfer of a subdivision block of tract phase to another builder/developer is permitted, provided that improved lots with houses per this definition are sold to individual buyers. . . PAGE 7 OF 7 BK 2630 PG 613 FEE~95052135 RESOLUTION NO. 95-404 Page 7 8. 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. 9. The common area (parcel A) will require recordation with Phase A of the subdivision. The completion of the clubhouse/recreation building and parking area will be required with Phase A. The pool will be completed with Phase B, and the remaining amenities will be completed with Phase C. 10. Laramie Road will require full improvements including curb and gutter to meet the Mohave County road standards. The road will be improved to 44 feet in width from curb to curb. The improvements will be required from Highway 95 to the western boundary of the subdivision. The roadway may be completed in relation to the phasing of the development. 11. The legal description for Fairway Village Drive and Laramie Road will need to be clearly defined on 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, September 17, 1995, and posted September 15, 1995, 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, October 2, 1995, APPROVED this Preliminary Subdivision Plan and Petition of Exception as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHA VE COUNTY BOARD OF SUPERVISORS ATTEST: ~~//- Pat Holt, Chairman