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Home My WebLink About97-246 ~~ ~ . . MlCROALMED YTiJM.'XED 9737195 BK 2929 PG 517 OFFICIAL RECORDS OF MoHAVE COUNTY, JOAN MC CALL, MoHAVE COUNTY RECORDE' 07/14/97 03:46P PAGE 1 OF 4 MoHAVE COUNTY BoARo OF SUPERVISORS RECORDING FEE 0.00 RESOLUTION NO. 97-246 A RESOLUTION SETTING FORTH AN AMENDMENT TO BOS RESOLUTION NO. 91-199, WHICH CONDITIONALLY APPROVED THE PRELIMINARY SUBDIVISION PLAN FOR CHAPARRAL MESA II, TRACT 3042, BEING A SUBDIVISION OF A PORTION OF THE NEYa OF SECTION 28, AND PORTIONS OF SECTIONS 21, 22, AND 27, TOWNSHIP 22 NORTH, RANGE 16 WEST, IN THE KINGMAN AREA, MOHA VE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on July 7, 1997, a public hearing was conducted to determine whether approval should be granted for an amendment to BOS Resolution No. 91-199, as requested by an owner/developer, William 1. Nugent of Kingman, Arizona, far the above-described Preliminary Subdivision Plan. The engineer of recard is Mohave Engineering Associates, Inc., of Kingman, Arizona, and WHEREAS, the subdivision is located approximately one and one-half mile north of the City of Kingman. The property is accessed via State Route 66, then northwesterly along and north of Thompson A venue, and WHEREAS, the Preliminary Plan depicts 120 acres subdivided into 583 single-family residential lots and one commercial lot. The residential minimum lot size is 6,000 square feet. The commercial lot contains approximately 19,000 square feet, and WHEREAS, one condition of approval for the Preliminary Plan of this subdivision was that the developer obtain full right-of-way for Thompson Avenue as it leads from State Highway 66 to the subdivision site. The "full right-of-way" width was not clearly defined in this resolution, but a width of 80 feet has since been agreed upon by the reviewing County agencies and the applicant. The applicant had not been able, until shortly prior to the Planning and Zoning Commission meeting on June 11, 1997, to obtain all of this right-of-way and had requested that the condition be deleted from the stipulations for the approval of this project. This right-of-way now appears to be in the process of being accepted by the Board of Supervisors on behalf of the public, nullifying the applicant's request, and WHEREAS, additionally, narrative in BOS Resolution No. 91-199 stated in the approval of the Petition of Exception included with the Preliminary Plan that Tommie Drive was to have a right-of-way width of70 feet. This figure was likely based on the mistaken assumption that Tommie Drive aligned with the mid-section line for Section 28 and was, therefore, a collector,type road by definition, requiring the 70- foot width. Tommie Drive is proposed by the developers of this project to have a right,of-way width of60 feet, meeting the standard width for local roadways. The required width of 44 feet of paved roadway surface far Tommie Drive has not been requested for amendment and is to remain, and RESOLUTION NO. 97-246 Page 2 . . PAGE 2 OF 4 BK 2929 PG 018 FEE~9737190 WHEREAS, further, BOS Resolution No. 91-199 erroneously referenced the "southeast corner" of Section 28 when describing the location of the required additional right-of-way along Thompson Avenue. The resolution intended the southeast corner of Chaparral Mesa II, Tract 3042, (rather than the southeast corner of Section 28) as the point of beginning for the required additional right-of-way along Thompson Avenue, and WHEREAS, the Mohave County Public Works Department objected to the developer's request, based on the following: "Chaparral Mesa II, Tract 3042, is a planned 120-acre subdivision proposing 583 lots at full build-out (1991). The development is located on the North Side of Thompson Avenue, one- half mile West of Highway 66. The project is planned to be constructed in phases. Chaparral Mesa II, Tract 3042-A, consists of approximately 20 lots and was recorded on 6- 18-92. Tract 3042-B is in process for final review and consists of a little more than 12 acres which will be developed into 44 lots. The developer's Department of Real Estate Report for Tract 3042-B listed the best route to the subdivision as 'N.E. on RTE 66, head West on Thompson Ave.' "Resolution No. 91-199 approved the preliminary plan for Chaparral Mesa II, Tract 3042, conditional upon, 'The full right-of-way for Thompson Road be dedicated from the Southeast corner of Section 28 to Highway 66 as full development of this project would generate an approximate 5830 new trips per day to area road netwark'. An additional condition of Resolution 91-199 states, 'State Highway Department approval required for access and ingress/egress'. "There is evidence in the file that the developer has attempted to obtain the additional right- of-way far Thompson A venue; however, to date it is our understanding that the developer has not been successful. Now, the developer is claiming that the original Preliminary Plan approval condition of obtaining the additional right-of,way for Thompson Avenue is a taking. There is also evidence in the file that ADOT is requesting improvements to Thompson Avenue and Highway 66. To our knowledge, this issue between ADOT and the developer has not been resolved. "Thompson Avenue acts as a collector-classified roadway. It is our opinion that due to the development within this and surrounding areas, it is important to obtain this additional full width right-of-way for Thompson Avenue. In addition, the main access to this development is from Highway 66 on Thompson Avenue. The developer should be required to provide as his primary access to the subdivision an access road in accordance with our subdivision regulations which complies with Minimum County Right-of-way Standards for that type of roadway. RESOLUTION NO. 97-246 Page 3 . . PAGE 3 OF 4 BK 2929 PG 519 FEE~9737195 "Therefore, this department recommends that the developer of Chaparral Mesa II, Tract 3042, be required to comply with the condition of Resolution 91-199 for acquiring additional right-of-way for Thompson Avenue from that portion from the East Ya (the east quarter corner of Section 28) Southeast to a point +/- 250' West of State Route 66. (A distance of +/- 1419 feet with 42-foot width.)", and WHEREAS, the following are Findings of Fact for the above captioned item: a. All notices have been advertised and posted according to regulations. b. The Arizona Department of Transportation commented during their review of the Preliminary Plan for this subdivision that this subdivision could be expected to generate more than 5,000 trips per day, many of which would likely be funneled down Thompson Avenue to and from State Highway 66. Staff recommended that such an anticipated traffic count warranted the requirement for the additional right-of-way for Thompson Avenue. The Planning and Zoning Commission and the Board of Supervisors approved the condition now being targeted for deletion. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on June 11, 1997, the Commission recommended APPROVAL of the amendment to BOS Resolution No. 91- 199 subject to the following conditions: 1. The requirement that the developer obtain and dedicate the full right,of,way width along Thompson Avenue from the subdivision to State Highway 66 remain in effect. 2. Condition number 2 ofBOS Resolution No. 91-199 be amended to read "The full right-of- way width of 80 feet be dedicated for Thompson Avenue from the subdivision site to State Highway 66 prior to the recordation of the second phase of Tract 3042." 3. Provisions for Tommie Drive to have a right-of,way width of70 feet are amended to require a right-of-way width of 60 feet. 4. All other provisions and conditions ofBOS Resolution No. 91-199 shall remain in effect. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, June 21, 1997, and posted on June 20, 1997, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. . . PAGE 4 OF 4 BK 2929 PG 520 FEE~9737195 RESOLUTION NO. 97-246 Page 4 NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors at their regular meeting on Monday, July 7,1997, APPROVED this Extension of Time as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHA VE COUNTY BOARD OF SUPERVISORS a~~~dL~ Carol S. Anderson, Chairman