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HomeMy WebLinkAboutORD625ORDINANCE NO.625 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 (Subdi- vision Regulations)of Volume I I (Land Development Code)of the Apache Junction City Code be amended to read 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 i s two and one-half (2 1/2)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 A.R.S. Section 9-462.01 through Section 9.463.04. ORDINANCE NO.625 PAGE ONE OF NINE SECTION 3.04 RELATIONSHIP TO OTHER DOCUMENTS Section 3.04.01 A land split map shall conform to all applicable policies of the Apache Junction,Arizona,General Plan. Section 3.04.02 A land split map shall conform to all applicable regulations of the Apache Junction,Arizona Zoning Ordinance. Section 3.04.03 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 i n this Ordinance shall apply to all divisions of land created for sale or lease within the corporate limits of Apache Junction, 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 i s subject to the requirements of this Ordinance until an approved land split map complying with the provisions of this Ordinance has been approved by the City. Section 3.05.03 The division of any property into two (2)or more parcels,i f a new street i s 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 i n a condominium, horizontal property regime,cooperative,community apartment,townhouse,or similar project,shall proceed through the subdivision process. ORDINANCE NO.625 PAGE TWO OF NINE Section 3.05.06 The creation of two (2)or three (3)units having the right of exclusive occupancy coupled with an undivided interest i n the land,such as i n a condominium,horizontal property regime,or similar project,shall proceed through the land split map process. Section 3.05.07 Boundary adjustments plats and deeds,where the land taken from one (1)parcel i s 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. Section 3.07.02 The purpose of the Land Split Map review i s to determine the appropriateness of the access and lot design with respect to the contours of the land,to deter- mine i f the setbacks of existing development are being rendered nonconforming with the creation of new lot lines,to determine i f a subdivision i s being created,and to determine whether or not the proposed land split conforms with City policies and ordinances. Section 3.07.03 Pre -Application Conference The pre -application conference stage of the land split review i s an investi- gatory period which precedes the preparation and the submittal of the application.The applicant should present his proposal to the Department of Planning,and the Department shall advise the applicant of specific public objectives,standards and regulations related to the property and the procedure for land split review. ORDINANCE NO.625 PAGE THREE OF NINE This stage of processing affords the Department of Planning the opportunity to give informal guidance at a time when potential conflicts can be most easily resolved,additional requirements or waiver of certain requirements may be discussed,and undue expense and delay are saved by the applicant. Section 3.07.04 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 $50.00 filing fee to offset the costs of investigating and processing the application. 3.Four (4)blueline or .blackline prints folded into a 9"x 12"size and two (2)mylars (which may be submitted later,but prior to final approval of the land split map.) 4.Proof of ownership (title report or vesting report)dated not more than 30 days prior to submittal of the application. 5.Proposed instruments of conveyance for each parcel containing complete and accurate legal descriptions. Section 3.07.05 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,or other monuments as approved by the City Engineer. 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. ORDINANCE NO.625 PAGE FOUR OF NINE 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. 13.Name of owner or trustee. 14.Engineer's or surveyor's certificate: This i s 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 15.Certificate of Approval: This i s to certify that this map complies with the requirements of the City of Apache Junction;and that this land split map i s hereby approved on this day of ,19 By: Planning Director 16.I f the map i s to be recorded,reserve space for the recorder's certificate i n the upper right hand corner of the map and obtain other requirements for recording from the Deparment of Planning. Section 3.07.06 The Planning Director may approve alternative wording i n the certificates. Section 3.07.07 Waiver of Certain Land Split Map Requirements At the discretion of the Planning Director,the requirements of Section 3.07.05 may be waived and the following "sketch map"requirements substituted for the requirements of Section 3.07.05. ORDINANCE NO.625 PAGE FIVE OF NINE "Sketch Map"Land Split Map Requirements Three (3)draft copies and three (3)final copies (which may be submitted later but prior to final approval)of the land split map shall be submitted on vellum,transparent reproducible film,blueline or black -line prints,or other suitable medium as approved by the Planning Director,at a scale large enough to show all details clearly (normally 1"=100'or larger)on a sheet 8 1/2"x 14"or 18"x 24".A line shall be drawn around the sheet leaving a margin of one-half inch (1/2"). 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,date of preparation,and preparer's name and address,and name of owner or trustee. 3.Legal description of the property. 4.Boundaries of the property showing distances (in feet and decimals thereof). 5.By note or a legend,identify any symbols used on the map. 6.Dimensions of all parcel lines with each parcel identified by letter and indicating the net area i n square feet of each parcel,and a legal description of all parcels. 7.Name,location,length and width of existing and proposed street dedications. 8.Location,length,and width of existing and proposed private access, utility,public service,and drainage easements. 9.The identification of adjacent subdivisions by record data and land split maps. 10.Delineation on the map of any areas identified on the flood insurance rate map as special flood areas. 11.The location of existing structures. 12.Certificate of approval: This i s to certify that this map complies with the requirements of the City of Apache Junction;that on behalf of the City of Apache Junction, Arizona,that this land split map i s hereby approved on this day of ,19 By: Planning Director ORDINANCE NO.625 PAGE SIX OF NINE Section 3.07.08 Any waiver of the requirements of Section 3.07.05 shall not be granted or may be revoked by the Planning Director i f any of the following conditions exist: inability to accurately determine property boundaries in the field;lot sizes of less than 20,000 square feet and/or lot sizes not substantially exceeding the minimum requirements for the zoning district i n which the property i s located;property sharing a common boundary with a recorded subdivision or recorded land split map;existing,permanent structures;odd -shaped parcels; ambiguous legal descriptions;or any other condition which would render a determination on the proper division of the property difficult i n the absence of a survey map. Section 3.07.09 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 i s determined to be incomplete. Section 3.07.10 Upon determining that an application i s 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 3.07.11 The Planning Director shall render a decision on the proposed land split. Section 3.07.12 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 3.07.13 An appeal of the Director's decision must be filed with the City Clerk's Office within thirty (30)days of the date of decision.The City Council shall consider the appeal no earlier than fourteen (14)days nor later than forty- five (45)days from the date of the filing of the appeal. Section 3.07.14 The Planning Director and the City Council,i n 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. ORDINANCE NO.625 PAGE SEVEN OF NINE 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 topography. 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 lot/street design that a subdivision i s not being created. 8.That the signatures on the land split map have been affixed with India ink and other requirements for recordations are complied with (if the map i s to be recorded). 9.Other pertinent criteria. Section 3.07.15 One (1)approved land split map each shall be distributed to:the Planning Director,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 i n 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 the court of competent jurisdiction,such decision shall not affect the validity of the remaining portion thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 17TH DAY OF MAY ,19 AR . ORDINANCE NO. PAGE EIGHT OF NINE SIGNED AND ATTESTED TO THIS 24TH DAY OF ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: City Attorney ORDINANCE NO.625 PAGE NINE OF NINE MAY ,19 88 man S.Hill Mayor by Kenneth Bluntschly,Vice Mayor