17.15.010 General provisions.
(A) In General. Every land division shall conform to the goals and objectives of the general plan, zoning ordinance, other ordinances adopted by the city council and laws of the state of Arizona that specifically relate to subdivisions and the development of land. Per A.R.S. § 9-463.01(h), the approval of every preliminary and final plat is conditioned upon compliance by the developer with:
(1) Rules as may be established by the Arizona Department of Transportation relating to provisions for the safety of entrance upon and departure from abutting state primary highways.
(2) Rules as may be established by a county flood control district relating to the construction or prevention of construction of streets in land established as being subject to periodic inundation.
(3) Rules as may be established by the Department of Health Services or a county health department relating to the provision of domestic water supply and sanitary sewage disposal.
(B) Reservation of Public Land. Where a tract to be subdivided contains all or any part of a park, school, flood control facility or other area shown on the general plan as a public area, or required by city council as a public area, such site shall be dedicated to the public or reserved for acquisition by the public within a specified time period. The developer and the appropriate public agency shall reach an agreement regarding such acquisition prior to consideration of the final plat by city council.
The city may reserve land within a proposed subdivision for public schools and parks, recreational facilities, open space, water and wastewater facilities and public safety annexes, subject to the following conditions:
(1) The required reservations are in accordance with principles and standards adopted by city council, which standards include the policies for open space set forth in the general plan.
(2) The land reserved shall be in the size and shape as to permit the remainder of the land area in which the reservation is located to develop in an orderly and efficient manner.
(3) The public agency for whose benefit an area has been reserved shall have a period of one (1) year or such extended period as may be mutually agreed upon after the recording of the final subdivision plat to enter into an agreement to acquire such reserved land area. The purchase price shall be the fair market value thereof at the time of the filing of the preliminary plat plus the taxes against such reserved area from the date of the reservation, and any other costs incurred by the developer in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area by such public agency and the developer.
(4) If the public agency for whose benefit an area has been reserved does not exercise the reservation agreement set forth in subsection (B)(3) of this section, within the agreed upon period of time, the reservation of such area shall terminate unless a mutually agreeable time extension is consummated.
(C) Owner/Agent Authorization. Applications may only be submitted by property owners or their authorized representatives. The director may require proof of ownership/agency prior to accepting an application.
(D) Mandatory Applicant Attendance. Applicants or their representative with authority to speak for and bind the applicant shall be present at all meetings and public hearings required under this section.
(E) Representations of Applicant Binding. All representations by the applicant, or by the applicant’s authorized representative, made in writing, or during any city public meeting or public hearing or by any submitted plan, plat, drawing, or other graphic depiction in support of the application, and designated in the record by the planning and zoning commission and/or city council, shall be deemed to be conditions of approval.
(F) Zoning Standards. Proposed subdivisions must be designed to meet the specific requirements of the zoning district in which they are located. In the event that a change in zoning is required to enable the development to be built as proposed, any necessary zoning amendment must be initiated by the property owner (or authorized agent) in accordance with the procedures for processing applications for changes in zoning set forth in the zoning ordinance. No subdivision plat for which a zone change is required may be considered by the city until the required zone change has been adopted by the city council.
(G) Outline of the Review Process. The preparation, review and approval of most subdivisions within the city limits shall proceed through the following progressive stages:
(1) Pre-application conference;
(2) Preliminary plat submittal: considered by planning and zoning commission and city council;
(3) Subdivision technical review: considered and reviewed by city staff and pertinent outside public service and utility agencies;
(4) Final plat submittal: considered by city council.
(H) The design standards for this chapter shall also serve as the minimum requirements for public improvements that are a part of a commercial development. (Ord. No. 2008-12, §§ 1, 2, 9-16-08; Ord. No. 2009-05, §§ 1, 2, 2-3-09; Ord. No. 2019-02, § 1, 2-5-19; Ord. No. 2020-06, § 1, 12-1-20. 1976 Code § 12-2-1)