§ 15-2-3 Stage II - Preliminary plat.
The preliminary plat stage includes detailed subdivision planning, submittal, review and approval of the preliminary plat. The preliminary plat will be processed and reviewed in accordance with the procedures generally described herein and more particularly described in the Administrative Process Manual and the Engineering Design Standards and Policies Manual. If there is a conflict between the procedures generally described herein and more particularly described in the Administrative Process Manual, Zoning Ordinance, and in the Engineering Design Standards and Policies Manual, the procedures generally described herein shall govern.
(A) Development Services Department. The Development Services Department (Department) shall establish the procedures and requirements for the submittal of applications for preliminary plat and be responsible for the processing and distribution of such applications for review and decision.
(B) Development Review Committee. The Development Review Committee (Committee), as established by the City of Goodyear Zoning Ordinance, shall review and make recommendation to the Development Services Director on applications for Preliminary Plats, Minor Land Divisions, and other plans that fall under this Section. The Committee’s recommendation shall be to approve, approve with conditions, or deny. The Committee may promulgate rules and procedures with respect to Committee activities.
(C) Zoning. The subdivision shall be designed to meet the specific development standards, minimum dimension requirements and all other requirements for the zoning district in which it is located, and to comply with all zoning conditions and/or stipulations attached to the property.
(1) Concurrent Processing. If a proposed preliminary plat is inconsistent with the requirements for the zoning district in which the property is located and/or any zoning conditions or stipulations attached to the property ("zoning"), the City will concurrently process the application for the proposed preliminary plat and an application to amend the zoning as generally described herein. The Department shall not accept the submission of the preliminary plat until an application to amend the zoning on the property being platted has been submitted by the property owner or an authorized agent of the property owner. If the ordinance amending the zoning on the property has not been enacted or taken effect prior to the expiration of the substantive review time frame adopted for the review of preliminary plat applications, the application shall either be denied prior to the expiration of the substantive review time frame or, at the discretion of the Development Services Director, conditionally approved subject to the ordinance amending the zoning on the property being enacted and taking effect. No pre-development activity for a subdivision that occurs while an application for zoning amendment is pending, including, but not limited to, the processing of and/or conditional approval of a preliminary plat, shall be construed as having been undertaken in reliance on a favorable determination of such zoning application.
(2) Waiver of Preliminary Plat. The Development Services Director or designee may waive the requirement for a preliminary plat for proposed subdivisions that will include 10 or fewer lots, tracts or parcels if the proposed subdivision will be 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 the requirement for a preliminary plat is waived, the subdivider may then proceed directly to the submission of a final plat and engineering plans.
(D) Additional Requirements. The preliminary plat and the proposed development reflected therein shall comply with the requirements set forth in:
(1) the Subdivision Regulations;
(2) the Engineering Design Standards;
(3) the Flood Prevention Regulations;
(4) the City of Goodyear General Plan and related Master Plans;
(5) the Zoning Ordinance of the City of Goodyear;
(6) any applicable Zoning Conditions;
(7) any applicable Development Agreement;
(8) the City of Goodyear Design Guidelines Manual; and
(9) all other applicable federal, state, and local laws, ordinances, codes, rules, regulations, policies, and guidelines.
(E) Water and Wastewater. As a prerequisite of preliminary plat review by the Committee, the subdivider shall have informed the applicable state and county agencies and the City, or other applicable utility provider, of the tentative subdivision plans and learned the general requirements for potable water supply, distribution, and fire protection and for wastewater treatment and transmission for the property being platted. The preliminary plat and development reflected in the preliminary plat shall comply with applicable requirements for potable water supply, distribution, and fire protection; for wastewater treatment and transmission; and for the transport and use of reclaimed water for the property being platted. A statement as to the proposed source of water supplies for the development and proposed wastewater disposal facilities shall be included on the preliminary plat.
(F) Preliminary Plat Submission.
(1) The subdivider shall submit an application for preliminary plat, the preliminary plat and all required supporting data prepared in accordance with the requirements set forth herein and in the manner established by the Department as identified on the application forms.
(2) The Department may request additional information, and may, during the administrative completeness review process, modify or waive submission requirements as deemed appropriate to the size or nature of the subdivision.
(3) The subdivider shall pay user fees upon application as adopted by the City Council.
(4) The formatting, content and information to be provided in and in support of the preliminary plat and the formatting, content and information to be provided in and in support of the preliminary engineering plans and reports that are to be submitted in connection with an application for a preliminary plat shall comply with the requirements set forth in the Subdivision Regulations, the Flood Prevention Regulations, the Engineering Design Standards and Policies Manual, and any other applicable federal, state, and/or local law, ordinance, code, rule, regulation, policy, and/or guideline.
(5) Subdivisions containing hillside areas shall provide all applicable information as specified in Section 15-3-9.
(6) Residential subdivisions near existing or proposed freeways shall provide all applicable information as specified in Section 15-4-4(P).
(7) A subdivision that is to be constructed in phases may require approval of a preliminary phasing plan as determined by the Department. A preliminary phasing plan shall be prepared in accordance with the Engineering Design Standards and Policies Manual.
(G) Administrative Review. The Department shall check the submittal for completeness.
(1) If the submittal is incomplete, then the deficiencies shall be noted, and the submittals returned to the applicant.
(2) If deemed complete, then the preliminary plat shall be assigned a case number and distributed to the Committee, other City departments, City staff and outside agencies for review and comment. Comments shall be provided to the subdivider.
(H) Preliminary Plat Review. The Committee shall review the preliminary plat and supporting documentation for compliance with the applicable requirements.
(1) The Committee shall conduct a review of the preliminary plat to ensure compliance with the codes and ordinance stated herein.
(2) The Committee’s comments shall identify areas in which the preliminary plat submission, which includes the preliminary plat and all required supporting documentation, requires revision in order to comply with applicable requirements.
(3) The subdivider shall be responsible for revising the preliminary plat submission in accordance with the comments provided by the review. The response to the Committee’s comments shall be made in the manner and format requested by the Committee and as established by the Department.
(I) Preliminary Plat Approval. The Committee will schedule the preliminary plat for consideration for approval generally as follows:
(1) Upon completion of the review process by the Committee, the preliminary plat will be forwarded to the Development Services Director to approve, approve with conditions, or deny.
(2) In accordance with Section 15-1-3, the Development Services Director may impose conditions on the approval of the preliminary plat and/or on the approval of any extension of a preliminary plat approval as deemed necessary to implement the requirements of any federal, state, and/or local law, ordinance, code, rule, regulation, policy and/or guideline; to protect the public from potential adverse impacts from the proposed development; or to fulfill an identified need for public services. The conditions of approval shall be provided to the subdivider.
(3) If the plat is approved with conditions or denied, the subdivider may appeal the conditions and/or decision pursuant as provided herein.
(J) Significance of Preliminary Plat Approval. Preliminary plat approval constitutes authorization for the subdivider to proceed with preparation of the final plat and the engineering plans and specifications for public improvements. Preliminary plat approval is subject to the following conditions:
(1) The basic conditions under which approval of the preliminary plat was granted will not be changed prior to the expiration date.
(2) An approved preliminary plat shall expire 12 months from the date of approval unless either a final plat has been submitted for all or part of the property included in the preliminary plat or an extension has been obtained, as provided herein.
(3) The Development Services Director, or designee, may administratively grant a single 12-month extension to extend the expiration date of a preliminary plat approval. Should additional time be warranted beyond an extension granted by the Development Services Director or designee the Council may grant an additional, one time 12-month extension of the preliminary plat approval.
(a) No extensions shall be granted hereunder unless all of the following conditions have been met: (1) there have been no substantive changes to any of the standards listed in subsection (D) of this section; (2) that the existing preliminary plat continues to comply with all applicable requirements; and (3) the subdivider has expended substantial effort to prepare a final plat and engineering plans to support such final plat.
(b) A request for an extension hereunder shall be formally submitted to the Department prior to the expiration of the preliminary plat approval and shall be accompanied by documentation demonstrating compliance with the conditions set forth herein. If such requests for extension, including the supporting documentation, are filed prior to the expiration of the preliminary plat approval, then the preliminary plat approval shall continue in effect until such time as the requests for extension have been acted upon. The preliminary plat shall expire upon either the date such request for extension was denied or the expiration date of a preliminary plat approval, whichever is later.
(4) Preliminary plat approval does not assure final acceptance of streets for dedication.
(5) Preliminary plat approval does not assure that the subdivider will receive a certificate of assured water supply or a written commitment of water service for the proposed subdivision from the City or private water company designated as having an assured water supply as required under Arizona law as a requirement for final plat approval.
(K) The decision of the Development Services Director to deny a request to waive the requirement for a preliminary plat; approve, conditionally approve, or deny a preliminary plat; or deny a request for an extension to extend the expiration date of a preliminary plat approval shall be final. The decision of the Council to deny a request for an extension to extend the expiration date of a preliminary plat approval shall be final.
(1) The subdivider may appeal the decision of the Development Services Director to the Planning and Zoning Commission. The appeal, along with any required processing fee, shall be filed in writing to the Department within 15 working days after the decision is rendered. The appeal shall give reasons for the appeal and the relief requested.
(2) The Planning and Zoning Commission may approve, approve with modifications, conditionally approve, or deny the appeal. The decision of the Planning and Zoning Commission shall be in writing and shall be binding, unless such decision is appealed to the City Council.
(3) The subdivider may appeal the decision of the Planning and Zoning Commission to the City Council. The appeal, along with any required processing fee, shall be filed in writing with the City Clerk within 15 working days from the date of the decision by the Planning and Zoning Commission. The appeal shall provide reasons for the appeal and the relief requested.
(4) The City Council may approve, approve with modifications, conditionally approve, or deny the appeal. The decision of the City Council shall be in writing and shall be final.
(5) The subdivider, if aggrieved by a decision of the City Council hereunder may, within 30 days after the Council rendered its decision, file a complaint for special action in the superior court of Maricopa County to review the Council’s decision.
(L) Amendment. All or part of an approved preliminary plat may be amended. The amendment process shall be the same as the original approval process for preliminary plats. (Prior Code, § 15-2-3) (Am. Ord. 94-493, passed 4-12-1994; Am. Ord. 12-1272, passed 12-10-2012; Am. Ord. 21-1521, passed 12-13-2021; Am. Ord. 23-1572, passed 4-10-2023)