| ITEM #: 18. DATE: 12/13/2021 AI #:552 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | AMENDMENTS TO CHAPTER 15 OF THE GOODYEAR CITY CODE (SUBDIVISION REGULATIONS) |
| STAFF PRESENTER(S): | Katie Wilken, Planning Manager |
OTHER PRESENTER(S):
None
SUMMARY
Proposed amendments to City of Goodyear Subdivision Regulations related to preliminary and final plats that are intended to expedite the development process while insuring compliance with city standards and timely completion and recordation of final plats.
Recommendation
1. ADOPT RESOLUTION 2021-2190 DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT TITLED “AMENDMENTS TO CHAPTER 15 SUBDIVISION REGULATIONS OF THE GOODYEAR CITY CODE.”
2. ADOPT ORDINANCE 2021-1521 AMENDING SECTIONS 15-1-2 (DEFINITIONS) 15-2-3 (STAGE II–PRELIMINARY PLAT) AND 15-2-5 (STAGE III–FINAL PLAT) OF THE GOODYEAR CITY CODE; PROVIDING FOR CORRECTIONS, SEVERABILITY AND AN EFFECTIVE DATE. (Katie Wilken, Planning Manager)
2. ADOPT ORDINANCE 2021-1521 AMENDING SECTIONS 15-1-2 (DEFINITIONS) 15-2-3 (STAGE II–PRELIMINARY PLAT) AND 15-2-5 (STAGE III–FINAL PLAT) OF THE GOODYEAR CITY CODE; PROVIDING FOR CORRECTIONS, SEVERABILITY AND AN EFFECTIVE DATE. (Katie Wilken, Planning Manager)
FISCAL IMPACT
The proposed changes to the subdivision regulations are revenue neutral and will not modify any existing fees or implement new ones.
BACKGROUND AND PREVIOUS ACTIONS
The current Subdivision Regulations codified in Chapter 15 of the Goodyear City Code (the “Subdivision Regulations”) were originally adopted by the City Council in 1994 and have had several amendments made to them since that time. The most recent amendments to the Subdivision Regulations were adopted by Ordinance 12-1272 on December 10, 2012.
The amendments to the Subdivision Regulations adopted by Ordinance 12-1272 included revisions that lengthened the time period for extension of preliminary plat approval from 6-months to 12-months and the length of time of extensions that council could grant from 6-months to 12-months. In addition, new terms were added imposing a 90-day deadline for the recordation of final plats and allowing for City Council to grant a 90-day extension. This provision was been added because at the time Ordinance 12-1272 was adopted there were at least 47 final plats representing over 5,600 single-family lots that have been approved, but never recorded and developed. Some of these final plats were over eight years old. Once a final plat is approved, the City is committed to providing that subdivision with utilities and public services, which affects the City’s ability to manage its infrastructure and resources, particularly in relation to water and wastewater capacity if the plats are not recorded and the infrastructure constructed. The intent of these changes was for platting to be pursued not as “entitlements” but as a means of actual development.
The amendments to the Subdivision Regulations adopted by Ordinance 12-1272 included revisions that lengthened the time period for extension of preliminary plat approval from 6-months to 12-months and the length of time of extensions that council could grant from 6-months to 12-months. In addition, new terms were added imposing a 90-day deadline for the recordation of final plats and allowing for City Council to grant a 90-day extension. This provision was been added because at the time Ordinance 12-1272 was adopted there were at least 47 final plats representing over 5,600 single-family lots that have been approved, but never recorded and developed. Some of these final plats were over eight years old. Once a final plat is approved, the City is committed to providing that subdivision with utilities and public services, which affects the City’s ability to manage its infrastructure and resources, particularly in relation to water and wastewater capacity if the plats are not recorded and the infrastructure constructed. The intent of these changes was for platting to be pursued not as “entitlements” but as a means of actual development.
STAFF ANALYSIS
Staff is constantly engaged in exploring process improvements that will expedite the development process without compromising city standards. As discussed below, the proposed modifications to the city’s subdivision regulations do just that.
Waiver of Preliminary Plat Requirement
Under the City’s current subdivision regulations, the approval of a preliminary plat for a proposed subdivision is a condition precedent for the submittal and approval of a final plat. State law allows the requirement for preliminary plats to be waived for subdivisions that will include 10 or fewer lots, tracts or parcels. The proposed modifications will allow the City Engineer or his/her designee to waive the preliminary plat requirement for proposed subdivisions that will include 10 or fewer lots, tracts or parcels if the proposed subdivision will be consistent with the zoning applicable to the subdivision, including, compliance with the minimum size of each lot, tract and parcel required in the zoning applicable to the subdivision. If waived, the entity subdividing the property can proceed directly to the submission of a final plat and engineering plans. This saves substantial time because the applicant does not have to create documents that then have to be reviewed, approved by city staff, and then presented at public meetings to the Goodyear Planning and Zoning Commission and to the Goodyear City Council. City standards will not be impacted because all final plats have to be in conformance with applicable development standards and requirements.
Modifications to Expirations of Approvals of Preliminary Plats
The proposed modifications to the process for obtaining extensions for preliminary plat approval deadlines will also serve to expedite the development process. Under the existing subdivision regulations, preliminary plat approvals expire twelve months from the date the Goodyear City Council approves the preliminary plat unless a final plat has been submitted that includes all or part of the property included in the preliminary plat or an extension has been obtained. City Council currently considers requests for 12-month extensions.
The proposed modifications to the subdivision regulations clarify that a preliminary plat expires unless a final plat that includes all or part of the property included in the preliminary plat has been recorded or an extension has been granted. In addition, the Development Services Director, or designee, will have the authority to administratively grant a single 12-month extension to extend the expiration date of a preliminary plat approval and the City Council would have the ability to grant one additional 12-month extension. The regulations still prohibit any extension from being granted unless all of the following conditions have been met: (i) there have been no substantive changes to any of the standards listed in Section 15-2-3(B) of the Goodyear City Code; (ii) that the existing preliminary plat continues to comply with all applicable requirements; and (iii) the subdivider has expended substantial effort to prepare a final plat and engineering plans to support such final plat.
Allowing for the administrative approval of the first extension eliminates the delays associated with the preparation and presentation of a request for the first extension before City Council. Providing for the possibility of one additional 12-month extension approved by City Council avoids delays that would be caused by allowing a preliminary plat to expire, when a final plat is being actively pursued, and the approved preliminary plat is consistent with current standards and requirements and allows City Council to ensure that the platting process is not being used as entitlement but for actual development. The possibility of a preliminary plat approval expiring 36 months after its approval is needed because, despite best efforts on the part of an applicant, finalization of certain final plats has taken substantial amounts of time. This frequently occurs when third parties are involved in the review process, such as reviews by private utility companies and irrigation districts, or when existing improvements owned by third parties have to be relocated before a final plat can be finalized.
Modifications to Final Plat Provisions
The proposed modifications to the process for obtaining extensions for the deadline to record final plats will also serve to expedite the development process. Under the existing subdivision regulations, final plats are required to be recorded 90-days from the date the Goodyear City Council approves the final plat unless an extension has been obtained. City Council currently considers requests for a 90-day extension of the recording deadline.
Under the proposed modifications, the Development Services Director, or designee, will have the authority to administratively grant a single 90-day extension to extend the deadline for recordation of a final plat and the City Council would have the ability to grant one additional 90-day extension. The regulations still prohibit any extension from being granted unless all of the following conditions have been met: (i) there have been no substantive changes to any of the standards listed in Section 15-2-5(D) of the Goodyear City Code; (ii) that the existing preliminary plat continues to comply with all applicable requirements; and (iii) the subdivider has expended substantial effort and made substantial progress towards the completion of engineering construction plans for the required subdivision improvements.
The proposed changes eliminate the delays associated with the preparation and presentation of a request for the first extension before City Council while limiting the time approved final plats remain unrecorded. The ability for the City Council to grant a second extension avoids delays that would be caused by allowing a final plat that is consistent with current standards and requirements and allows City Council to ensure that the platting process is not being used as entitlement but for actual development.
Having the ability for two 90-day extensions of the recordation deadline is needed for a couple of reasons. Although construction plans for infrastructure needed to support final plats should be approved prior to final plats being taken to council for approval, there are cases in which final approvals are delayed because of the need for third-party signatures (i.e. private utilities, irrigation districts, etc. have approved the plans but final signatures are needed). In addition, recordation of final plats are being delayed, because the final plats are often pursued in connection with a sale. In many cases, the potential buyer requires that the property be platted prior to buying the property but the buyer will be the entity that records the final plat and provides the financial assurances for the completion of the required public infrastructure improvements. In such cases, the final plat cannot be recorded until the sale is finalized, the final plat is revised to reflect current owner and lender information, and the new owner has obtained the required financial assurances to submit to the city.
Changes to Definitions
In addition to the foregoing changes, other changes that are more in the nature of clean up were made.
Waiver of Preliminary Plat Requirement
Under the City’s current subdivision regulations, the approval of a preliminary plat for a proposed subdivision is a condition precedent for the submittal and approval of a final plat. State law allows the requirement for preliminary plats to be waived for subdivisions that will include 10 or fewer lots, tracts or parcels. The proposed modifications will allow the City Engineer or his/her designee to waive the preliminary plat requirement for proposed subdivisions that will include 10 or fewer lots, tracts or parcels if the proposed subdivision will be consistent with the zoning applicable to the subdivision, including, compliance with the minimum size of each lot, tract and parcel required in the zoning applicable to the subdivision. If waived, the entity subdividing the property can proceed directly to the submission of a final plat and engineering plans. This saves substantial time because the applicant does not have to create documents that then have to be reviewed, approved by city staff, and then presented at public meetings to the Goodyear Planning and Zoning Commission and to the Goodyear City Council. City standards will not be impacted because all final plats have to be in conformance with applicable development standards and requirements.
Modifications to Expirations of Approvals of Preliminary Plats
The proposed modifications to the process for obtaining extensions for preliminary plat approval deadlines will also serve to expedite the development process. Under the existing subdivision regulations, preliminary plat approvals expire twelve months from the date the Goodyear City Council approves the preliminary plat unless a final plat has been submitted that includes all or part of the property included in the preliminary plat or an extension has been obtained. City Council currently considers requests for 12-month extensions.
The proposed modifications to the subdivision regulations clarify that a preliminary plat expires unless a final plat that includes all or part of the property included in the preliminary plat has been recorded or an extension has been granted. In addition, the Development Services Director, or designee, will have the authority to administratively grant a single 12-month extension to extend the expiration date of a preliminary plat approval and the City Council would have the ability to grant one additional 12-month extension. The regulations still prohibit any extension from being granted unless all of the following conditions have been met: (i) there have been no substantive changes to any of the standards listed in Section 15-2-3(B) of the Goodyear City Code; (ii) that the existing preliminary plat continues to comply with all applicable requirements; and (iii) the subdivider has expended substantial effort to prepare a final plat and engineering plans to support such final plat.
Allowing for the administrative approval of the first extension eliminates the delays associated with the preparation and presentation of a request for the first extension before City Council. Providing for the possibility of one additional 12-month extension approved by City Council avoids delays that would be caused by allowing a preliminary plat to expire, when a final plat is being actively pursued, and the approved preliminary plat is consistent with current standards and requirements and allows City Council to ensure that the platting process is not being used as entitlement but for actual development. The possibility of a preliminary plat approval expiring 36 months after its approval is needed because, despite best efforts on the part of an applicant, finalization of certain final plats has taken substantial amounts of time. This frequently occurs when third parties are involved in the review process, such as reviews by private utility companies and irrigation districts, or when existing improvements owned by third parties have to be relocated before a final plat can be finalized.
Modifications to Final Plat Provisions
The proposed modifications to the process for obtaining extensions for the deadline to record final plats will also serve to expedite the development process. Under the existing subdivision regulations, final plats are required to be recorded 90-days from the date the Goodyear City Council approves the final plat unless an extension has been obtained. City Council currently considers requests for a 90-day extension of the recording deadline.
Under the proposed modifications, the Development Services Director, or designee, will have the authority to administratively grant a single 90-day extension to extend the deadline for recordation of a final plat and the City Council would have the ability to grant one additional 90-day extension. The regulations still prohibit any extension from being granted unless all of the following conditions have been met: (i) there have been no substantive changes to any of the standards listed in Section 15-2-5(D) of the Goodyear City Code; (ii) that the existing preliminary plat continues to comply with all applicable requirements; and (iii) the subdivider has expended substantial effort and made substantial progress towards the completion of engineering construction plans for the required subdivision improvements.
The proposed changes eliminate the delays associated with the preparation and presentation of a request for the first extension before City Council while limiting the time approved final plats remain unrecorded. The ability for the City Council to grant a second extension avoids delays that would be caused by allowing a final plat that is consistent with current standards and requirements and allows City Council to ensure that the platting process is not being used as entitlement but for actual development.
Having the ability for two 90-day extensions of the recordation deadline is needed for a couple of reasons. Although construction plans for infrastructure needed to support final plats should be approved prior to final plats being taken to council for approval, there are cases in which final approvals are delayed because of the need for third-party signatures (i.e. private utilities, irrigation districts, etc. have approved the plans but final signatures are needed). In addition, recordation of final plats are being delayed, because the final plats are often pursued in connection with a sale. In many cases, the potential buyer requires that the property be platted prior to buying the property but the buyer will be the entity that records the final plat and provides the financial assurances for the completion of the required public infrastructure improvements. In such cases, the final plat cannot be recorded until the sale is finalized, the final plat is revised to reflect current owner and lender information, and the new owner has obtained the required financial assurances to submit to the city.
Changes to Definitions
In addition to the foregoing changes, other changes that are more in the nature of clean up were made.