The Preliminary Plat stage of a subdivision includes detailed subdivision planning, submittal, review and approval of the Preliminary Plat. To avoid delay in processing this application, the subdivider shall provide the Town with all information essential to determine the character and general acceptability of the proposed development.
Any furtherance of pre-development activity engaged in, by, or on behalf of the developer while an application for zoning amendment or variance is pending, shall in no instance be construed as having been undertaken in reliance of a favorable determination of such application, notwithstanding the nature of the recommendation on the matter of the Director of Community Development.
The subdivision shall be designed to meet the specific requirements of the zoning district within which it is located. However, in the event that rezoning is deemed necessary, such as in the case of a Planned Area Development (PAD), the rezoning shall be initiated by the property owner or an authorized agent, and be heard and considered by the Commission and Council (see the Town of Clarkdale Zoning Code, Chapter 13, Section 13-020, for procedures regarding zoning changes). Any change in zoning or site plan approval required in relation to approval of the Preliminary Plat shall have been approved by the Council before the recommendation of approval of the Preliminary Plat by the Commission.
B. SANITARY SEWAGE, REFUSE DISPOSAL AND WATER SUPPLY:
As a prerequisite to Preliminary Plat review, the subdivider shall have informed all pertinent regulatory agencies of the tentative plans and the subdivider shall become informed of the general requirements for sewage disposal, water supply and refuse disposal which may apply to the property.
C. OWNER’S AUTHORIZATION:
If the applicant is not the legal owner of the property to be subdivided, said applicant shall, before filing the plat, obtain and submit notarized written consent to act in behalf of the legal owner(s) as the subdivider.
D. PRELIMINARY PLAT SUBMISSION:
1. Two (2) twenty-four inch by thirty-six inch (24" x 36") copies of the Preliminary Plat and required supporting data, prepared in accordance with requirements set forth in Section 12-4-040-E of these Regulations, and one (1) digital copy of all materials shall be filed with the Director of Community Development at least sixty (60) days prior to the Commission meeting at which the subdivider desires to be reviewed. Copies of the Preliminary Plat shall be reproduced in the form of blue line or black line prints on a white background. Scheduling of the case for Commission review shall be dependent upon adequacy of data presented and completion of processing, and shall occur within sixty (60) days of date of submission.
2. Fee: A Preliminary Plat fee, as adopted by the Council, shall be paid by the applicant prior to the acceptance of the Preliminary Plat. The filing fee shall also cover filing of an amended or revised Preliminary Plat handled as the same case. If preliminary approval expires prior to application for final approval, the plat shall be resubmitted for preliminary approval as a new case and the subdivider shall pay the required fees.
3. The submittal shall be checked by the Director of Community Development for content in accordance with requirements set forth in Section 12-4-040-E of these Regulations. If incomplete, the subdivider will be notified within one week of receipt and given the opportunity to comply. Upon determination the application is complete, a case number will be assigned and the applicant will be notified in writing of the acceptance, and place the case on the Planning Commission agenda for review and public hearing no sooner than fifteen (15) days or no later than forty-six (46) days after acceptance of the Preliminary Plat application. Notice of a public hearing shall be given not less than fifteen (15) days nor more than thirty (30) days prior to the date of the hearing as specified in Section 12-4-030-D-4i, posting the subject property, and mailing notification to all persons whose names appear on the latest adopted county tax roll as owning property within three hundred feet (300’) of the exterior boundaries of the subdivision that is the subject of the hearing.
4. Notice of the required public hearing shall be published in a newspaper of general circulation, in a “display ad” covering not less than one-eighth (1/8) of a page, and include a minimum of a four inch by four inch (4”x 4”) copy of the Preliminary Plat and the statement “a copy of the staff recommendations regarding this proposed subdivision will be available on (date) for the public’s review”.
E. FORM OF PRESENTATION FOR PRELIMINARY PLAT:
The information hereafter required as part of the Preliminary Plat submittal shall be shown graphically, or by note on plans, or by letter, and may comprise several sheets showing various elements of required data. All mapped data for the same plat shall be drawn at the same standard engineering scale. The scale shall not be smaller than one inch equals one hundred feet (1” = 100’).
All Preliminary Plat submittals shall include the following:
1. Letter of intent from the developer describing the subdivision and proposed name of subdivision and its location by Section, Township and Range, reference by dimension and bearing to an acceptable government section or quarter-section corner. The proposed subdivision name shall not duplicate any other recorded plat in Clarkdale or adjacent communities.
2. Name, address, email address and telephone number of the owner of record of the property, and of the applicant, if not the owner of record.
3. A copy of the title paperwork for the property.
4. Name, title, address, email address and telephone number of engineering, land planning, surveying, architectural firm, or individual preparing the plat.
5. Name, book and page number of any recorded subdivision adjacent to or having common boundaries with this plat.
6. Scale (written and bar graph), north point and date of preparation including dates of any subsequent revision.
7. Total subdivision acreage and dimensions. Do not include previously dedicated rights-of-way in this figure.
8. Fully dimensioned boundary lines.
9. A vicinity map which shows the relationship of the proposed subdivision to dedicated right-of-ways and any other facilities and developments which locate the subdivision. This map may be on the Preliminary Plat, but, if it is not practical, then a separate map showing title, scale, north point and date shall be provided.
11. Location, names, areas, width, proposed grade curve, super elevations, sight distances, and radii for all streets, highways and ways in the proposed subdivision and off-site, if required, to provide adequate access to the subdivision. Include connections to adjoining platted tracts, public lands and streets contained therein.
12. The width and approximate locations of all existing or proposed public or private easements or rights-of-way for streets, ways, trails, drainage, sewers, public utilities, flood control purposes, access to adjacent public land, or other community facilities.
13. Typical lot dimensions (scaled); dimensions of all corner lots, all lots of more than four (4) sides and lots of curvilinear sections of streets; each lot numbered individually and consecutively; total number of lots or dwelling units.
14. Designations of all land to be dedicated or reserved for public use with use indicated, including land reserved for parks, recreational facilities, school sites, and fires stations pursuant to A.R.S. 9.463.01.0.
15. Area of all lots and parcels not for single family residential use, in acres. The area of all single-family residential lots in square feet if under or equal to one (1) acre in size, or in acres, if the lots are over one (1) acre in size.
16. A report by a sanitary engineer describing proposed wastewater disposal.
17. Locations, elevations, and sizes of culverts, storm drains and detention facilities. This information shall be accompanied by a hydrologic and hydraulic analysis, which meets the criteria set forth in the most recent Yavapai County Flood Control District Storm Water Detention Material and Drainage Criteria Manual.
18. The locations of floodway and floodplain boundaries and base flood elevations as determined on Federal Emergency Management Agency (FEMA) Flood Maps and the location of other water courses and land subject to inundation or flood hazard.
19. Engineer’s calculations and estimated values for each tributary of storm runoff for a twenty-five (25) year and one hundred (100) year frequency storms as specified in the Yavapai County Flood Control District Ordinance. The values shall be indicated along the boundary of the plat for all points of drainage entering and leaving the property.
22. Location and dimensions of all existing or proposed structures, walls, fences, irrigation ditches, water wells, pipelines, utilities, and other physical features. Plat shall indicate which improvements are to remain, be altered or removed.
23. Letters of serviceability for all utilities proposed to service the subdivision.
24. Contour intervals shall be such as to adequately reflect the character and drainage of the land.
25. School or park sites that may be required.
26. The zoning of all adjacent land.
27. Any deed restrictions or covenants and property owners association agreements to be or presently imposed upon the plat or any part thereof.
28. A Phase II County Flood Control Report.
F. PRELIMINARY PLAT REVIEW:
1. The Director of Community Development shall distribute copies of the plat to the following:
a. All Planning Commissioners.
c. The Yavapai County Flood Control District for review of flood control and drainage measures.
d. The Yavapai County Environmental Services Department for review of sewage disposal proposal.
e. Representatives of local utilities for review.
f. Where the land abuts a State Highway, to the Arizona Department of Transportation for recommendations regarding right-of-way and intersection design.
2. The reviewers may transmit their recommendations to the Director in writing or verbally. The Director of Community Development will then summarize the recommendations, prepare a report and present it to the Commission.
G. RESPONSIBILITIES OF THE COMMISSION:
The Commission shall recommend for approval, conditional approval or denial of the Preliminary Plat as proposed after considering the recommendations and findings of the Director of Community Development and all other appropriate agencies, and testimony of the applicant, interested individuals and the public present during at least one (1) public meeting.
1. Recommendation for approval by the Commission shall be based on the following findings:
a. The proposed subdivision conforms to the adopted General Plan goals, objectives and policies of the Town.
b. The proposed subdivision, as reviewed and approved, will not be detrimental to the public health, safety, and general welfare.
c. Environmental concerns conform to adopted standards.
d. The design of the proposed subdivision is sensitive to the physical characteristics of the site.
f. The proposed subdivision conforms to the improvement standards and design standards set forth in these Regulations and other applicable Town, County, State and Federal regulations.
2. After recommending approval, the Commission will notify the Town Clerk to schedule a public hearing on the matter before the Council, no sooner than twenty-one (21) days nor later than forty-six (46) days after the date of the Commission’s action.
3. If the Preliminary Plat is generally acceptable but requires minor revision(s), the Commission shall recommend for conditional approval with the required revisions being noted in the meeting minutes. The Commission will forward a copy of the minutes with the copies of the Preliminary Plat to the Council.
4. If the Commission finds that the Preliminary Plat requires major revision, the case shall be held over pending revision, re-submittal, processing and rescheduling for review.
If the Commission finds that the Preliminary Plat does not meet the requirements of these Subdivision Regulations, the subdivider may appeal this decision to the Council.
1. All appeals shall be made in writing and filed with the Council with a copy also filed with the Commission, setting forth the particulars and the reasons for the appeal.
2. Appeals must be made within thirty (30) days from the date of the findings of the Commission.
3. The Council will hear such cases for appeal no later than thirty (30) days after appeal is taken.
4. The Council shall decide appeals wherein it is alleged by the subdivider that there is error in any order, requirement, decision, grant or refusal made by the Commission or any official in the administration of these Regulations.
5. The Council shall approve, disapprove or approve with modifications, upon appeal or recommendation of the Commission in specific cases, such variations as will not be contrary to the public interest, where according to special conditions a literal enforcement of these Regulations will result in unnecessary hardship, so that the spirit of these Regulations shall be observed and substantial justice done.
I. PUBLIC HEARING BEFORE THE COUNCIL AND NOTICE:
The Council shall hold at least one (1) public hearing on each Preliminary Plat. Said hearing shall commence within forty-six (46) days of the date that the Commission made a recommendation to the Council on the Preliminary Plat. Notice of a public hearing shall be given not less than fifteen (15) days nor more than thirty (30) days prior to the date of the hearing, by publication in a newspaper of general circulation, posting the subject property, and mailing notification to all persons whose names appear on the latest adopted county tax roll as owning property within three hundred feet (300’) of the exterior boundaries of the subdivision that is the subject of the hearing.
J. RESPONSIBILITIES OF THE COUNCIL:
The Council shall approve, conditionally approve or deny the Preliminary Plat as proposed after considering the recommendations and findings of the Commission, the Director of Community Development and all other appropriate agencies, and testimony of the applicant, interested individuals and the public. Council action shall be based on its findings of fact and conclusion. The application, the Commission’s recommendation, the subdivider’s presentation, staff reports, public testimony and other information provided at the Council’s public hearing may all be part of the Council’s findings of fact and conclusion. If the Council is unable to make a determination because additional consideration is necessary, the Council may continue the Preliminary Plat application to its next regularly scheduled public meeting or such other properly noticed public meeting as agreed between the Council and the applicant. At the discretion of the Council, the plat may be given preliminary approval by the Director of Community Development when the Preliminary Plat has been satisfactorily revised in accordance with the stated conditions and reviewed by the Director of Community Development. If the Council requires major changes including, but not limited to changes in street layout, lot size, access to the subdivision, easements or public improvements, then the Preliminary Plat will be returned to the Commission for recommendation at their next regularly scheduled meeting, prior to approval by the Council.
K. COUNCIL REJECTION:
If the Preliminary Plat is rejected, the new filing of a plat for the same tract, or any part thereof, shall follow the aforementioned procedure and be subject to the required fee.
L. SIGNIFICANCE OF PRELIMINARY PLAT APPROVAL:
Preliminary approval constitutes authorization for the subdivider to proceed with preparation of the engineering plans and specifications for public improvements. Preliminary approval is based upon the following terms:
1. The basic considerations under which approval of the Preliminary Plat is granted will not be changed prior to the expiration date of Preliminary Plat approval.
2. Approval is valid for a period of twelve (12) months from the date of Council action. Requests can be made for one (1) year extensions up to a total of not more than three (3) years from the original date of approval. Extensions of the Preliminary Plat approval may be granted by the Council upon receipt of a letter from the subdivider before the expiration date.
3. Preliminary Plat approval, in itself does not assure final acceptance of streets for dedication or continuation of existing zoning requirements for the tract or its environs. It does not constitute authorization to record the plat. (Prior code § 12-4-3)