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HomeMy WebLinkAboutORD457ORDINANCE NO. 457 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING ARTICLE III OF THE APACHE JUNCTION SUBDIVISION REGULATIONS BY SETTING FORTH STANDARDS,PROCEDURES,AND REQUIREMENTS FOR LAND SPLITS; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT: SECTION I IN GENERAL Article III (Administrative Subdivisions -Land Splits)of Chapter 2 (Subdivi- sion Regulations)of Volume I I (Land Development Code)of the Apache Junction City Code be amended as follows: SECTION 3.00 ARTICLE III ADMINISTRATIVE SUBDIVISIONS -LAND SPLITS SECTION 3.01 SECTION 3.02 SECTION 3.03 SECTION 3.04 SECTION 3.05 SECTION 3.06 SECTION 3.07 SHORT TITLE DEFINITIONS AUTHORITY FOR LOCAL REGULATION RELATIONSHIP TO OTHER DOCUMENTS APPLICABILITY ENFORCEMENT LAND SPLIT APPLICATION AND APPROVAL PROCEDURES SECTION 3.01 SHORT TITLE This Ordinance may be referred to and cited as the "Apache Junction,Arizona, Land Split Ordinance." SECTION 3.02 DEFINITIONS Section 3.02.01 LAND SPLIT:the division of improved or unimproved land whose area is two and one-half (2fl acres or less into two (2)or three (3)tracts or parcels of land for the purpose of sale or lease. Section 3.02.02 SUBDIVISION:see Section 7.03.19 SECTION 3.03 AUTHORITY FOR LOCAL REGULATIONS The regulations contained in this Ordinance are authorized pursuant to Section 9-462.01 through Section 9.463.04. SECTION 3.04 RELATIONSHIP TO OTHER DOCUMENTS Section 3.04.01 A land split map shall conform to all applicable policies of tion,Arizona,General Plan. Section 3.04.02 A land split map shall conform to all applicable regulations Junction,Arizona Zoning Ordinance. Section 3.04.03 A.R.S. the Apache Junc- of the Apache A land split map shall conform to the Street Classification Plan as adopted by Ordinance No.38 and any amendments thereto. SECTION 3.05 APPLICABILITY Section 3.05.01 The regulations contained in this Ordinance shall apply to all divisions of land created for sale or lease within the corporate limits of Apache Junc- tion,Arizona,defined by this Ordinance to be a land split. Section 3.05.02 I t shall be unlawful for any person,partnership,or other legal entity to create for sale or lease any parcel that is subject to the requirements of this Ordinance until an approved land split map complying with the provisions of this Ordinance has been recorded with the recorder's office of the county wherein the platted area lies. Section 3.05.03 The division of any property into two (2)or more parcels,i f a new street is involved,shall proceed through the subdivision process. Section 3.05.04 The division of any property,the boundaries of which have been fixed by a recorded subdivision plat,into more than two (2)parcels shall proceed through the subdivision process. Section 3.05.05 The creation of four (4)or more units having the right of exclusive occupancy coupled with an undivided interest in the land,such as in a condominium, horizontal property regime,cooperative,community apartment,townhouse, or similar project,shall proceed through the subdivision process. Section 3.05.06 The creation of two (2)or three (3)units having the right of exclusive occupancy coupled with an undivided interest in the land,such as in a condo- minium,horizontal property regime,or similar project,shall proceed through the land split map process. Section 3.05.07 Boundary adjustment plats and deeds,where the land taken from one (1)parcel is added to an adjacent parcel,need not be filed with the City of Apache Junction,provided that the proposed adjustment does not: 1.Create any new lots. 2.Render any existing lots substandard in size or shape. 3.Render substandard the setbacks of existing development. 4.Impair any existing access,easements,or public improvements. SECTION 3.06 ENFORCEMENT Sections 6.12,6.13,and 6.14 shall apply. SECTION 3.07 LAND SPLIT APPLICATION AND APPROVAL PROCEDURES Section 3.07.01 The division of land defined by this Ordinance to be a land split requires the approval of a land split map by the Planning Director or the City Council. ORDINANCE NO.457 PAGE 2 OF 6 Section 3.07.02 The purpose of the Land Split Map review is to determine the appropriateness of the •access and lot design with respect to the contours of the land,to determine i f the setbacks of existing development are being rendered noncon- forming with the creation of new lot lines,to determine i f a subdivision is being created,and to determine whether or not the proposed land split conforms with City policies and ordinances. Section 3.07.03 Application Requirements Applicants requesting land split map approval shall submit the following to the Department of Planning: 1.A completed application form. 2.A nonrefundable $75.00 filing fee to offset the costs of investi- gating and processing the application. 3.Three (3)blueline or blackline prints folded into a 9"x 12"size and three (3)mylars (which may be submitted later,but prior to final approval of the land split map.) 4.A title report dated not less than 30 days prior to submittal of the application. Section 3.07.04 Land Split Map Requirements The land split map shall be submitted on a transparent reproducible polyester film drawn with India Ink at a scale large enough to show all details clearly (normally 1"=100'or larger)on a sheet 18"X 24".A line shall be drawn around the sheet leaving a margin of one inch (1"), and left margin of two inches (2"). The land split map shall show or contain the following information: 1.A title to read:"Apache Junction Land Split Map (case number)." 2.Graphic and written scale,north indicator,and date of preparation. 3.Legal description of the property. 4.Location and description of existing and proposed monuments to which all bearings,dimensions,angles,and similar data shall be referenced.Such data shall be tied to the City datum system. 5.Boundaries of the property fully balanced and closed showing all bearings and distances (in feet and decimals thereof)determined by an accurate survey in the field. 6.By note or a legend,identify any symbols used on the map. 7.Bearings and dimensions of all parcel lines with each parcel identified by letter and indicating the net area in square feet of each parcel. 8.Name,course,length and width of existing and proposed street dedications. 9.Course,length,and width of existing and proposed private access, utility,public service,and drainage easements. 10.The identification of adjacent subdivisions and land split maps by record data. 11.Delineation on the map of any areas identified on the flood insurance rate map as special flood areas. 12.The location of existing structures. ORDINANCE NO.457 PAGE 3 OF 6 13.Owner's certificate: State of Arizona )S.S. County of Know all men by these presents that as owner(s)and as Trustee have divided (under the name of )a portion of the A of Section ,Township ,Range Gila and Salt River Base and Meridian,Apache Junction, County,Arizona,as shown mapped hereon and hereby publish this land split map and hereby declare that this map sets forth the location and gives the dimensions of the parcels or units and streets and easements constituting same and that each parcel and street shall be known by the letter and name given to each respectively on this map and that a subdivision as defined by state law and local laws is not being created.Easements are hereby dedicated for the purposes shown hereon. In witness whereof: as owners,have caused its name to be signed on this map,this day of ,19 By: In witness whereof: as Trustee,has hereunto caused its corporate name to be signed by the undersigned officer thereunto duly authorized this day of ,19 By: Its: ,as Trustee 14.Acknowledgment: State of Arizona )S.S. County of On this the day of me the undersigned officer appeaFiE who acknowledged themselves to be as owners,— ,19 ,before and also appeared before me who acknowledged himself to be a Trust Officer of ,as Trustee, and that they,being duly authorized to do so,executed the foregoing instrument for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. Notary Public My Commission Expires: 15.Engineer's or surveyor's certificate: This is to certify that the survey and the map of the division of land described herein was accurately done under my direction and that all lots are staked or will be staked and all monuments are set or will be set within one (1)year after recordation. Signature Date Registration No.Seal ORDINANCE NO.457 PAGE 4 OF 6 16.Certificate of Approval: This is to certify that this map complies with the requirements of the City of Apache Junction;and that this land split map is hereby approved on this day of ,19 By: Planning Director 17.Reserve space for the recorder's certificate in the upper right hand corner of the map. Section 3.07.05 The Planning Director may approve alternative wording in the certificates. Section 3.07.06 The Planning Department shall review the application and make a determination as to its completeness.The Planning Department shall advise the applicant of deficiencies i f the application is determined to be incomplete. Section 3.07.07 Upon determining that an application is complete,the Planning Department may distribute materials to the following agencies for their recommendations: 1.Other City Departments 2.Fire Chief 3.Any other relevant agency Section 3.07.08 The Planning Director shall render a decision on the proposed land split. Section 3.07.09 Notices of the decision shall be sent to the applicant advising him that he may appeal the decision of the Director to the City Council. Section 3.07.10 An appeal of the Director Office within thirty (30) shall consider the appeal forty-five (45)days from Section 3.07.11 s decision must be filed with the City Clerk's days of the date of decision.The City Council no earlier than fourteen (14)days nor later than the date of the filing of the appeal. The Planning Director and the City Council,in evaluating and making decisions on land split proposals,shall consider the following criteria: 1.The land split proposal's consistency with the City's General Plan. 2.The proposal's conformity to the City's Zoning Ordinance. 3.The proposal's conformity to Article III and IV (Subdivision Design Principles and Standards)and other applicable sections of the City's Subdivision Regulations. 4.The proposal's conformity with the City's Street Classification Plan. 5.The proposal's lot size and design with respect to the site's topo- graphy. ORDINANCE NO.457 PAGE 5 OF 6 6.The identification of any setback problems with respect to any existing development on the property and the new parcel boundaries to be created. 7.A determination from the title information and that a subdivision is not being created. 8.That the signatures on the land split map have India ink for recordation. 9.Other pertinent criteria. Section 3.07.12 lot/street design been affixed with One (1)approved mylar each shall be distributed to:the County Recorder, the Director of Planning,and the applicant;and one print each to the Building Official/Zoning Administrator,and to the City Engineer. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance,or any part of the code adopted herein by reference,are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,sub -section,sentence,phrase,clause or portion of this Ordinance,or any part of the code adopted herein by reference is,for any reason,held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 1ST DAY OF JULY ,19 86 . Norman S.Hill Mayor ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: City Attorney SIGNED AND ATTESTED TO THIS ORDINANCE NO.457 PAGE 6 OF 6 15TH DAY OF JULY ,1986.