By Jennifer Hall, Rose Law Group senior planner
During last Thursday’s Pinal County Planning and Zoning Commission Hearing (10/15/15), one of the planning manager discussion items was the administrative review of tentative plat extensions. According to the existing Development Services Code, tentative plats must go before the planning commission for action (Sec. 3.15.050(G) and (H)) and are valid for one year. A one-time, one year extension may be granted at the discretion of the planning director, if you are actively processing your final plat (Sec. 3.15.100) and if, in the opinion of the planning director, there has been no change in conditions within or adjoining the tentative plat that would warrant a revision in the design of the original tentative plat.
For some time now, time extensions for tentative plats have been granted by the Pinal County Planning and Zoning Commission. The commission has even granted extensions for more than one year, occasionally two or even three years. The planning department discussed with the commission the current code requirements for administrative review of these extension requests. The commission will still approve/deny the initial tentative plat applications. However, the planning director will begin to review/grant/deny the time extension requests. A planning director decision is appealable to the Pinal County Board of Supervisors. The commission commented it would like staff to modify the commission’s hearing agenda in the future to include a tentative plat summary to keep the commission updated on these types of requests.
Staff emphasized that only one, one-year time extension may only be granted by the planning director. Should an applicant require additional time, they will be required by code to submit a new tentative plat application.
3.15.100 Conditional approval effective one year – Extensions
Conditional approval of the tentative plat is valid for a period of one year from the date of conditional approval by the commission. If the final plat is not submitted to the county within that period, the conditional approval of the tentative plat shall expire. The subdivider shall then be required to file a new tentative plat subject to the current subdivision regulations and other applicable county ordinances and regulations. Prior to expiration and upon written request for extension by the subdivider filed with the planning director, conditional approval of the tentative plat may be extended for an additional period not to exceed 12 months. Such an extension may be granted by the planning director if the subdivider is actively processing the final plat and if, in the opinion of the planning director, there has been no change in conditions within or adjoining the tentative plat that would warrant a revision in the design of the original tentative plat. The total conditional approval time period, including an extension, shall not exceed two years from the original date of conditional approval by the commission. [Ord. 120606-SR § 310].
3.15.050 Tentative Plat
- Commission Meeting. The planning director shall prepare a comprehensive report, including comments and stipulations from the subdivision coordinating committee, and reviewing departments and agencies, for presentation to the commission. The planning director shall submit the report and tentative plat for review and action at the commission’s next regularly scheduled meeting; provided, that at least six days’ prior notice has been given to the subdivider or his agent of the date and time of the meeting or the notice time period has been waived in writing by the subdivider or his agent. The planning director shall transmit the report and stipulations to the subdivider at least six days prior to the commission meeting. The subdivider or his agent and his engineer shall be present at the meeting.
- Commission Action.
- Findings. The commission shall hear and consider all evidence relating to the tentative plat and make findings as to the conformity of the tentative plat with these regulations. The commission may request changes to the type and extent of improvements to be made.
The commission shall consider the following criteria in conditionally approving or denying a tentative plat. The commission may consider other criteria in addition to the criteria listed below, and may deny approval of a tentative plat if conformance is not found with one or more of the following:
- Whether the proposed subdivision is consistent and in conformance with the Pinal County subdivision regulations and other applicable ordinances and regulations.
- Whether the proposed subdivision is consistent with the approved zoning or planned area development (PAD), if applicable.
- Whether the design of the proposed subdivision is suitable to the environment or causes substantial environmental damage or presents serious public health problems.
- Whether the design of the proposed subdivision is compatible with the physical features of the site including, but not limited to, natural slopes greater than 15 percent, floodplains and habitat areas.
- Whether the proposed subdivision will have adequate permanent access.
- Whether the proposed subdivision will place an unreasonable burden on the ability of the county or other local governments to provide for streets, water, sewage, fire, police, hospital, solid waste, education, housing, recreation and other services, that is not offset by improvements associated with the proposed subdivision.
- Whether the design of the proposed subdivision promotes the safety, health, and general welfare of the public.
- Action by the Commission.
- The commission may take any of the following actions on a tentative plat application:
- Continue the matter pending:
(A) Specific revisions to the tentative plat, or its supporting documentation; or
(B) The provision of additional information deemed relevant to compliance with these regulations and the findings listed herein;
- Conditionally approve the tentative plat; or
iii. Deny the tentative plat.
