Extracted text (via pymupdf)
39527 characters
EXHIBIT B
PLATTING PROCEDURES AND REQUIREMENTS
§ 155.030 PRE-APPLICATION; CONTACT; SKETCH INITIAL PLAT.
(A) Prior to the submission of a preliminary plat as required by this chapter, the
subdivider shall contact the Planning DEVELOPMENT SERVICES Director and any
other administrative personnel or private agencies to determine:
(1) Procedures and requirements for filing the sketch INITIAL plat, and
preliminary, and final plats.
(2) Availability of public water and sewer or requirements when public systems
are not readily available.
(3) Zoning requirements on the property.
(4) Requirements of the duly adopted General Plan for major and minor streets,
land use, drainage, schools, parks, and other public open space.
(5) The location and extent of any floodplains.
(B) As a part of this contact PROCEDURE, the subdivider may discuss with the
Planning DEVELOPMENT SERVICES Director his or her tentative proposals for the
development of the property.
(C) The subdivider shall submit, and the Planning DEVELOPMENT SERVICES
Director shall review and comment on, a sketch initial plat prior to the preparation of a
preliminary plat. THE Planning DEVELOPMENT SERVICES Director, shall make the
review and make its comments known to the subdivider within five days from the date of
the review. REVIEW AND PROVIDE COMMENTS AT A SCHEDULED PRE-
APPLICATION MEETING. The sketch initial plat shall contain or show two-foot
contours and shall address the requirements of division (A)(1) to (5) above.
(D) The purpose of this pre-application procedure is to determine any problems with
the proposed development before expenses are incurred in the preparation of a
preliminary plat. No official action is required other than to offer appropriate comments
on the proposal and indicating suitability for proceeding through the platting process.
(Prior Code, § 15-3-1) (Ord. O88-06-007, passed 10-13-1988)
§ 155.031 PRELIMINARY PLAT; REQUIREMENTS AND REVIEW.
(A) Submittal requirements. Copies of the preliminary plat, the number to be
determined by the Planning Director SENIOR PLANNER, shall be submitted, with a
reproducible copy, to the Planning DEVELOPMENT SERVICES Director. The
preliminary plat shall consist of a drawing or drawings and supporting material and
information AS prescribed by these regulations.
(1) Preliminary plat. The preliminary plat drawing shall be prepared at a scale of
one inch equals 100 feet or larger for subdivisions where the majority of the lots are less
than five acres in size. The scale may be reduced to one inch equals 200 feet for
subdivisions in which the minimum lot size is five acres or more. The face of the
drawing shall contain the following information:
(a) The name of the subdivision. The name shall not duplicate or too closely
resemble the name of any subdivision previously filed in the city.
(b) Date of preparation, scale, and north arrow. The top of each sheet shall
represent north wherever possible.
(c) A vicinity map drawn at a scale of one inch equals 1,000 feet or one inch
equals 2,000 feet, showing the location of the proposed subdivision in the city and its
relationship to surrounding development.
(d) The names, addresses, and phone numbers of the developer or subdivider,
and the individual or firm responsible for the preparation of the preliminary plat.
(e) A legal description of the subdivision boundary.
(f) The boundary lines of the subdivision in a heavy, solid line and referenced to
section or quarter section lines.
(g) A description of all monuments, both found and set, which mark the boundary
of the subdivision, and a description of all control monuments used in the survey.
(h) Existing contours at a maximum interval of one foot unless waived by the
Planning DEVELOPMENT SERVICES Director.
(i) General location and extent of any significant natural features such as
streams, or drainage ways.
(j) Floodplains as delineated on maps available form the Maricopa County Flood
Control District Office.
(k) Location, dimensions, and names of existing roads, streets, alleys, railroad
rights-of-way and structures withing 200 feet immediately adjacent to the property
showing how they relate to the proposed subdivision layout.
(l) Location, size, and grades of existing sanitary and storm sewers and location
and size of water mains, gas lines, pipelines, or other underground utilities or
installations within the proposed subdivision and within 200 feet immediately adjacent
thereto.
(m) Location and dimensions of all easements of record.
(n) Existing zoning and land use of the proposed subdivision and immediately
adjacent areas.
(o) Location and width of proposed streets, alleys, pedestrian ways and
easements, with proposed names for streets.
(p) Layout, numbers, and approximate dimensions of proposed lots and blocks.
(q) Location of proposed fire hydrants, light standards, stop signs, traffic signals,
and gang mailboxes CLUSTER BOX UNIT.
(r) Location, dimension and size in acres of all sites proposed to be used for
commercial, industrial, multi-family residential, public or quasi-public use, with the use
noted.
(s) A summary of the total number of acres, number of lots, acreage of
commercial or industrial areas, acreage of open space, amount of land in rights-of-way
and other descriptive material useful in reviewing the proposed subdivision.
(2) Supporting material. The following information and material shall be a part of
any preliminary plat submittal and shall accompany the preliminary plat drawing:
(a) Payment of the total amount of the preliminary plat fee.
(b) A statement explaining the proposed design and function of the water,
sewage, paving, sidewalk, stormwater collection and retention systems, including
preliminary drainage calculations and storm drainage systems, their compatibility with
existing systems and the timing and/or phasing of installation. Approximate size and
location of the above may be required on the plat, as determined by the City Engineer.
(c) A statement describing the development and maintenance responsibility for
any private streets, ways, or open spaces.
(d) The recommendations of a qualified professional engineer regarding soil
suitability, erosion control, sedimentation and flooding problems.
(e) A description of the phasing and scheduling of phase for the development, if
the final plat is to be submitted in separate phases.
(f) A petition for annexation to the city and if the land to be subdivided is
contiguous to, and outside, either by itself or AS a part of a larger tract, the boundaries
of the city.
(g) An application for appropriate zoning for the subdivided area if the area is to
be annexed or if the existing zoning district does not allow the type of use proposed.
(h) The names and addresses of all owner of subdivided lots and unplatted land
contiguous to or within 200 feet of the boundary of the proposed subdivision.
(i) Letters of certification and/or signed copies of the proposed preliminary plat
from appropriate agencies and utility companies approving the proposed preliminary
plat and confirming availability of services.
(j) CERTIFICATE OF APPROVAL OF THE DEVELOPMENT SERVICES
DIRECTOR AS FOLLOWS:
DATA ON THIS PLAT REVIEWED AND APPROVED THIS ___________ DAY OF
__________, 20__, BY THE DEVELOPMENT SERVICES DIRECTOR OF EL
MIRAGE, ARIZONA.
(B) Review process.
(1) After receipt of the preliminary plat and all required supporting material, the
Planning Director shall schedule the plat for consideration at the next regular meeting of
the Planning and Zoning Commission which occurs after 21 days from the date on
which the plat was submitted.
(2) (1) The Planning Director SENIOR PLANNER will review the preliminary plat,
summarize the agency comments, add his or her written comments and
recommendations and present the material and recommendations to the Planning and
Zoning Commission DEVELOPMENT SERVICES DIRECTOR for its consideration.
(3) At least seven days prior to the date of the Planning and Zoning Commission
meeting at which the plat is to be considered, the Planning Director shall, from
information provided by the subdivider as a part of his or her preliminary plat submittal,
notify the owners of subdivided lots and owners of unplatted land within 200 feet of the
boundaries of the proposed subdivision of the time and date of the meeting.
(4) The subdivider, or duly authorized representative, shall attend the Commission
meeting at which his or her proposal is scheduled for consideration.
(5) At the Commission meeting the subdivider and all other interested or affected
parties shall be allowed to offer comments. Upon the Commission’s approval or
disapproval of the preliminary plat, it shall notify the subdivider and City Council of its
decision. If conditions are attached to its approval, the subdivider and City Council shall
be informed of the conditions. No preliminary plat may be continued (tabled) for more
than two consecutive meetings.
(6) (2) Approval of the preliminary plat by the Planning and Zoning Commission,
DEVELOPMENT SERVICES DIRECTOR shall be effective for one year from the date
of approval. The subdivider may apply in writing for, and the Planning and Zoning
Commission DEVELOPMENT SERVICES DIRECTOR may, for cause shown, grant up
to a six-month extension. If a final plat has not been submitted within this specified
period on all or a portion of the land area included in the preliminary plat, a preliminary
plat must again be submitted for approval. In a phased development, any land area for
which a preliminary plat has been approved and for which a final plat has not been
submitted within 24 months from the date of the approval of the preliminary plat shall
not be allowed to proceed with final platting until a new preliminary plat is submitted and
approved.
(Prior Code, § 15-3-2) (Ord. O88-06-007, passed 10-13-1988)
§ 155.032 FINAL PLAT; REQUIREMENTS AND REVIEW.
(A) Submittal requirements.
(1) Certification of accuracy. After approval of the preliminary plat, a final plat and
required supporting material (see division (B) below) may be prepared and submitted to
the Planning Director SENIOR PLANNER. The final plat shall be prepared and certified
as to its accuracy by a land surveyor registered to do the work in the State of Arizona.
The final plat and required supporting material shall conform to the design and
engineering standards set forth in these regulations and to any conditions of approval
specified by the Planning and Zoning Commission and/or City Council (see division (F)
below) DEVELOPMENT SERVICES DIRECTOR during approval of the preliminary plat.
(2) Staged approval. Final platting may be accomplished in stages covering
reasonable portions of the area of an approved preliminary plat. When this is done,
each sheet of the final plat shall contain a vicinity map showing the location of the
portion being submitted in relationship to the area for which the preliminary plat was
submitted. All final plats so submitted shall be of the same scale, shall have identical
titles, legends and other information, and shall have match lines so that mosaics of the
entire subdivision can be developed. Each stage of the subdivision shall be as nearly
self-sustaining and complete as possible and shall by itself, or in conjunction with the
previous stages, meet the deign standards set forth in these regulations so that if
development of the entire subdivision is interrupted or discontinued after one or more
stages is completed, a viable development will result.
(3) Final plat format. The final plat shall be clearly and legibly drawn in black,
waterproof India ink upon mylar of .003 inch in thickness (minimum). Required
affidavits, certificates and acknowledgments shall be legibly printed on the plat in
opaque ink. The sheet size of all final plats shall be 24 inches high by 36 inches wide.
Information on the plat should be so positioned that a one and one-half-inch margin is
on the left hand side and a one-half-inch margin is shown on the remaining sides. The
final plat shall be prepared at a scale of one inch equals 100 feet or larger, or at a scale
of one inch equals 200 feet for subdivisions in which the minimum lot size is five acres
or more. Each sheet of the final plat shall be numbered and the total number of sheets
comprising the plat shall be stated on each sheet (for example: Sheet 2 of 4). The
relationship of one sheet to the other shall be shown by key maps and by match lines.
(4) Final plat materials. The original mylar, two reproducible copies (sepia not
acceptable), and prints of the final plat and copies of all required supporting material
shall be submitted to the Planning Director SENIOR PLANNER.
(5) Required signatures. The submitted final plat shall contain the notarized
signatures of the owner or owners of any and all equitable or legal interest in the land of
whatever nature and the signature of the registered land surveyor.
(6) Final plat information. All final plats shall include the following information on
the face of the plat:
(a) The name of the subdivision, centered at the top of each sheet.
(b) General location of the subdivision by section, township, range, county, and
state, entered under the name of the subdivision on each sheet.
(c) North arrow, date, and scale on each sheet.
(d) Boundary lines of the subdivision in a heavy solid line on each sheet.
(e) Legal description of the subdivision boundary based on an accurate traverse,
giving bearing and linear dimensions that result in a maximum allowable error of closure
of one part in 10,000.
(f) The location and description of the point of beginning and its proper reference
to the monumented boundary survey.
(g) Location and description of all monuments, found or set.
(h) Bearings, distances, and curve data of all perimeter boundary lines indicated
outside of the boundary lines.
(i) Adjoining parcel subdivision names, parcel number and recording information,
or if not subdivided and/or not recorded, so marked.
(j) On curved boundaries and on all curves within the plat, sufficient data to allow
the reestablishment of the curves on the ground.
(k) The location and layout of lots, blocks, tracts, streets, alleys, easements, and
other public grounds within and immediately adjoining the plat, with accurate
dimensions in feet and one-hundredths of feet, bearings, curve data, length of radii,
and/or arcs of all curves.
(l) All drainage ways shall be shown on the plat. Dedication of drainage way
rights-of-way or easements may be required when it is deemed by the city to be in the
best interest of the city.
(m) All 65, 70, 75, 80, and 85 ldn noise level contours generated by activities
from Luke Air Force Base.
(n) The names of all streets.
(o) All lots logically and consecutively numbered in the center of the lot with the
appropriate address for each lot or parcel of ground.
(p) All dimensions shown on irregularly shaped lots, with lot area calculations.
(q) Parcels completely or partially surrounded by the area being subdivided shall
be clearly marked “Excepted,” and the common boundary with the subdivision shown in
a heavy solid line with bearings and distances.
(r) A notation of the total acreage of the subdivision and the total number of lots.
(s) A notarized certificate by all parties having any titled interest in or lien upon
the land, consenting to the recording of the plat and dedicating public ways, grounds,
and easements. Dedication shall include a written description by section, township, and
range of the tract. If the plat contains private streets, public utilities shall be reserved the
right to install and maintain utilities in the street right-of-way.
(t) In cases involving vacation of public or private streets or public ways,
easements or grounds, a notarized certificate of all parties having any titled interest in,
or lien upon, the land or other pertinent interest, consenting to the vacation shall be
provided.
(u) A notarized certificate of a registered land surveyor, registered under the laws
of Arizona, stating that the plat is true, accurate, and complete and that the described
monuments have been found or set as described.
(v) Certificate of approval of the City Engineer as follows:
Data on this plat reviewed and approved this day of , 20 , by the
City Engineer of El Mirage, Arizona.
City Engineer
(w) Certificate of compliance with the preliminary plat as approved by the City
Planning and Zoning Commission, DEVELOPMENT SERVICES DIRECTOR as follows:
This plat is in full compliance with the original preliminary plat approved by the City of El
Mirage Planning and Zoning Commission DEVELOPMENT SERVICES DIRECTOR on
the day of , 20 . The final plat reviewed and approved
this day of , 20.
Planning and Zoning Commission Chairperson
Planning DEVELOPMENT SERVICES Director
(x) Certificate of acceptance and approval by the City Council as follows:
Approved by the City Council of the City of El Mirage, Arizona, this day
of , 20 .
Mayor
Attest:
City Clerk
(y) Certificate for recording by the County Recorder as follows:
This plat was filed for record in the Office of the County Recorder
at o’clock .m., , 20 , and is duly recorded in
Book , Page No.
County Recorder
(7) Final plat fee. The final plat shall be accompanied by the total amount of the
final plat fee.
(B) Required final plat supporting material. The required final plat supporting material
submittal shall consist of the final plat and all information as follows:
(1) Drainage collection and retention plan and report.
(a) A drainage plan and report for the site in question and all pertinent off-site
areas shall be prepared by a registered engineer. The report shall examine 100-year
storm flows (Q 100's), the 100-year high-water mark of any river, creek, arroyo, gully,
diversion ditch, spillway, reservoir, etc., that may in any way affect the project area,
along with the depth of flow for 100-year runoff. The watershed in all off-site areas shall
be considered fully developed. Intensities shall be for this area’s one-hour, 100-year
storm based upon two and one-half inches per hour. A certificate shall be provided,
signed, and sealed by a registered professional engineer that all drainage facilities,
utilizing gutters and streets, are designed and sized to handle 100% of the Q 100 run-
off.
(b) Every effort shall be made to utilize the natural slope of the land for the storm
water collection system. Subsurface drainage systems shall be discouraged, but where
necessary shall be a minimum of 18 inches in diameter. Wherever possible, run-off shall
be collected in depressed open areas throughout the proposed land development
project. The plan shall include but not be limited to the following:
1. Method of collection (surface and/or subsurface.)
2. Depth, side slopes, and area of retention.
3. Calculations of volume held and required.
4. High water elevation.
5. Method of disposal of water within 36 hours.
6. Any other data to form a complete plan.
(c) The point or points in which natural drainage flows from a property prior to
development shall remain the same after the property has been altered for the
development.
(2) Soils report. A soils report for the site in question and pertinent off-site areas
shall be prepared by a registered engineer. The report shall indicate the type and
location of soils, using the unified soil classification system, shall contain drill logs and
swell consolidation curves, and shall contain a discussion of any present or potential
hazards, associated with soils on the site along with measures which could be taken to
mitigate the hazards. In addition the soils report shall contain recommendations on
subsurface area drains and peripheral drains, foundation design, erosion control
measures and surface drainage.
(3) Grading, drainage, and development plan.
(a) A grading, drainage, and development shall be prepared by a registered
engineer at a scale of one inch equals 100 feet or larger, showing proposed rights-of-
way, easements, walkways, parks, common areas, roadways, waterlines and
reservoirs, sewer lines, manholes and treatment facilities, curbs and gutters, culverts,
drains, storm water detention and retention basins, swales, ditches and other drainage
devices, spot top of curb elevations, high and low street points, drainage arrows, street
plans, all drainage areas and acreages, all 100-year storm flow (Q 100's) adjacent to
and/or flowing onto the development and on-site at each surface flow junction, storm
water pick-up and take-off points designed to handle 100-year flow on the surface,
cross sections and high water elevations for all 100-year flows. Spot elevations shall be
given for all inverts, low points and flowing entry and exit points.
(b) All minimum building setbacks shall be shown. No 100-year flow line shall
encroach upon any minimum setback line and all lowest habitable floor elevations shall
be, at a minimum, one foot above the 100-year flood elevation.
(4) Construction plans and details. Construction plans and details must be
prepared by a registered professional engineer in the State of Arizona and shall provide
for all improvements indicated on the grading, drainage, and development plan,
including right-of-way and easement cross-sections showing construction and
placement of streets, walks, curbs, gutters, medians, lighting standards, swales,
ditches, utilities, planting strips and property lines; details of hydrants, valves, manholes,
pipe junctions, pumps, thrust-blocking, catch basins, etc.; street profiles showing natural
and finish grades, center line and both curbs, with a minimum vertical scale of one inch
equals two feet and a horizontal scale of one inch equals 20 feet; sanitary sewer line
and manhole profiles with natural and finish grades, showing area underdrains, if
applicable, and the location of gravity outfall lines; storm drainage system profiles
showing natural and finish grade; erosion control and revegetation details and other
details as necessary to adequately convey the design intent. Quantity take-offs shall
also be provided.
(5) Deeds. When required by the city, a warranty deed or other acceptable
instrument conveying to the city or other appropriate or other appropriate agency any
public lands other than streets, alleys, or easements shown on the final plat and title
insurance, if required by the city on the subject parcel, shall be presented to the city
upon approval of the final plat. The method of assurance will be approved by the City
Attorney.
(6) Title opinion. Evidence satisfactory to the city must be submitted showing all
taxes and assessments due on the property to be subdivided to be paid in full, showing
title or control of the property to be subdivided, and showing the property to be
subdivided as fee and clear of any liens. An attorney’s title opinion or ownership and
encumbrance report from a land title company shall be considered satisfactory
evidence.
(7) Floodplain. If a subdivision lies within a 100-year floodplain, the following
statement shall appear on the face of the final plat and all contracts and agreements
relating to the subdivision: “THIS SUBDIVISION IS (OR THE FOLLOWING LOTS ARE)
LOCATED IN THE ONE HUNDRED-YEAR FLOODPLAIN AS DEFINED BY THE
UNITED STATES FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA).”
(8) Financial guarantee. A contractor’s performance bond or other financial
guarantee acceptable to the city to guarantee the complete and timely development of
any facilities or improvements which are the subdivider’s responsibility shall be
submitted as described in § 155.080 below.
(9) Letters of utility approval. Letters of certification and/or signed copies of the
proposed final plat from appropriate agencies and utility companies approving the final
plat.
(10) Covenants, conditions, and restrictions. Any covenants, conditions,
restrictions (CCRs) for the subdivision shall be submitted for review to assure that the
CCRs do not conflict with any city regulations.
(C) Review process.
(1) Planning DEVELOPMENT SERVICES Director review. After receipt of the final
plat, the DEVELOPMENT SERVICES Director shall review the submittal with the
Chairperson of the Planning and Zoning Commission for the completeness and for
compliance with the approved preliminary plat. The DEVELOPMENT SERVICES
Director may SHALL refer copies of the final plat to an seek comment from other
officials and agencies.
(2) Staff review of supporting information. Upon submittal of all required supporting
materials, the Planning DEVELOPMENT SERVICES Director shall review them for
completeness to determine whether a complete final plat submittal has been made and
shall refer the material to appropriate agencies for review and comment. Upon being
notified of the comments and any necessary approvals of reviewing agencies, the
Planning DEVELOPMENT SERVICES Director shall forward the final plat, comments
and approvals of reviewing agencies and pertinent supporting materials to the Council
APPROVE THE FINAL PLAT. Incomplete final plats, or final plats for which necessary
approvals have not been secured, shall not be forwarded to Council for action.
(3) City Council action. Following receipt of the final plat, the recommendation from
the Planning Director and Chairperson of the Planning and Zoning Commission that the
final plat complies with the preliminary plat, and required supporting materials, the City
Council shall either approve the final plat or disapprove the final plat and notify the
subdivider of the conditions to be met to gain approval. If disapproved final plat is
modified and resubmitted to the City Council at a later date for their consideration, the
Council may require the concurrent submittal of an updated ownership and
encumbrance report or title opinion.
(4) (3) Filing with County Recorder. Upon approval by the City Council
DEVELOPMENT SERVICES DIRECTOR of the final plat, the subdivider shall be
notified to be submit payment for the recording fee to the Planning Director
DEVELOPMENT SERVICES DEPARTMENT who shall transmit the subdivider’s
recording fee and the duly approved and executed final plat to the County Recorder for
the filing of the final plat among the official records of the county.
(5) (4) Alternate approval procedure. As an alternate procedure and at the request
of the subdivider, the City Council may approval a final plat and instruct the Planning
DEVELOPMENT SERVICES Director to MAY withhold the approved final plat from
recording for a period of time to allow the subdivider to install all of the required public
improvements according to the plans and specifications approved by the City Engineer.
This procedure, when approved by the DEVELOPMENT SERVICES DIRECTOR
Council, shall be in lieu of the guarantees for installation of improvements as set forth in
division (B)(8) above. An executed standard contract as approved by the City Attorney
regarding installation of improvements shall be submitted with the final plat. The
contract shall require that all improvements be completed no later than 12 months from
the date of the final plat was approved by the City Council DEVELOPMENT SERVICES
DIRECTOR and that no lot may be sold. When the completed improvements are
inspected and approved by the City Engineer, the plat shall be recorded by the Planning
DEVELOPMENT SERVICES Director, and the sale of lots may then proceed according
to the approved and recorded plat, provided that a one-year warranty shall be submitted
covering the completed improvements.
(D) Simultaneous submittal of preliminary and final plats. For certain subdivisions,
the subdivider may, after discussion with the Planning DEVELOPMENT SERVICES
Director, simultaneously submit both the preliminary plat and the final plat. Depending
on the size and complexity of the subdivision and the amount of street dedication, any
or all of the information required in the preliminary and final plat processes may be
submitted. The DEVELOPMENT SERVICES Director shall determine which information
must be submitted for adequate review of the subdivision. The preliminary and final
plats may then be processed concurrently. It is possible for the preliminary and final
plats to be one and the same instrument.
(E) Corrected plats and subdivisions.
(1) If, after the approval and recording of a final plat, errors are found in the
language or numbers on the recorded plat, the subdivider shall file a properly signed,
corrected, or revised original mylar with the Planning DEVELOPMENT SERVICES
Director. The plat shall be noted “Corrected Plat” under the name of the subdivision.
Notations shall be made on the face of the plat listing all corrections made and the book
and page numbers where the original plat was recorded. The director shall review the
plat for corrections, secure the signatures of the proper public officials on the corrected
plat and present the plat to the City Council APPROVE for the reaffirmation of their
approval and the County Clerk for recording. The recoding of the corrected plat shall
void the incorrect original plat, and the County Clerk shall note “Void” across the face of
the incorrect plat.
(2) If, after the approval and recording of the final plat, a subdivider wishes to
modify the location of lot lines on part or all of the recorded plat, and if there is no
change in the location or size of dedicated streets or other dedicated public land, the
subdivider shall submit a new final plat drawing with the lotting arrangement revised.
The Planning DEVELOPMENT SERVICES Director shall determine which of the
required supporting materials shall be resubmitted with the revised final plat. The plat
shall be marked the “Resubdivision of ” under the name of the
subdivision and shall be processed as a final plat.
(3) If, after the approval and recording of a final plat, a subdivider wishes to change
the street or public land location, size, or arrangement of a part or all of the platted area,
the resulting subdivision shall be treated as a new submittal with both a preliminary plat
and a final plat required. Based on the currency of the information submitted with the
original plat and the magnitude of the change(s), the procedure described in division (D)
may be applied. the subdivision shall be identified as the “Resubdivision
of ”. Any action of the City Council DEVELOPMENT SERVICES
DIRECTOR approving the resubdivision shall contain clear reference to the vacation of
public lands as appropriate.
(F) Variances from these regulations.
(1) When it can be shown that in the case of a particular subdivision, strict
compliance with the provisions of these regulations would cause undue hardship, the
City Council may authorize a variance to these regulations provided that the general
intent of these regulations are preserved, that public interest is protected, and that the
variances do not have the effect of nullifying the intent and purpose of the General Plan
or the zoning ordinance (Chapter 154 of this code). The granting of a variance shall be
based upon findings by the Council that:
(a) The subdivider is proceeding in good faith.
(b) There are unusual topographical or other special circumstances associated
with the property which are not the result of any action of the subdivider and which
prohibit the use of the property in a manner similar to the use of adjacent or nearby
properties.
(c) The variance is necessary for reasonable development of the property in
question and will alleviate a clearly demonstrable hardship.
(d) The variance will not nullify the intent or purpose of these regulations.
(e) Granting the variance will not be detrimental to the general public health,
safety, and welfare.
(2) An variance granted shall constitute the minimum adjustment necessary to
alleviate the hardship.
(3) A request for variance may be submitted only after the Planning and Zoning
Commission DEVELOPMENT SERVICES DIRECTOR has formally reviewed the
preliminary plat and has either:
(a) Recommended disapproval because the plat does not conform to these
regulations; or
(b) Conditionally approved the plat specifying those amendments which must
appear on the final plat in order for it to be approved. The subdivider may then seek
relief from the specific provisions of these regulations with which he or she cannot
comply.
(4) All requests for variances shall be submitted in writing to the DEVELOPMENT
SERVICES DEPARTMENT Planning Director and the Planning and Zoning
Commission for their comments and recommendations. The Planning and Zoning
Commission DEVELOPMENT SERVICES DIRECTOR shall make a recommendation,
which shall be submitted to the City Council for their approval, denial, or modification. In
granting a variance, compliance with the intent of the objectives and standards of these
regulations shall be maintained. The findings and action on each variance and any
conditions imposed shall be recorded in the minutes of the Council and a copy thereof
provided to the Planning DEVELOPMENT SERVICES Director.
(5) If the subdivision variance is granted by the City Council, the subdivider may
incorporate the provisions of the variance into the final plat to be submitted to the
Planning and Zoning Commission and to the Council DEVELOPMENT SERVICES
DIRECTOR for approval. In its review of the final plat, the Planning and Zoning
Commission DEVELOPMENT SERVICES DIRECTOR shall be bound by the decision
of the Council regarding the variance and shall review and approve the final plat with
the variance if the plat in all other respects conforms to the preliminary plat and any
other conditions imposed by the Planning and Zoning Commission COUNCIL.
(G) Vacating public lands OF AN APPROVED PLAT.
(1) Any plat may be vacated by the owners or proprietors thereof at any time
before sale of any lots, or before any substantial improvements have been made in the
subdivision, by submitting a copy of the plat to the City Council along with a written
request for a vacation. In cases where lots have been sold, the written request shall be
by all of the owners of lots within the plat. The Planning and Zoning Commission
DEVELOPMENT SERVICES DIRECTOR shall make a recommendation on the
vacation to the City Council, and the Council shall approve or disapprove the vacation.
The recording of an instrument vacating the plat shall operate to destroy the force and
effect of the recording of the original plat and to divest all public rights in the streets,
alleys, common and public grounds laid out or described in the plat.
(2) Streets and alleys platted and laid out under the provisions of these regulations
or laid out under any prior law of the State of Arizona may be altered or vacated in the
manner provided by law for the alteration or discontinuance of streets and highways.
(3) Any part of a plat may be vacated under the provision and subject to the
conditions of division (A)(6) above and this division (G), provided the vacating does not
abridge or destroy any of the rights and privileges of other proprietors in the plat and
provided further that nothing contained in this section shall authorize the closing or
obstruction of any public highways laid out according to law. The request for vacation
shall be made by all of the owner of lots within that portion of the overall plat sought to
be vacated.
(4) When any part of a plat shall be vacated as aforesaid, streets, alleys, and other
public grounds shall be assigned to all lots or parcels adjacent to the public area being
vacated in equal proportions.
(5) The County Clerk shall write in plain, legible letters across that part of the plat
so vacated, the word “vacated” and also make a reference on it to the volume and page
in which the instrument of vacation is recorded.
(6) Land covered by a vacated plat may be replatted as described by these
regulations. Any replatting of an area already platted and not vacated shall be construed
to be a request for the vacation of the original plat or portion thereof. Any such plat,
once approved and recorded, shall act to vacate the original plat which it replaces.
(H) DEDICATION OF STREETS, ALLEYWAYS, EASEMENTS, AND OTHER LAND
(1) A FINAL PLAT THAT PURPORTS TO DEDICATE STREETS,
ALLEYWAYS, EASEMENTS, OR OTHER LAND TO THE CITY OR PUBLIC SHALL
BE SUBMITTED TO THE CITY COUNCIL FOR ACCEPTANCE OF ANY SUCH
DEDICATION.
(Prior Code, § 15-3-3) (Ord. O88-06-007, passed 10-13-1988)
APPENDIX A: SUBDIVISION PROCESSES, PRELIMINARY PLAT PROCESSES; FINAL PLAT
PROCESS
Subdivision Processes
Before any property is divided into four or more parcels, whether for THE sale of
property or to build on the property, a subdivision plat must be approved by the City
Council DEVELOPMENT SERVICES DIRECTOR and recorded in the County Recorder’s
office. The owner of the property to be subdivided must give his or her consent in writing
before the City Council DEVELOPMENT SERVICES DIRECTOR can approve the final plat.
Preliminary Plat Process
Final Plat Process
*Final plat supporting information consists of THE final plat and THE required final plat
material as per § 155.032(B)
APPENDIX B: ZONING FEES
The zoning fees are adopted by reference.