(a)
Purpose.
The purpose of an adequate facilities plan is to assure that specific development and subdivisions, as described in subsection (b), below, are served with adequate, streets, water service, wastewater services, drainage (stormwater) and flood control, parks, and other facilities for each phase of the subdivision or development. An AFP shall delineate the sequence and timing of development within a proposed subdivision or development, where the tract to be developed is relatively large, will be developed in phases, or is part of a larger parcel of land owned by the applicant, to determine compliance with the comprehensive plan and the availability and capacity of public improvements needed to serve the development, both now and into the future.
(b)
Applicability.
An adequate facilities plan shall be required for any of the following proposed subdivisions and developments:
(1)
Any division or development of land where proposed development of the tract is to occur in phases;
(2)
Any division that creates a remainder tract;
(3)
A proposed residential subdivision containing 25 or more residential units or lots; or
(4)
A proposed nonresidential development or subdivision of 1 or more acres.
(c)
Remainder tracts.
(1)
Remainder tracts will not be considered lots or tracts of the subdivision. A plan for the future development or subdivision of remainder tracts will be reviewed with the application for adequate facilities plan. The city engineer may require an adjustment in the number of acres included in the subdivision or development plat to comply with the standards applicable to the plat or plan. All remainder tracts must have independent access separate from the access available to the parent tract or subdivision. If the remainder tract does not have independent access the tract must be included in the subdivision or development plat of the parent tract.
(2)
The city shall not accept a subdivision or plat application for a remainder tract for filing until a final plat has been approved for the first phase of the parent tract.
(3)
A remainder tract shall not be an undevelopable lot or tract and must have access to a public street.
(d)
Submittal requirements.
An application for an adequate facilities plan shall be submitted to the city administrator. The application for the AFP shall include the following information and documentation:
(1)
A copy of all required pre-authorizations set forth in subsection 9.03.032(b) [9.03.032(a)];
(2)
Names and addresses of the subdivider(s), record owner(s), land planner, engineer, or surveyor, when applicable;
(3)
Proposed name of the subdivision/development;
(4)
Location in relation to the rest of the city and boundaries of proposed subdivision;
(5)
A schematic layout of the entire property to be subdivided/developed, including any remainder tracts, and the property's relationship to adjacent property and existing adjoining developments;
(6)
Designation of each phase of development within the subdivision/development, the order of development, and a proposed schedule for the development of each phase of the development;
(7)
Proposed major categories of land use for each phase, showing existing and proposed zoning, if applicable;
(8)
Proposed and existing arterials and collector streets to serve the land to be platted consistent with the thoroughfare plan, if adopted by the city;
(9)
Location of proposed sites for parks, schools, and other public uses as consistent with those required by the comprehensive plan, as applicable;
(10)
Location of significant natural drainage features including drainage courses and other natural areas;
(11)
Location of significant man-made features such as streets, buildings, utilities, or other physical structures;
(12)
Proposed dedication of land, including rights-of-way, for the construction and placement of public improvements, whether on-site or off-site, intended to serve each proposed phase of the subdivision, such as streets, utilities, and drainage facilities;
(13)
A detailed statement of how the proposed development/subdivision will be served by water, wastewater, roadway, and drainage facilities that have adequate capacity to serve the development;
(15)
Any other requirements promulgated in writing by the administrator and city engineer.
(e)
Decision by city engineer.
(1)
The city engineer is the responsible official for processing an adequate facility plan. The procedures in section 9.03.032 apply to an AFP submitted for approval.
(2)
The city engineer, in consultation with the administrator, shall approve, approve with conditions, or disapprove the adequate facilities plan based on the criteria for approval in subsection (g), below. In addition to other conditions, approval of the AFP may be conditioned on exclusion of land from the AFP, adjustments in the proposed sequence, or timing in the phases of the development. If approved with conditions, the city engineer shall specify whether such conditions must be met at the time of preliminary plat or construction plans approval.
(f)
Appeal.
An applicant may appeal the city engineer's disapproval of the adequate facilities plan to the council within 10 days following notification thereof. The appeal shall state with specificity why the AFP should be approved. The council shall approve, approve with conditions or disapprove the AFP in accordance with the criteria in subsection (g), below. Such conditions may address but are not limited to matters involving conformity with the city's zoning code (see article 9.02 of the city's Code of Ordinances), the availability and capacity of public improvements, or the phasing of development. The council may require that a utility plan, drainage study, or traffic impact analysis that supports the subdivision be prepared as a condition of approval or reason for disapproval. In addition to other conditions, approval of the adequate facilities plan may be conditioned on exclusion of land from the AFP, or adjustments in the proposed sequence or timing in the phases of the development. The commission shall specify whether any conditions to approval must be met at the time of preliminary plat or construction plans approval.
(g)
Criteria for approval.
The following criteria apply to determine whether an adequate facilities plan shall be approved, approved with conditions, or disapproved:
(1)
The AFP is consistent with all existing or proposed zoning requirements for the property and any approved development or annexation agreements;
(2)
The proposed provision and configuration of streets, water, wastewater, drainage (stormwater), sidewalk, and park facilities generally conform to the master plans for such improvements;
(3)
The streets, water, wastewater, drainage (stormwater), and park facilities serving the development have adequate capacity to accommodate the demands for services created by each phase of the development in accordance with the standards in division 4 of this article;
(4)
A required TIA, drainage study, and/or utility plan has been properly prepared and supports the adequacy of such facilities to serve the proposed development;
(5)
The schedule of development for phased development/subdivisions is feasible and prudent and supports the development schedule;
(6)
The location, size, and sequence of the phases of development proposed assure orderly and efficient development of the land subject to the plat;
(7)
Where the proposed development is located in whole or in part within the ETJ and if subject to an interlocal agreement with the county pursuant to state law, the proposed AFP meets any county standards to be applied pursuant to the agreement.
(h)
Effect of approval.
Approval of an adequate facilities plan authorizes an applicant to submit for approval of a preliminary plat for one or more phases of the subdivision. However, approval of the AFP does not reserve any type of utility capacity for the development. Infrastructure capacity may be reserved through the approval of the construction plans.
(i)
Expiration and extension.
(1)
Time of expiration.
An adequate facilities plan that is approved, or approved with conditions, is valid for 2 years from date of such approval, but automatically expires without notice if the subdivider/developer fails to receive approval, or conditional approval, for a preliminary plat/development plat, as applicable, by such date. Failure to meet said platting deadline will result in the expiration of the AFP for that and any subsequent phases of the development. In addition, where an approved preliminary plat/development plat expires pursuant to section 9.03.062, the AFP for that phase shall expire and for all other phases for which a preliminary plat, development plat, or final plat has not been approved, is not pending for approval, or no longer remains in effect.
(2)
Extension.
The expiration date for any phase of the development may be extended by the council for a period of not more than 1 year provided that a request for extension is made in writing by the subdivider at least 30 days before the expiration date of the AFP. Extension of the expiration date for the phase extends the expiration date for the AFP for a like period, including a requirement that one or more current development standards be applied to subsequent subdivision/plat applications within the area subject to the AFP.
(Ordinance 2023-1127-01, sec. 10-30, adopted 11/27/2023)