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Home My WebLink About04/18/2006 Blue Sheet Amending Land Development Code Title 06.02 TOWN COUNCIL MEETING INFORMATION MEETING DATE: April 18, 2006 TOWN OF MARANA AGENDA ITEM: J. 1 TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin, AICP, Planning Director AGENDA TITLE: 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 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 of land 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 if not 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 of ten 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, where the lot buyer had no knowledge of requirements for improvements. Staff believes 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 a profit without Small Subdivisions 3/29/06 BeB selling to the major builders, yet would lead to a more orderly pattern of development than does the typical wildcat subdivision. RECOMMENDATION Staff recommends approval of this ordinance. SUGGESTED MOTION I move to approve Ordinance No. 2006.09. -2- 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 of the 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 of the 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 ofthe Town of Marana; and WHEREAS, A.R.S. S 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 of ten 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 WHEREAS, the Mayor and Council find that approval of these amendments is in the best interest of the residents and businesses ofthe Town of Maran a; NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona as follows: SECTION 1. Title 6 of the Town of Marana Land Development Code is hereby amended as follows (additions shown with double underlinim! and deletions shown with strikeouts) : {OOOO I 982.DOC I} - 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 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 orior to final olat aooroval. 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 ofthis 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. 2. Minor Land Divisions. C. Subdivisions of 10 or fewer lots shall oroceed throul!h the followinl! steos: 1. Pre-aoolication conference with the Town. {00001982.DOC I} - 2 - 2. The submittal and aooroval of en2:ineerin2: olans for imorovements as deemed necessary bv the Town En2:ineer and Plannin2: Director orior to final olat aooroval. 3. Final olat submittal and review. and aooroval 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 ofthis ordinance are repealed as of the effective date of this ordinance. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this 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. Ed Honea, Mayor ATTEST Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM Frank Cassidy, Town Attorney {00001982.DOC /} - 3 -