COUNCIL COMMUNICATION
TO: Honorable Mayor and Council
FROM: Jeff Thuneman, Development Services Director
SUBJECT:Title
Adopt Ordinance No. 24-1324 Amending Lake Havasu City Code Title 13, Subdivisions, Including but Not Limited to Allowing Administrative Approval of Preliminary and Final Plats; Revise Subdivision Definition; and Revising Public Improvement Assurances (Chris Gilbert)
Body
FUNDING SOURCE:
N/A
PURPOSE:
To authorize the responsibility for managing the Plat approval process from the Planning Commission and City Council level to an administrative level as now permitted by Arizona Senate Bill 1103 passed on March 3, 2023.
Revise the definition of subdivision to be consistent and remove unconditional guarantee public improvement assurance option.
This Ordinance was introduced at the February 13, 2024, City Council Meeting.
BACKGROUND:
Arizona Senate Bill 1103, attached to this communication, was signed into law by the Governor on March 3, 2023. This Bill permits Arizona municipalities to administratively manage the entire plat approval process, including preliminary and final plats, in accordance with already established guidelines in Title 13. Presently Preliminary Plats go to the Planning Commission for approval and Final Plats to the City Council.
The reality with plat approvals in every state is that there is little variance provided in State laws regarding the responsibility to approve plats that meet all the established requirements contained in City Codes. Arizona is no different and this bill recognizes that this is a more administratively oriented activity than a true legislative activity. By not having to go through the public hearing process, significant time can be saved in processing applications administratively versus the significant scheduling waits prior to hearing dates.
Subdivision definition sets thresholds as to when the development has to comply with City Code, Title 13. The common threshold is 4 or more lots, tracts, or parcels of land throughout the entire definition except when it references lots with boundaries which have been fixed by recorded plats, which is divided into more than two parts. To stay consistent throughout the definition and provide clarity it is proposed to change two parts to four parts.
Part of the Subdivision process requires the subdivider to provide assurance to guarantee completion of required public improvements in a subdivision. One of the methods is an unconditional guarantee from a local bank or federally insured savings and loan or other financial institutions approved by the City. This type of assurance is unclear and not a common method of assurance provided by financial institutions, therefore, it is proposed to delete it as one of the methods.
Tracked changes to Title 13 are attached.
COMMUNITY IMPACT:
Administrative review of plats would expedite the platting process.
FISCAL IMPACT:
Expediting the plat approval process would save considerable staff time over that required when preparing the documents for, and attending, public hearings.
ATTACHMENTS:
Ordinance No. 24-1324
Exhibit A
Tracked Changes Development Code Amendments
Senate Bill 1103, Approved March 3, 2023
SUGGESTED MOTION::Recommended Action
I move to adopt Ordinance No. 24-1324 amending Lake Havasu City Code Title 13, Subdivisions.