| ITEM #: 11. DATE: 04/10/2023 AI #:1413 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | AMENDMENTS TO CHAPTER 15 OF THE GOODYEAR CODE OF ORDINANCES (SUBDIVISION REGULATIONS) |
| STAFF PRESENTER(S): | Steve Careccia, Planning Manager |
SUMMARY
Proposed amendments to the City of Goodyear Subdivision Regulations related to the approval of preliminary plats.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
1. ADOPT RESOLUTION NO. 2023-2296 DECLARING AS PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND TITLED “EXHIBIT A - AMENDMENT TO CHAPTER 15 SUBDIVISION REGULATIONS OF THE GOODYEAR CODE OF ORDINANCES.”
2. ADOPT ORDINANCE NO. 2023-1572 AMENDING SECTION 15-2-3 (STAGE II – PRELIMINARY PLAT) OF THE GOODYEAR CODE OF ORDINANCES; PROVIDING FOR CORRECTIONS, SEVERABILITY, AN EFFECTIVE DATE, AND DIRECTING THE CITY CLERK TO RECORD A COPY OF THIS ORDINANCE. (Steve Careccia, Planning Manager)
2. ADOPT ORDINANCE NO. 2023-1572 AMENDING SECTION 15-2-3 (STAGE II – PRELIMINARY PLAT) OF THE GOODYEAR CODE OF ORDINANCES; PROVIDING FOR CORRECTIONS, SEVERABILITY, AN EFFECTIVE DATE, AND DIRECTING THE CITY CLERK TO RECORD A COPY OF THIS ORDINANCE. (Steve Careccia, Planning Manager)
FISCAL IMPACT
The proposed changes to the subdivision regulations are revenue neutral. Potential changes to existing fees may be brought forward at a future time either individually or as part of a comprehensive fee review.
BACKGROUND AND PREVIOUS ACTIONS
Pursuant to A.R.S. Section 9-463.01, the legislative body of every municipality shall regulate the subdivision of land within its corporate limits. As such, the city of Goodyear has adopted subdivision regulations codified in Chapter 15 of the Goodyear Code of Ordinances (the “Subdivision Regulations”). The Subdivision Regulations were originally adopted by the City Council in 1994 and have undergone several amendments since that time.
The most recent amendments to the Subdivision Regulations were approved by the City Council on December 13, 2021, with adoption by Ordinance No. 2021-1521. These amendments related to preliminary and final plats and consisted of the following:
For the approval of preliminary plats, the Subdivision Regulations currently require review and recommendation from the Planning and Zoning Commission and approval from the City Council. Preliminary plat approval is valid for 12 months. As noted above, a one-time administrative extension is available along with the availability of a one-time extension granted by the Council.
A worksession with the City Council was held on October 3, 2022. At the worksession, the staff presented Council with information on process improvements proposed within the Development Services Department. One of the proposed improvements involved the approval of preliminary plats. As noted previously herein, preliminary plats require review by the Planning and Zoning Commission and approval from the City Council. But, as Arizona State Statutes do not specifically require Commission or Council approval of preliminary plats, staff identified this area as a potential process improvement. A review of 10 other cities within the Phoenix-metro area found that all 10 either administratively approved preliminary plats or approval was under the purview of a Planning Commission. Only the city of Goodyear required both Commission and Council review and approval. As such, it was determined that if preliminary plat approval could be delegated to the staff, then it could result in greater efficiencies and time savings for both staff and applicants. At this time, it is estimated that applicants could save at least one to two months of processing time by foregoing the requirement for Commission and Council review and approval. Fees paid by the applicant could also be reduced, upon future Council action, with an initial analysis indicating the fee for a subdivision of 11–200 lots could be reduced from the current amount of $6,155 and for a subdivision of 201 lots or greater the fee could be reduced from the current amount of $8,317. These general findings were presented to the Council at the October 3rd worksession, and Council directed staff to proceed with the process improvement.
The most recent amendments to the Subdivision Regulations were approved by the City Council on December 13, 2021, with adoption by Ordinance No. 2021-1521. These amendments related to preliminary and final plats and consisted of the following:
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Waiver of preliminary plat requirement for those subdivisions that included 10 or fewer lots, tracts or parcels, if the proposed subdivision is 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 would be able to proceed directly to the submission of a final plat and engineering plans.
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Clarification 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, has 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 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.
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Granted the Development Services Director, or designee, 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 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.
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In addition to the foregoing changes, other changes were made for clarification purposes, such as changes to the definitions.
For the approval of preliminary plats, the Subdivision Regulations currently require review and recommendation from the Planning and Zoning Commission and approval from the City Council. Preliminary plat approval is valid for 12 months. As noted above, a one-time administrative extension is available along with the availability of a one-time extension granted by the Council.
A worksession with the City Council was held on October 3, 2022. At the worksession, the staff presented Council with information on process improvements proposed within the Development Services Department. One of the proposed improvements involved the approval of preliminary plats. As noted previously herein, preliminary plats require review by the Planning and Zoning Commission and approval from the City Council. But, as Arizona State Statutes do not specifically require Commission or Council approval of preliminary plats, staff identified this area as a potential process improvement. A review of 10 other cities within the Phoenix-metro area found that all 10 either administratively approved preliminary plats or approval was under the purview of a Planning Commission. Only the city of Goodyear required both Commission and Council review and approval. As such, it was determined that if preliminary plat approval could be delegated to the staff, then it could result in greater efficiencies and time savings for both staff and applicants. At this time, it is estimated that applicants could save at least one to two months of processing time by foregoing the requirement for Commission and Council review and approval. Fees paid by the applicant could also be reduced, upon future Council action, with an initial analysis indicating the fee for a subdivision of 11–200 lots could be reduced from the current amount of $6,155 and for a subdivision of 201 lots or greater the fee could be reduced from the current amount of $8,317. These general findings were presented to the Council at the October 3rd worksession, and Council directed staff to proceed with the process improvement.
STAFF ANALYSIS
As directed by the City Council, staff is proposing to amend the Subdivisions Regulations for process improvement purposes. The amendment, as attached hereto, will delegate the approval of preliminary plats to the staff, specifically the Development Services Director (Director). The Director may approve, approve with conditions or deny an application for preliminary plat. Appeals of the Director’s decision may be made to the Planning and Zoning Commission, with a further appeal to the City Council.
As proposed herein and within the attached, Staff finds the proposed modifications to the Subdivision Regulations will further the city’s goal of expediting the development process without compromising city standards.
As proposed herein and within the attached, Staff finds the proposed modifications to the Subdivision Regulations will further the city’s goal of expediting the development process without compromising city standards.