A.   Creation of a PAD overlay district shall be considered and treated as a change in zoning and shall be subject to the procedures required for changes in zoning, including citizen review, public hearing by the Planning Commission and approval by the Town Council.
B.   Development plan requirements.
1.   Development plan. A PAD application and approval shall include a development plan consisting, at a minimum, of a site plan showing the locations of buildings and street layout plans. Where a modification of the underlying zoning regulations related to building setbacks, height, design, open space or other site regulation is requested, the applicant shall provide building elevations, building heights, design guidelines, residential lot layout, and any additional information relevant to the request and as determined by the Planning Department.
2.   Use and development of the property located within the PAD overlay district shall substantially conform to the development plan which shall be approved by the Town Council as an exhibit to the PAD overlay district zoning ordinance.
C.   Zoning conditions. The Planning Commission may recommend and the Town Council may impose conditions of approval including, but not limited to, the following:
1.   Timing or phasing of development;
2.   Off-site improvements to mitigate the impacts of the proposed development;
3.   Development standards;
4.   Design guidelines;
5.   Conditions of use;
6.   Dedication of land for public purposes;
7.   Dedication to the Town of parcels or rights-of-way for use as streets, alleys, drainage and public utilities as are reasonably required by or related to the effect of the rezoning;
8.   Dedication of easements for public use as trails and open space areas;
9.   Establishment by the developer of a homeowners or property owners association to ensure continued maintenance and ownership of open space and landscaped areas within the PAD overlay district; and
10.   Reservation of land for future public acquisition.
D.   The Planning Commission shall hold a public hearing on the PAD overlay district and rezoning request pursuant to the requirements of the Unified Development Ordinance and Arizona State Law.
E.   After the public hearing, the Planning Commission shall make a written recommendation to the Town Council that the Council approve, approve with modifications and/or conditions, or deny the proposed change in zoning and creation of a PAD overlay district. The recommendation shall include the reasons for the recommendation and shall be transmitted to the Town Council in such form and manner as may be specified by the Council.
F.   The Planning Commission shall recommend approval only after making the following findings:
1.   That the rezoning as proposed or modified is consistent with and conforms to the General Plan; and
2.   That all properties within the proposed PAD overlay district will have adequate access to public or private streets appropriate to their use.
G.   The Council may approve the rezoning and creation of a PAD overlay district without a public hearing if there is no objection, request for a public hearing, or other protest. If an objection, request for a public hearing or other protest is received, the Council shall hold a public hearing. The Council may adopt the recommendations of the Planning Commission or it may approve with modifications or deny the requested change in zoning and pad overlay district.
H.   Amendments to the PAD overlay zoning district. Amendments to a PAD overlay zoning district are changes in zoning and shall be treated as such for all purposes including but not limited to submission of applications, fees, public notice requirements, citizen review, public hearings, Planning Commission recommendation and approval by the Town Council.
I.   Modifications to the approved development plan.
1.   Notwithstanding subsection H., above, the following modifications to the approved development plan are not considered to be amendments to the PAD and may be administratively approved by the Development Services Director upon submission of a complete application and if, in the discretion of the Development Services Director, the modifications are consistent with the approved development plan, the purposes of the PAD, and are the minimum required to implement the purposes of the UDO and improve the quality of development:
a.   Less than ten (10) percent change in the number of square feet of a building or number of units permitted to be developed; or
b.   Less than ten (10) percent change in building height or permitted number of stories; or
c.   Rearrangement of the proposed structures as long as there is no change in height, square feet, or number of units to be developed; or
d.   Less than 10% increase or decrease in setback or open space requirements within the PAD.
2.   Appeals from decisions of the Development Services Director pursuant to this section shall be heard by the Planning Commission at a public hearing after notice, as set forth above for changes in zoning.
(Ord. 14-786, passed 7-22-2014; Ord. 2020-885, passed 9-8-2020)