HomeMy WebLinkAbout99-173 OFFICIAL RECORDS OF MOHAVE COUN['f~ AJ'
JOAN MC CALL~ MOHAVE COUNTY RECORDE¢
05/12/1999 02:4~F' PAGE i OF 5
MOHAVE COUHTY BOARQ OF SUPERt'iSORS
RECORDING FEE 0.00
RESOLUTION NO. 99-173
A RESOLUTION SETTING FORTH A PRELIMINARY SUBDIVISION PLAN AND PETITION
OF EXCEPTION FOR LAST LAP SUBDIVISION, TRACT 3807, BEING A SUBDIVISION OF
PARCEL 31-B, AS SHOWN ON RECORD OF SURVEY, BOOK 15, PAGE 87, A PORTION OF
SECTION 31, TOWNSHIP 15 NORTH, RANGE 17 WEST, IN THE MOHAVE COUNTY
GENERAL AREA, MOHAVE COUNTY, ARIZONA.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on May 10,
1999, 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,
Randy Lyles of Temecula, California. The project engineer is Mohave Engineering Associates, Inc. of
Kingman, Arizona, and
WHEREAS, the property is located in a remote part of Mohave County, approximately 16 miles
northeast of Lake Havasu City, and 40 miles south of the City of Kingman. The property is accessed via
Interstate 40 at Yucca, then approximately 22 miles southeast along Alamo Road, then westerly along
various existing amd proposed rights-of-way (beginning with Creosote Drive), over 15 miles to the site, and
WHEREAS, the Preliminary Plan for Last Lap Subdivision, Tract 3807, depicts 160 acres
subdivided into 23 single-family residential lots, six parcels set aside for various purposes including
drainage and open space, and the placement of water system facilities. The main proposed feature of the
subdivision is an automobile test race track, the use of which is reserved for the owners of the lots in the
subdivision. The race track will not be open to the general public. There will be no public grandstands, no
concession stands or other counnercial enterprises. The developer proposes private roads for the subdivision,
requiring permanent maintenance by a property owners association, and
WHEREAS, lots in the subdivision all meet or exceed two acres in size, in conformance with the
zoning previously conditionally approved per BOS Resolution Nos. 97-401 and 97-402. This property was
conditionally rezoned before staff understood that the developer intended to subdivide the property.
Changes of use proposed by the developer during the processing of the subdivision plat have necessitated
the recent amendment (per BOS Resolution Nos. 99-127 and 99-128) to the referenced resolutions for this
property, replacing the original approval (test track, condominiums and a "shop complex" with commercial
uses open to the public) with approval for the private auto test track, and single-family residences with
enlarged individual garages. The developer proposes to record this subdivision in two phases, and
RESOLUTION NO. 99-173 Page 2
WHEREAS, services and improvements for Tract 3807 will be provided by the following:
electricity from Citizens Utilities Company; a central water system(s) will be established by the developer;
lots will be served by individual septic systems or alternate septic systems; solid waste (garbage) disposal
will be provided by an approved disposal service. The subdivision has no fire protection. The Arizona State
Fire Marshal's Office has indicated that despite proposed central water service to each lot, the remoteness
of the subdivision makes fire protection a near impossibility. The subdivision will accordingly not include
fire hydrants. The subdivision will not be served by standard telephone lines. The developer proposes the
use of cellular phones. All subdivision roads, the auto-test track, and one mile of the access road leading
to the site will be paved by the developer to Mohave County standards, and
WHEREAS, the developer appears to be in the process of obtaining a determination of water
adequacy from the Arizona Department of Water Resources. The developer has proposed to Mohave
County a central water system for the subdivision, but appears to have received a determination of water
inadequacy from the ADWR. According to the ADWR, the determination of water inadequacy that has been
issued to date resulted from the developer's application for a determination of water adequacy based on a
proposal for individual wells for each lot in the subdivision (a dry-lot subdivision arrangement) which is
contrary to the developer's proposal to Mohave County for a central water system, and
WHEREAS, Petitions of Exception from compliance with the Subdivision Regulations were
submitted for the following:
1. Front-lot public utility easements. The subdivision includes 8-foot PUEs located at the lot
fronts, instead of 16-foot rear yard PUEs. The request for front-lot utility easements is for
the entire subdivision. Article 6.9 of the Mohave County Subdivision Regulations requires
that easements at least 16 feet 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. Article 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. Single-tiered lots and double-fronted lots. This request is for those lots in the subdivision
which are either single-tiered or double-fronted. Article 6.6-1B of the Mohave County
Subdivision Regulations prohibits single-tiered lots and double-fronted lots.
4. Half-width road rights-of-way. This request is for those subdivision roads which are
proposed by the developer to be constructed to the paved Mohave County standards within
half-width roadway rights-of-way. Article 6.4-5 of the Mohave County Subdivision
Regulations requires full width rights-of-way, as defined elsewhere in those regulations, and
as defined by BOS Resolution No. 91-335.
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RESOLUTION NO. 99-173 Page 3
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
welfare or injurious to other adjacent properties, nor does the request nullify the intent of the Master
Plan of the county or other regulations. The Public Works Department has not recommended denial
of these items of exception.
WHEREAS, the Public Works Department recommends the use of Maricopa Association of
Governments (MAG) Standards for the completion of certain improvements of the subdivision. Those
standards have not been officially adopted by the Mohave County Board of Supervisors, 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 proposed action questionably complies with the Mohave County General Plan. The
property is located deep in the Rural Development Area; however, residential lot sizes in the
subdivision fall within Suburban Development Area density as defined by the General Plan.
An automobile test track would conflict with existing development in most urban and
suburban areas, and would likely generate much opposition if it were proposed in those more
developed areas, virtually mandating that this use be located in a remote, undeveloped
location.
c. The site appears to be adequate for the test track, and with the services outlined herein,
limited residential development may also be reasonably accommodated.
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on
April 14, 1999, the Commission recommended APPROVAL of the Preliminary Subdivision Plan and
Petitions 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 subdivision roads, including the roads along the perimeter of the subdivision and one
mile of the access road adjacent to the site, will be constructed in accordance with MAG
Standard Specification Nos. 301, 310, 321, and 330 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;
· The developer shall provide central water service to each lot in the subdivision;
· The developer shall, prior to the recordation of the first phase of this subdivision, obtain from
the Arizona Department of Water Resources a determination of water adequacy, affirming
an adequate water supply for the central water service for the subdivision;
462 F:EE~99028539
RESOLUTION NO. 99-173 Page 4
· 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 water
and/or sewer improvements and the approval of the construction of those improvements must
be obtained from the Arizona Department of Environmental Quality and submitted to
Planning and Zoning. Approvals must also be obtained from the Mohave County
Environmental Health Division;
® Electric service to each lot will be provided by Citizens Utilities Company;
· The developer must submit a signed contract with a solid waste disposal firm prior to Final
Plat recordation, providing garbage disposal for each lot in the subdivision;
· The subdivision will have no fire hydrants and no fire service. Structures in the subdivision
are not required by the Arizona State Fire Marshal's Office to be sprinklered;
· All utilities shall be provided to each lot in accordance with Arizona Corporation
Commission Regulations;
· All lots and road centerline monuments 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.
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. 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.
3. The developer will construct a barbed wire fence to Arizona Department of Transportation
(ADOT) standards along the rear of double-fronted lots in the subdivision, within 1-foot
wide vehicular non-access easements, to prevent double access. The barbed wire fence shall
also be constructed to satisfy the recommendation of the Bureau of Land Management, that
tortoise fencing be constructed by the developer to help keep desert tortoises out of the
subdivision. Gates shall be placed by the developer at all points of ingress and egress to the
subdivision, so that the perimeter of the entire project is enclosed, limiting public access into
the private roadway system.
4. Minimum lot sizes will be established as per the recorded Final Plats for the subdivision.
5. The developer shall establish, through the Arizona Corporation Commission, a property
owners association which will be deeded title to Parcels A through F, inclusive, and which
will provide permanent maintenance of common elements of the subdivision and the private
roadway system.
RESOLUTION NO. 99-173 Page 5
6. Lots within the recorded Final Plat ofth~s subdivision will not be further divided.
7. Drainage easements, channels, and devices acceptable to the County Engineer will be
provided for ail on and off-site drainage related improvements.
8. Prior to the consideration by the Board of Supervisors of the Final Plat for the first phase of
this subdivision, the developer shall submit to the Planning Director satisfactory evidence
of existing, pem~anent and uninterrupted legal access to the subdivision from Alamo Road,
with the right-of-way width being acceptable to the Mohave County Engineer. Proposed
roadway dedications which are shown exclusively on records of survey for neighboring
property are not, by themselves, acceptable right-of-way to provide legal access to the
subdivision. Dedications of those roadways shall be obtained by the developer, and those
dedications must be processed for acceptance by the Board of Supervisors on behaif of the
public prior to the recordation of the Final Plat for the first phase of the subdivision. The
natural gas pipeline easement access road that cuts through this vicinity is not a public
roadway and is accordingly not acceptable legai access to this subdivision.
9. Prior to the consideration by the Board of Supervisors of the Final Plat for the first phase of
this subdivision, the developer shall address, to the satisfaction of the Comity Engineer, ali
of the comments in the Public Works review letters dated December 21, 1998, and February
17, 1999.
10. The conditional approval for this subdivision is based on the Preliminary Plan submitted for
review on January 28, 1999. As provided for in the Mohave County Subdivision
Regulations, this conditional approval will automaticaily expire two years after the approval
by the Board of Supervisors of this Preliminary Plan. It is the responsibility of the developer
to request and obtain an Extension of Time for this approvai prior to the expiration of the
two-year period. Failure of the developer to request and obtain necessary Extensions of
Time for the approval of this Preliminary Plan, prior to the expiration of the approval, will
result in the automatic termination of processing of the subdivision.
WHEREAS, the notice of hearing was published in the Standard, a newspaper of generai circulation
in Kingman, Mohave County, Arizona, April 21, 1999, and posted on April 23, 1999, 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, May 10, 1999, APPROVED this Preliminary Subdivision Plan and Petition of Exception as
the Mohave County Planning and Zoning Commission and outlined herein.
MOH~ ~A~PERVISORS
James~ ~