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HomeMy WebLinkAboutORD900ORDINANCE NO.900 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION.ARIZONA.SUBDIVISION REGULATIONS,BY TRANSFERRING DECISION -MAKING AUTHORITY ON PRELIMINARY PLATS FROM THE SUBDIVISION COMMITTEE TO THE CITY COUNCIL WITH A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION,REQUIRING TITLE REPORTS AT THE FINAL PLAT STAGE RATHER THAN AT THE PRELIMINARY PLAT STAGE,AND MAKING PRE -APPLICATION CONFERENCES OPTIONAL; 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 Portions of Chapter 2 (Apache Junction.Arizona.Subdivision Regulations)of Volume I I (Land Development Code)of the City Code of Apache Junction.Arizona are hereby amended to read as follows: Section 2.01 OUTLINE OF PLATTING PROCEDURES The preparation,submission,review and official action concerning all subdivision plats proposed within the City of Apache Junction shall proceed through the following progressive stages: Stage I Stage I I Preliminary Plat Final Plat Section 2.02 PRE -APPLICATION CONFERENCE 1.Purposes The pre -application conference stage of subdivision planning comprises an investigatory period which precedes actual preparation of preliminary plans by the subdivider.During this optional or voluntary stage,the subdivider makes known his intentions to the city staff and is advised of public objectives, platting procedures and requirements as they may relate to the subject tract. During this stage,it may be determined that a change in zoning would be required for the subject tract or a part thereof and,in such case,the subdivider should consider m u tating the necessary rezoning application. During this stage,i t may be determined that abandonment would be required of existing public rights -of -way or easements and,in such case,the subdivider shall initiate the necessary abandonment application. ORDINANCE NO.900 PAGE ONE OF EIGHT This stage of processing also affords the city staff the opportunity to give informal guidance at a time when potential points of conflict may be resolved, subsequent relations improved,official action simplified,and undue expense and delay are saved by the subdivider.However,since the information given at a pre- application conference is limited,any determinations made will be very tentative and still subject to the formal process. 2.Information Desired In carrying out the purposes of the pre -application stage,the subdivider and the city staff may meet informally to discuss the proposal.The subdivider should provide five copies of the conceptual subdivision showing the project location, proposed street and lot layout,and existing drainage courses.The staff will discuss the proposal with the subdivider and provide him with a copy of the subdivision regulations so that he may be informed of the city's procedures, design and improvement standards,and general plat requirements.In addition, information by the staff may include,but not be limited to,rezoning requirements,flood -plain requirements,anticipation of any adverse impacts on public facilities,and a determination of the need for a development master plan. Section 2.03 DEVELOPMENT MASTER PLAN A development master plan (DMP)may be required to be prepared as a condition precedent to submitting a preliminary plat. The decision by the Planning Division Manager to require a DMP may be appealed to the City Council. The Planning Division Manager may consider the following in establishing the need for the preparation of a DMP: a.Criteria: 1)Whether the tract is a part of a larger land area which may or may not be under the subdivider's control and sufficiently large to comprise an entire neighborhood. 2)Whether the tract is a part of a larger land area characterized by unusual topography,land use,ownership,circulation,or other conditions. b.Preparation The DMP shall be prepared to no smaller scale than one inch equals one hundred feet (1"=100')unless otherwise approved by the Planning Division Manager,and shall include: 1)General street pattern with particular attention to collector and arterial streets and future ciruclation throughout the neighborhood. 2)General location and size of school sites,parks,or other public areas. ORDINANCE NO.900 PAGE TWO OF EIGHT 3)Location of shopping centers, multiple -family residential areas and other proposed land uses. 4)Proposed methods for sewage disposal,water supply,and storm drainage. 5)List of data to include gross and net acreages by land use,proposed density,and general plan information. c.Approval Upon acceptance of the DMP by the Planning Division Manager,i t shall be scheduled for Planning and Zoning Commission and City Council consideration.The approval of the DMP should be followed by the preparation of preliminary plat(s). If development is to be in phases,the DMP shall be submitted as supporting data for each phase.Minor revisions of an approved DMP require the approval of the Planning Division Manager;major amendments require the approval of the City Council. Section 2.04 PRELIMINARY PLAT 4.Preliminary Plat Submission Procedures a.Filing and Meeting Dates A complete application for preliminary plat approval with a reproducible copy and 35 copies of the preliminary plat and other required documents shall be filed with the Planning Division.The Planning Division Manager shall notify the applicant of meeting dates of the Planning and Zoning Commission and the City Council to consider the application. 5.Preliminary Plat Review c.The reviewing offices are requested to transmit their recommendations to the planning division so that they may be considered by the Planning and Zoning Commission and the City Council. 6.Preliminary Plat Approval The Planning and Zoning Commission shall offer its recommendation to the City Council on a preliminary plat after considering the recommendations of city staff.The City Council may,by resolution,approve,conditionally approve,or deny a preliminary plat. ORDINANCE NO.900 PAGE THREE OF EIGHT 7.Significance of Preliminary Plat Approval b.Approval is valid for a period of twelve months from date of Council's action within which period the subdivider must file a complete final plat application.A time extension for an additional twelve months may be granted by the City Council if there had been no change in the City's policies or regulations which would affect the subdivision. Section 2.05 FINAL PLAT 3.Final Plat Submittal Requirements: Prior to the expiration of the approved preliminary plat,the subdivider shall file a complete final plat application with the Planning Division consisting of the following: a)Three (3)final plat mylars,one of which shall be of archival quality conforming to the requirements of the Recorder's Office. b)Thirty (30)prints thereof. c)Title report issued not more than thirty (30)days prior to the date of submittal by a state -registered title company. d)Recordation fee as established by the County Recorder. e)Three (3)copies each of the street improvement plans, drainage improvement plans,drainage report,utility plans to include but not be limited to easements,line locations and equipment for sewers,electricity,gas,telephone, streetlights,cable television,and water. f)The following notations shall be placed on all final plats unless otherwise approved by the City Engineer: "All utilities shall be placed underground." "Construction within easements shall be limited to underground utilities and wood,wire,or removable section -type fencing." The subdivider shall make application to create a streetlight improvement district or alternative acceptable to the City prior to the approval of the final plat. h)One (1)original and three (3)copies of the project engineer's cost estimate of public improvements.They shall be accompanied by the Improvements Security Agreements and be approved by the City Engineer. g) ORDINANCE NO.900 PAGE FOUR OF EIGHT i)Payment of final plat filing fees as set forth in Section 6.03 of this ordinance. 4.Final Plat Review: c)In the event that the department finds that the final plat does not substantially conform to the preliminary plat as approved by the City Council,the subdivider shall submit a new preliminary plat application. Section 2.07 FINAL INSPECTION AND ACCEPTANCE OF IMPROVEMENTS Subdivider shall construct or agree to construct the public improvements as shown on the final public improvement plans as approved by the City Engineer.The City Engineer and the Public Works Director are authorized to accept the public improvements,after having them inspected,for the City provided that the subdivider submits: 1.Final public improvement plans drawn in india ink on mylar showing all public improvements,including utilities,constructed within the public rights -of -way or public easements.Final plans shall show the approved design conditions and reflect any field changes approved by the City Engineer,and the subdivider's engineer shall certify that the final plans represent as nearly as possible the actual field conditions as constructed. 2.Affidavit regarding settlement of claims: the subdivider shall certify that all bills for labor and materials incorporated in the work have been paid and agrees to indemnify and save harmless the city against any and all liens,claims of liens,suits,actions,damages,charges,and expenses whatsoever which the city may suffer arising out of the failure of the subdivider to pay for all labor performed and materials furnished in the construction of the required improvements. 3.Guarantee:the subdivider and contractor shall guarantee all work against defective workmanship and materials for a period of one (1)year from the date of its final acceptance by the City Engineer and the Public Works Director. Section 4.02 IN GENERAL 2.Land which is subject to periodic flooding or land which the City Engineer determines cannot be properly drained shall not be subdivided,except that the City Council may approve subdivision of such land upon receipt of evidence from the county health department and/or City Engineer that the construction of specific improvements can be expected to render the land suitable for subdividing;thereafter,construction upon such land shall be prohibited until the specified improvements have been planned,designed, and construction guaranteed to the satisfaction of the City Engineer. ORDINANCE NO.900 PAGE FIVE OF EIGHT Section 4.03 STREET LOCATION AND ARRANGEMENT 4.Certain proposed streets,as designated by the Planning Division Manager and the City Engineer,shall be extended or stubbed to the tract boundary to provide future connection with adjoining unplatted lands.Easements and improvements for temporary cul-de-sacs shall be provided. 7.Where a subdivision abuts or contains the right-of-way of a railroad,a limited access highway,or an irrigation canal,or abuts a commercial or industrial land use,the Planning Division Manager and the City Engineer may require location of a street approximately parallel to and on each side of such right-of-way at a distance suitable for appropriate use of the intervening land.Such distance shall be determined with due regard for approach grades,drainage,bridges,or future grade separation. Section 4.08 STREET NAMES The subdivider shall indicate proposed street names subject to approval by the City Council at the preliminary plat stage.Street naming shall be in compliance with the manual "Procedures for Street Naming and Address Assignment,City of Apache Junction,Arizona,"following the Council adoption of same. SECTION 6.05 PREREQUISITES FOR ISSUANCE OF BUILDING PERMITS The Building Official shall not issue any building permits for development on any part of a subdivision until final plat approval is granted;except that model units are excepted upon the approval of the Planning Division Manager. SECTION 6.06 MODIFICATION AND EXCEPTIONS 2.In the case of a small subdivision of five (5)acres or less and where conditions are well defined,the City Council may exempt the subdivider from complying with some or all of the requirements pertaining to the preparation of the preliminary plat. Section 6.12 VIOLATIONS AND PENALTIES 1.Penalties for any violation of the Apache Junction Subdivision Regulations are provided for pursuant to Article 1-8 (PENALTY)of Volume 1 of the Apache Junction City Code. 2.The approval of a preliminary plat may be revoked by a majority vote of the City Council upon finding that one or more of the plat stipulations or provisions of the Subdivision Regulations have been violated.The Council may reinstate approval of the preliminary plat when i t is satisfied that the provisions of these regulations or stipulations are being complied with.I f approval of the preliminary plat is permanently revoked,a request to resume the subdivision shall be treated as a new application. ORDINANCE NO.900 PAGE SIX OF EIGHT SECTION I I REPEAL OF SPECIFIC SECTIONS The following portions of Chapter 2 of Volume I I of the City Code are hereby repealed: Section 2.02 (2)(a)(1)through (5); Section 2.02 (2)(b)(1)through (7); Section 2.04 (6)(a)through (e); Section 2.04 (8)(g)and (h); Section 2.05 (3)(j)through (n); Section 2.05 (6)(d)(8); Section 6.01 (2); Section 6.02;and Section 6.15 SECTION III 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 IV PROVIDING FOR SEVERABILITY If 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 portion thereof. ORDINANCE NO.900 PAGE SEVEN OF EIGHT PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 5TH DAY OF JULY ,1994. SIGNED AND ATTESTED TO THIS 6TH DAY OF ATTEST: a zLe-LeZ,7 -KATHLEEN CONNELLY City Clerk APPROYEDAS TO FORM: .,./1 •/ /• / GLENN City Attorney ORDINANCE NO.900 PAGE EIGHT OF EIGHT JEAN /PER Mayor/ JULY ,1994.