| ITEM #: 13. DATE: 10/07/2024 AI #:2259 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | AMENDMENTS TO CHAPTER 15 OF GOODYEAR CODE OF ORDINANCES (SUBDIVISION REGULATIONS) |
| STAFF PRESENTER(S): | Christian Williams, Planning Manager |
SUMMARY
This is a staff-initiated request to amend Article 15 of the Goodyear City Code to allow for the administrative approval of final plats pursuant to Arizona Revised Statutes.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
ADOPT ORDINANCE NO. 2024-1615, AMENDING GOODYEAR CITY CODE AMENDING SECTIONS 15-2-3 (STAGE II – PRELIMINARY PLAT) AND 15-2-5 (STAGE III – FINAL PLAT) OF ARTICLE 15-2 (PLATTING PROCEDURES AND REQUIREMENTS) AND SECTION 15-3-6 (CONDOMINIUM DEVELOPMENTS AIRSPACE PLANNING) OF ARTICLE 15-3 (SUBDIVISION DESIGN PRINCIPLES AND STANDARDS) OF CHAPTER 15 (SUBDIVISION REGULATIONS) RELATED TO ADMINISTRATIVE REVIEW AND APPROVAL OF PLATS AND AMENDED PLATS AND MINOR SCRIVENER'S ERROR; PROVIDING FOR CORRECTIONS, SEVERABILITY. (Christian Williams, 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 April 10, 2023, with adoption by Ordinance No. 2023-1572. These amendments related to preliminary plats and allowed the approval of preliminary plats to be completed administratively and without council approval.
Arizona Senate Bill 1103, approved on March 3, 2023, amended Title 9, chapter 4 article 8 of the Arizona Revised Statutes by adding A.R.S. §9-500.49, which allows the legislative body of a city to authorize personnel to review and approve final plats and plat amendments without approval by the City Council. The proposed amendments to the city code by Ordinance 2024-1615 will allow the Development Services Director to approve final plats. The following sections of Goodyear City Code will be amended:
For the approval of final plats, the Subdivision Regulations currently require review and approval from the City Council. Final plats approval is valid for 90 days. As noted above, a one-time administrative extension is available along with the availability of a one-time extension granted by the Council.
A work session with the City Council was held on July 1, 2024. At the work session, staff presented Council with information on process improvements proposed within the Development Services Department. One of the proposed improvements involved the approval of final plats. While final plats require review and approval from the City Council, these items are often placed on the consent agenda and it is extremely uncommon for a final plat to be pulled from consent. Additionally, so long as the final plat is in conformance with the preliminary plat, there is no legal basis for requesting amendments or denying the approval by City Council. As of 2023, Arizona State Statutes do not specifically require the City Council’s approval of final plats, so staff identified this area as a potential process improvement. A review of other cities within the Phoenix-metro area found that at least two cities currently have adopted a fully administrative process and several other cities are reviewing the League of Arizona Cities Model Ordinance to address administrative approval of final plats. At the July 1, 2024, work session, Council provided direction to staff to proceed with the process improvement. If final plat approval is delegated to city staff, then it could result in greater efficiencies and time savings for both staff and applicants.
The most recent amendments to the Subdivision Regulations were approved by the City Council on April 10, 2023, with adoption by Ordinance No. 2023-1572. These amendments related to preliminary plats and allowed the approval of preliminary plats to be completed administratively and without council approval.
Arizona Senate Bill 1103, approved on March 3, 2023, amended Title 9, chapter 4 article 8 of the Arizona Revised Statutes by adding A.R.S. §9-500.49, which allows the legislative body of a city to authorize personnel to review and approve final plats and plat amendments without approval by the City Council. The proposed amendments to the city code by Ordinance 2024-1615 will allow the Development Services Director to approve final plats. The following sections of Goodyear City Code will be amended:
- Article 15-2 (Platting Procedures and Requirements)
- Section 15-2-3 (Stage II – Preliminary Plat)
- Section 15-2-5 (Stage III – Final Plat)
- Article 15-3 (Subdivision Design Principles and Standards)
- Section 15-3-6 (Condominium Developments Airspace Planning)
For the approval of final plats, the Subdivision Regulations currently require review and approval from the City Council. Final plats approval is valid for 90 days. As noted above, a one-time administrative extension is available along with the availability of a one-time extension granted by the Council.
A work session with the City Council was held on July 1, 2024. At the work session, staff presented Council with information on process improvements proposed within the Development Services Department. One of the proposed improvements involved the approval of final plats. While final plats require review and approval from the City Council, these items are often placed on the consent agenda and it is extremely uncommon for a final plat to be pulled from consent. Additionally, so long as the final plat is in conformance with the preliminary plat, there is no legal basis for requesting amendments or denying the approval by City Council. As of 2023, Arizona State Statutes do not specifically require the City Council’s approval of final plats, so staff identified this area as a potential process improvement. A review of other cities within the Phoenix-metro area found that at least two cities currently have adopted a fully administrative process and several other cities are reviewing the League of Arizona Cities Model Ordinance to address administrative approval of final plats. At the July 1, 2024, work session, Council provided direction to staff to proceed with the process improvement. If final plat approval is delegated to city staff, then it could result in greater efficiencies and time savings for both staff and applicants.
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 final plats to the Development Services Director. The Development Services Director may approve, approve with conditions, or deny an application for final plat. Appeals of the Development Services Director’s decision may be made 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.