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HomeMy WebLinkAbout98-196 INDEXED OFFICIAL RECORDS OF MOHAVE COUNT'Y'~ AZ JOAN MC CALL, MOHAVE (~OUNTY RECOROER 06/O~/~G 01:26P PAGE i OF 5 MOHAVE COONTY BOARD OF SUPERVISORS RECORDING FEE 0.00 RESOLUTION NO. 98-196 A RESOLUTION SETTING FORTH A PRELIMINARY SUBDIVISION PLAN AND PETITION OF EXCEPTION FOR BEAVER DAM ESTATES, TRACT 3510, BEING A SUBDIVISION AND CORRECTIVE PLATTING OF LOTS 4-14, LOTS 34-37, PARCEL B AND A PORTION OF PARCEL C, OF BEAVER DAM ESTATES, TRACT 3034-A, IN THE NE¼ OF SECTION 5, TOWNSHIP 40 NORTH, RANGE 15 WEST, IN THE ARIZONA STRIP, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on June 1, 1998, 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 the owner, Keith Whittaker, St. George, Utah. The project engineer is L.R. Pope Engineers and Surveyors, also of St. George, Utah, and WHEREAS, the property is located almost one mile north of the I-15/Highway 91 interchange. The site is accessed via Interstate 15, then north approximately three-quarters of one mile along Highway 91, then southeast along Beaver Dam Drive, then south along Park Place to the site, and WHEREAS, this property originally had been a portion of Beaver Dam Estates, Tract 3034-A, recorded on September 24, 1992. A flood of the adjacent Beaver Dam Wash in February 1995 caused significant damage to the flood prone southern portion of Tract 3034-A, washing away ali or part of some lots, some right-of-way, easements, and improvements. The majority of the lots, parcels, rights-of-way, easements, and improvements in Tract 3034-A escaped flood damage. The U.S. Army Corp of Engineers claimed jurisdiction over the portions of the damaged subdivision that had accrued to the wash. Due to damaged water and sewer lines, the Arizona Department of Environmental Quality revoked earlier approvals for Tract 3034-A, and the Arizona Department of Real Estate canceled the public report on the subdivision. In an attempt to reclaim some use of the damaged property and to obtain new approvals for the subdivision, the new owner, Keith Whittaker, submitted a corrective Preliminary Plan of that portion of Tract 3034-A affected by the flood, which could readily be replatted around the new wash boundary. The property being reclaimed by this Preliminary Plan was assigned Tract 3510 to keep processing separate from old Tract 3034-A, and WHEREAS, the Preliminary Plan for Tract 3510 depicts 3.01 acres subdivided into 5 single-family residential lots and one parcel, located within the Beaver Dam Wash, to be retained by the developer. The residential lots in Tract 3510 average approximately 8,282 square feet in area, and F'~GE 2 OF V ~K 307~ Pti 722 RESOLUTION NO. 98-196 Page 2 WHEREAS, it is the intention of the developer that the lots, parcel, right-of-way, and easements in Tract 3510 dovetail with those in the undamaged portion of existing Tract 3034-A. To accomplish this, abandonments and reversions to acreage were approved on January 5, 1998, per BOS Resolution Nos. 97- 420 and 97-421, for the portions of damaged Tract 3034-A underlying the proposal shown on the Preliminary Plan for Tract 3510. The zoning approved for Tract 3034-A, including the minimum lot size, is compatible with the lots in Tract 3510. No rezoning is necessary, and WHEREAS, services for Tract 3510 will be provided by the following: Electricity will be provided by Dixie Escalante Rural Electric Association; telephone service will be provided by Rio Virgin Telephone; water and sewer service will be provided by approved central water and sewer systems; solid waste (garbage) disposal will be provided by Virgin Valley Disposal; and the subdivision will receive fire protection from the Littlefield Fire Department, and WHEREAS, Petitions of Exception ~vere submitted for the following: 1. Varying-width front lot Public Utility Easements, instead of 16-foot rear yard Public Utility Easements. The request for front lot easements is for the entire subdivision. Section 6.9 of the Mohave County Subdivision Regulations requires that easements at least 16' in total width be provided along rear lot lines. 2. Non-radial lot lines. This request is for those lots within the tract which have non-radial side lot lines. Section 6.7-1 of the Mohave County Subdivision Regulations requires lot lines to be within five degrees of a right angle to adjacent road rights-of-way. 3. Double-fronted lot. This request is for Lot 4, which double fronts Highway 91 and Park Place. Section 6.6-1.B of the Mohave County Subdivision Regulations requires that no subdivision shall include double or triple fronted lots. 4. Knuckle cul-de-sacs. This request is for the Park Place cul-de-sac. BOS Resolution No. 91- 335 requires compliance with AASHTO standards of road design. The Public Works Department has indicated no objection to this item of exception. These petitions are 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. These items of exception are not detrimental to the public ~velfare or injurious to other adjacent properties, nor does the request nullify the intent of the Master Plan of the county or other regulations. WHEREAS, the following are Findings of Fact for the above captioned item: a. All notices have been advertised and posted according to regulations. PAGE 3 OF 5 BE 3098 PG 723 FEE~98032246 RESOLUTION NO. 98-196 Page 3 b. The property is designated as a part of the Outlying Community of Beaver Dam/Littlefield. The proposed action complies with the Mohave County General Plan, as designated therein, in that the proposal is consistent with the surrounding land uses. The proposal appears to be compatible with the Virgin River Communities Area Plan. c. The site appears to be adequate for the action intended, and WHEREAS, at the public hear/ng before the Mohave County Planning and Zoning Commission on May 13, 1998, the Commission reconm~ended APPROVAL of the Preliminary Subdivision Plan and Petition of Exception subject to the following conditions: 1. The approval of this subdivision is based on the understanding by the Planning Commission and the Board of Supervisors that: · All streets within the subdivision will be constructed in accordance with MAG Standard Specification Nos. 301, 310, 321, and 333 or better, for paving; · 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; · Water will be provided by an approved central water system. The water quantity a~nd quality must be approved by the Arizona Department of Water Resources; · Sewer service will be provided by an approved central sewer system. The sanitary facilities for the subdivision must be approved by the Arizona Department of Environmental Quality prior to Final Plat recordation. The approval to construct ~vater and/or sewer improvements and the approval of the construction of those improvements must be obtained from the Arizona Deparm~ent of Environmental Quality and submitted to Planning and Zoning. Approvals must also be obtained from the Mohave County Environmental Health Division; · Electricity will be provided by Dixie Escalante Rural Electric Association; · Telephone service will be provided by Rio Virgin Telephone; · Solid waste (garbage) disposal will be provided by Virgin Valley Disposal or other approved disposal service. The developer must submit a signed contract with a solid waste disposal firm prior to Final Plat recordation; · Fire protection will be provided by the Littlefield Fire Department; · Fire hydrants will be placed in the subdivision as prescribed by the fire department, but shall not be spaced further apart than is required by the Subdivision Regulations; · All utilities shall be provided to each lot in accordance with Arizona Corporation Commission Regulations; · All lots and road centerline monun~ents will be staked and monumented in accordance with Mohave County Standard Specification No. 102; · Road 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, to the satisfaction of the County Engineer. PAGE 4 {IF 5 8K ~098 PG 724 FEE~98032246 RESOLUTION NO. 98-196 Page 4 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. Prior to the recordation of the Final Plat of this subdivision the developer must submit to Planning and Zoning: A. Documentation demonstrating that the water z~nd sewer companies which are to serve this subdivision are systems approved by the Arizona Department of Environmental Quality and the Arizona Corporation Corrmfission. B. Documentation from the Arizona Department of Enviromnental Quality demonstrating that the central water and sewer systems established to serve this subdivision, and the two other existing and proposed contiguous subdivisions, are approved, operational, and of sufficient capacity to serve ail residential lots in this subdivision and the lots in existing subdivisions served by those systems, including specifically those in Beaver Dam Estates, Tract 3034-A. C. Documentation from the Arizona Department of Real Estate indicating that upon the recordation of the Final Plat of Tract 3510, and upon the submittal by the developer to the ADRE of the necessary application, a public report(s) will be approved by that agency for both Tract 3510 and for all of the residential lots within existing Beaver Dam Estates, Tract 3034-A (the platting of Tract 3510 is intended as a corrective measure to affect the reinstatement of approvals for the entire Beaver Dam Estates development, including both Tracts 3510 and 3034-A.) 3. The developer has proposed the formation of a property owners association for the subdivision. An association or other such entity must be established by the developer to provide permanent maintenance of the common parcels in the subdivision. In meeting this requirement, if an association has been established for an adjacent subdivision, that association may annex Beaver Dam Estates, Tract 3510, into its jurisdiction. 4. A one-foot wide vehicular non-access easement must be shown on the Final Plat for Tract 3510, along the western boundary of Lot 4, as Lot 4 abuts Highway 91. 5. The developer will make the same commitments for improvements in the report to the Department of Real Estate as required for approval of this tract by the Board of Supervisors. A final copy of the Department of Real Estate Report shall be submitted to Planning and Zoning for library purposes. 6. Any public easements or rights-of-way granted or dedicated by separate instrument in connection with Tract 3510 must be in a form acceptable to Mohave County, and must be recorded by the developer prior to the recordation of the Final Plat of the subdivision, with recorded copies of these documents submitted to Mohave County. Such separate grantings PAGE 5 OF ? '"- ""' ' .... PEE~98~32246 RESOLUTION NO. 98-196 Page 5 or dedications must be scheduled by the developer with the Public Works Department for acceptance by the Board of Supervisors, and upon acceptance and recordation, the dedication must be referenced to record on the Final Plat, prior to Final Plat recordation. 7. Minimum lot sizes will be established as per the recorded Final Plat for the subdivision. 8. Lots within the recorded Final Plat of this subdivision will not be further divided. 9. Drainage easements, channels, and devices acceptable to the County Engineer will be provided for ail on and off-site drainage related improvements. 10. The developer is responsible, prior to the recordation of the Final Plat of Tract 3510, for obtaining an approval of any required County franchise agreements for the placement of utility lines in public rights-of-way. 11. This conditional approval for the subdivision is based on the Preliminary Plan submitted for review on March 30, 1998. As provided for in the Mohave County Subdivision Regulations, this conditional approval will automatically expire two years after the approval by the Board of Supervisors of this Preliminary Plan. It is the responsibility of the developer to request an Extension of Time for this approval prior to the expiration of the two-year period. Failure of the developer to request necessary Extensions of Time for the approval of this Preliminary Plan, prior to the expiration of the approval, will result in the automatic term/nation of processing of the subdivision. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, May 16, 1998, and posted on May 15, 1998, 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, June 1, 1998, APPROVED this Preliminary Subdivision Plan and Petition of Exception as ~ the Mohave County Planning and Zoning Commission and outlined herein. MOH~ERVlSORS JamesSZab~hai~ j~