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HomeMy WebLinkAbout03/28/2006 Blue Sheet Land Development Code Title 6 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA March 28, 2006 AGENDA ITEM: D.2 TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin, AICP, Planning Director AGENDA TITLE: Presentation: Draft modifications to Title 6 of the Land Development Code relating to regulations for subdivisions of ten lots or fewer DISCUSSION The Town of Marana has received numerous requests from property owners for minor land divisions, particularly in the vicinity of El Camino de Manana. Under Arizona Revised Statutes, a minor land division consists of the division of a parcel ofland at least 2.5 acres in size into no more than three parcels for the purpose of sale or lease; four parcels or more triggers the subdivision process. It is often the case that the new parcels are larger than required by zoning, so the property owner sells the three new parcels to new owners, and those owners later request lot splits into buildable lots. We know this process as "serial splitting", which leads to an uncoordinated development pattern or "wildcat" subdivisions. In most ifnot all of the rezonings over the past several years, there is a condition that prohibits the creation of any new lots without written permission ofthe Town of Marana. I believe that condition allows us to require a subdivision as a means by which to prevent wildcat subdivisions. One of the reasons property owners want to avoid the subdivisions process, however, is the time and costs associated with preparing a preliminary plat. ARS 9-463.01 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. The legislative body may not, however, waive requirements for dust-controlled access and minimum drainage improvements. The town engineer and planning director could determine the necessary improvements on a case-by-case basis, depending on the location of the proposed small subdivision, the quality and extent of improvements in place or planned, and the extent of disturbance to natural vegetation and habitat, among other criteria. The Town's minor land division process already allows the town engineer and planning director some latitude to waive or modify infrastructure requirements. Improvements are not required until issuance of a building permit. However, the typical minor land division leads to further land splits, where improvements would be made lot by lot. I believe it would be in the Town's best interest to have a provision in the land development code for small subdivisions often or fewer lots, wherein a preliminary plat is not required. This would allow smaller land holders to realize Small Subdivision Process 3/20/06 BeB a profit without selling to the major builders, yet would lead to a more orderly pattern of development than does the typical wildcat subdivision. ATTACHMENTS Draft modifications to Title 6 of the Land Development Code. RECOMMENDA TION Presentation only. SUGGESTED MOTION Presentation only. -2- DRAFT MODIFICATIONS TO TITLE 6 OF THE LAND DEVELOPMENT CODE R.ELA TING TO R.EGULA TIONS FOR. SUBDIVISIONS OF TEN LOTS OR. FEWER. 06.01 PURPOSE AND INTENT The purpose of this Title is to provide for the orderly growth and harmonious development of the Town of Marana in accordance with the General Plan and other adopted plans and ordinances; to create high quality neighborhoods and ensure adequate traffic circulation through coordinated street systems, transit, bicycle and pedestrian systems with relation to major thoroughfares, adjoining subdivisions, and public facilities; to achieve individual property lots of reasonable utility and livability; to secure adequate provisions for water supply, drainage, sanitary sewerage, and other health requirements; to insure consideration for adequate sites for schools, recreation areas, and other public facilities; to promote the conveyance of land by accurate legal description and plat; and to provide logical procedures for the achievement of this purpose. 06.02 GENERAL APPLICABILITY Any owner of land 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 9-463.02), shall be considered a subdivider and shall be subject to the provisions of this 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 of the 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 prior to final plat approval. 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. DRAFf MODIFICATIONS TO TIlLE 6 OF THE LAND DEVELOPMENT CODE RELATING TO REGULA nONS FOR SUBDIVISIONS OF TEN LOTS OR FEWER 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 of the aforementioned Titles: 1. Land Splits. 2. Minor Land Divisions. C. Subdivisions of 10 or fewer lots shall proceed throuoh the followinq steps: 1. Pre-application conference with the Town. 2. The submittal and approval of enqineerinq plans as deemed necessary by the Town Enqineer and Plannino Director prior to final plat approval. 3. Final plat submittal and review. and approval by the Town Council. 4. Recordation of approved final plat with the Pima County Recorder.