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Home My WebLink AboutOrdinance 2006.09 Amending title 06.02 of the land development code relating to the subdivision process SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 ORDIN 12788 3742 3 20060770830 04/21/2006 16:02 I F. ANN RODRIGUEZ, RECORDER RECORDED BY: M_S DEPUTY RECORDER 1966 PE3 DOCKET: PAGE: NO. OF PAGES: SEQUENCE: MAIL AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2006.09 RELATING TO LAND DEVELOPMENT; AMENDING THE LAND DEVELOPMENT CODE TITLE 06.02; SIMPLIFYING THE SUBDIVISION PROCESS FOR SUBDIVISIONS OF TEN LOTS OR FEWER WHEREAS, the Marana Land Development Code (the "LDC") was adopted by the Mayor and council ofthe Town of Marana on May 14, 1984 by Ordinance No. 84.04; and WHEREAS, the Mayor and Council have amended the LDC from time to time; and WHEREAS, the LDC contains Title 6 Subdivisions, which provide for the orderly growth and harmonious development ofthe Town of Marana; and WHEREAS, LDC Title 6 consists of subdivision processing requirements adopted under the authority of A.R.S. S 9-463.01; and WHEREAS, the Mayor and Council desire to avoid the proliferation of minor land divisions to the maximum extent feasible where zoning conditions prevent lot splitting without permission of the Town of Marana; and WHEREAS, A.R.S. S 9-463.0l(M). allows the legislative body of a municipality to waive the requirements for a preliminary plat, allowing an applicant to proceed directly to final plat and to waive or reduce infrastructure standards or requirements for any subdivision often or fewer lots, tracts or parcels, provided that requirements for dust-controlled access and minimum drainage improvements are not waived; and WHEREAS, LDC Section 06.07.04 pertaining to minor land divisions authorizes the Town Engineer and Planning Director to waive or modify certain improvements; and :l! :~j:, :1::3; :1:'::; WHEREAS, the Mayor and Council find that approval of these amendments is in the best interest ofthe residents and businesses of the Town of Marana; ~;J :::~ i"'illj ~I ,;~n ",~ ,Ill" NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona as follows: SECTION 1. Title 6 ofthe Town of Marana Land Development Code is hereby amended as follows (additions shown with double underlinin2: and deletions shown with strikeouts): {00001982.DOC /} - 1 - ~ 06.02 GENERAL APPLICABILITY Any owner ofland within the Town of Marana who divides or proposes to divide a parcel of land into four or more lots, tracts or parcels, for purposes of financing, sale or lease, whether immediate or in the future or, if a new street is involved, any such property which is divided into two or more lots, tracts or parcels of land, or any such property where the boundaries have been fixed by a recorded plat, which is divided into more than two parts or a subdivision also includes any condominium, cooperative, community apartment, townhouse or similar project containing four or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit hereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided (~ARS 9 163.02), shall be considered a subdivider and shall be subject to the provisions ofthis Title as well as to other provisions of this Development Code Ordinance as they may be appropriate. A. The preparation, submittal, review and approval of all subdivisions located within the Town limits proceed through the following progressive steps, except when otherwise provided by approval ofthe Town: 1. Pre-application conference with the Town. 2. Preliminary plat submittal, review, and approval. 3. The submittal and approval of engineering plans for the required subdivision improvements nrior to final nlat anDfoval. 4. Final plat submittal, review, and approval only after the Preliminary Plat is approved by the Town Council. 5. Recordation of approved final plat with the Pima County Recorder. B. The following subdivision acts shall not be deemed a subdivision within the context of this subsection and 06.02 through 06.03, inclusive, and shall, therefore, be processed in accordance with 06.07 and are exempt from the provisions ofthe aforementioned Titles: 1. Land Splits. ~r Ii ;I~~ ,l... "''V I' I:'::' ~r"..1 ,-., i~;,:h 2. Minor Land Divisions. 1. Pre-annlication conference with the Town. ~:;l ":r, '!.r,l ;"?; l~ ::s C. Subdivisions of 10 or fewer lots shall nroceed throul!h the followinl! stens: {OOOOI 982.DOC I} - 2 - 2. The submittal and aonroval of enl!ineerinl! olans for imnrovements as deemed necessarY bv the Town Enl!ineer and Planninl! Director orior to final olat aooroval. 3. Final olat submittal and review. and aonroval bv the Town Council. 4. Recordation of aooroved final olat with the Pima County Recorder. SECTION 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance. SECTION 3. If any section, subsection, sentence, clause, phrase or portion ofthis ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 4. This ordinance shall become effective on the 19th day of May, 2006. PASSED AND ADOPTED by the Town Council, Town of Marana, Arizona this 18th day of April, 2006. (.0 ~v--- Ed Honea, M~ ATTEST ~",'n""I~ ~ OF~ ~ ~ ~~"\\"m'",,,~ -. ~ ~ ~--...~ ~;1-t- ~ :: OSCQ~I'ORAT?~~.,?~ =~~ 000 i = - :: SE" !.." ~::: - ~ t., J....... ~ ;: ~~~ ~s ~ "'1 ~/"im\\\\((\ -# ~~..,''9/Z. '\(?J....~ .-"'IUll\\- {00001982.00C /} - 3 - Ji Ii') ,I~.. "..,':\ ,~~. I~'fj; :1:::\: ij:il :] ;''''111 ~, /1i ;~i