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(A) Approval of map. The division of land defined by this article requires the approval of a land split map by the Development Services Director or his or her designee or the City Council.
(B) Purpose. The purpose of the land split map review is to determine the appropriateness of the access and lot design with respect to the contours of the land, to determine if the setbacks of existing development are being rendered nonconforming with the creation of new lot lines, to determine if a subdivision is being created, and to determine whether or not the proposed land split conforms with city policies and ordinances.
(C) Pre-application conference.
(1) The pre-application conference stage of the land split review is an investigatory period which precedes the preparation and the submittal of the application. The applicant shall present his or her proposal to the Planning Division, which shall advise the applicant of specific public objectives, standards and regulations related to the property and the procedure for land split review.
(2) This stage of processing affords the Planning Division the opportunity to give informal guidance at a time when potential conflicts can be most easily resolved, additional requirements may be discussed, and undue expense and delay are saved by the applicant.
(D) Application requirements. Applicants requesting land split map approval shall submit the following to the Planning Division:
(1) A completed application form;
(2) Fees as specified in the Apache Junction City Code, Vol. I, Chapter 4, Fees, Article 4-4;
(3) Three 18 inch x 24 inch blueline or blackline prints folded into a 9 inch x 12 inch size. One Mylar print (shall be submitted later, but prior to final approval of the land split map);
(4) Proof of ownership, such as a copy of the deed to the land, and a signed statement in the application form affirming current ownership. If discrepancies arise in verification, then applicant may be required to provide additional proof of ownership, such as a vesting or title report; and
(5) After final review and all corrections have been made, one 18 inch x 24 inch Mylar final land split map shall be submitted for the Development Services Director's signature.
(E) Planning Division review. The Planning Division shall review the application and make a determination as to its completeness. The Planning Division shall advise the applicant of deficiencies if the application is determined to be incomplete.
(F) Recommendations. Upon determining that an application is complete, the Planning Division may distribute materials to the following agencies for their recommendations:
(1) Other city departments;
(2) Fire District Chief; and/or
(3) Any other relevant agency.
(G) Land split map requirements.
(1) The following are the requirements for the minor division/land split of land, lot combination, and lot line adjustment that shall proceed through the process of the preparation of results of the survey map:
(a) Depth-to-width ratio of the lot shall usually be not greater than 3:1;
(b) Every lot shall abut a public or private street at a minimum frontage designated by the zoning district;
(c) Curvilinear lot lines are not allowed;
(d) Lot lines shall consist of a series of straight lines with no turn angles or curvilinear interior lot lines. The division line shall be straight from front property line to rear property line or from side to side;
(e) No flag lots are allowed (defined as: a long, slender strip of land resembling a flag pole that extends from the typically rectangular main section of the lot or the "flag" to the street); and
(f) Lot width, depth and area shall comply with the minimum requirements of the Zoning Ordinance and shall be appropriate for the location and character of the development proposed and for the type and extent of street and utility improvements being installed.
(2) The final land split map shall be submitted on a reproducible Mylar film drawn with India ink, or similar permanent ink, at a scale large enough to show all details clearly (normally 1 inch = 100 feet or larger) on a sheet 18 inches x 24 inches. A line shall be drawn around the sheet leaving a margin of 1 inch, and a left margin of 2 inches.
(3) The land split map shall show or contain the following information:
(a) A title to read: "Apache Junction Land Split Map (case number);
(b) Graphic and written scale, north indicator, and date of preparation;
(c) Legal description of the parent parcel, and each proposed new lots;
(d) Location and description of existing and proposed monuments to which all bearings, dimension, angles and similar data shall be referenced. Such data shall be tied to the city datum system;
(e) Boundaries of the property fully balanced and closed, showing all bearings and distances (in feet and decimals thereof), determined by an accurate survey in the field. Boundary closure calculations are required with error of closure;
(f) By note or a legend, identify any symbols used on the map;
(g) Bearings and dimensions of all existing parcel lines and proposed lot lines, with each new lot identified by letter and indicating the net area in square feet of each lot;
(h) Name, course, length and width of existing and proposed street dedications;
(i) Location, length; and width of existing and proposed access, utility, public service and drainage easements. No more than 1 lot or parcel may be granted a private access easement across another abutting lot;
(j) The identification of adjacent subdivisions and land split maps by record data;
(k) Flood zone information and delineation on the map of any areas identified on the flood insurance rate map as special flood hazard areas. Also, tributary washes outside the special flood hazard areas shall be delineated;
(l) The location of existing structures;
(m) Name of owner or trustee;
(n) Engineer's or surveyor's certificate:
"This is to certify that the survey and the map of the division of land described herein was accurately done under my direction and that all lots are staked or will be staked and all monuments are set or will be set within 1 year after recordation.
Signature Date Registration No. Seal"
(o) Certificate of approval:
"This is to certify that this map complies with the requirements of the City of Apache Junction; and that this land split map is hereby approved on this__day of__, 20__.
Development Services Director"
(H) Evaluation criteria. The Development Services Director or his or her designee and the City Council (in the case of an appeal), in evaluating and making decisions on land split proposals, shall consider the following criteria:
(1) The land split proposal's consistency with the city's General Plan;
(2) The proposal's conformity to the city's Zoning Ordinance;
(4) The proposal's conformity with the city's Street Classification Plan;
(5) The proposal's lot size and design in respect to the site's topography;
(6) The identification of any setback problems with respect to any existing development on the property and the new lot boundaries to be created;
(7) A determination from the title information and lot/street design that a subdivision is not being created;
(8) That the signatures on the land split map have been affixed with India ink, or similar permanent ink, and other requirements for recordation are complied with; and
(9) Other pertinent criteria.
(I) Decision. The Development Services Director or his or her designee shall render a decision on the proposed land split. If approved, then 1 finalized Mylar land split map shall be submitted to the Development Services Director or his or her designee for final signature and recordation, and a copy of the recorded land split shall be sent to the applicant. If the proposed land split is denied, a notice of the decision shall be sent to the applicant advising him or her that he or she may appeal the decision of the Director or his or her designee to the City Council. If approved, the applicant shall submit the following:
(1) A final, recordable, reproducible, Mylar map 18 inches x 24 inches consistent with the approved land split map;
(2) The format for recording shall meet all requirements of the County Recorder's office;
(3) Once approved by the city, the city shall record the land split map with the County Recorder's office within 60 days of approval. The original Mylar of the recorded land split map shall become the property of the city;
(4) Within 1 year of land split map approval, the owner/applicant shall record deeds for the new lots and shall utilize the approved legal descriptions for the newly created lots, as transcribed on the approved land split map; and
(5) Owner/applicant shall provide the Planning Division with copies of the recorded deeds within 1 year. Failure to record the new deeds within 1 year of approval shall render the approved land split null and void.
(J) Appeal. An appeal of the Director's decision must be filed, in writing, with the City Clerk's office within 30 days of the date of decision. The Council shall consider the appeal no earlier than 14 days nor later than 45 days from the date of the filing of the appeal.
(Ord. 1503, passed - -2021)