(A) Generally. Any development proposal which meets the requirements of § 154.065 shall be reviewed according to the provisions of this section. All P.A.D. applications shall be reviewed and approved by the Planning and Zoning Commission and City Council prior to any physical development on the subject property.
(B) Application.
(1) The applicant is encouraged to meet with appropriate city staff prior to making application for P.A.D. approval to discuss the development concept, the review and approval process, and the submittal requirements.
(2) The applicant shall obtain the necessary application forms from the Zoning Administrator. Application forms shall be properly completed and submitted to the Zoning Administrator. Concept plan exhibits shall accompany the application. The concept plan shall be submitted at least seven days prior to meeting with city staff.
(C) Concept plan submittal requirements. The concept plan shall indicate proposed land uses, general circulation patterns, property boundaries, existing land uses on adjacent properties, special site conditions or problems. A computation table showing proposed land use allocations in acres and percent of total site area shall be included on the concept plan.
(D) Preliminary development plan.
(1) Submittal requirements. Based upon comments received regarding the concept plan, the applicant shall prepare a preliminary development plan. The following information shall be submitted to the Zoning Administrator:
(a) Legal description of property and indication of gross area;
(b) Nature of the applicant’s interest in the land to be developed;
(c) A generalized location map showing surrounding land use and traffic circulation patterns;
(d) Site conditions: an analysis of the existing site conditions which indicates at a minimum:
1. Topographic contours with intervals of no more than two feet, to a distance of 1,900 feet beyond the property boundary;
2. Location and extent of major vegetative cover (if any);
3. Location and extent of perennial or intermittent streams and water ponding areas;
4. Existing drainage patterns; and
5. Other information considered relevant by the applicant or city staff.
(e) Proposed allocations of land use expressed as a percentage of the total area, as well as in acres. Uses to be indicated include:
1. Arterial streets;
2. Open space (public);
3. Open space (private);
4. Residential (if appropriate);
5. A stratification of residential uses in terms of single-family detached units, patio homes, townhouses, garden apartments, and the like;
6. Commercial (if appropriate); and
7. Industrial (if appropriate).
(f) A land use plan at a scale not smaller than one inch equals 100 feet, indicating land uses, acres, and development densities of each land use and the most nearly equivalent zoning categories; all arterial and collector street circulation elements, pedestrian and/or bicycle circulation elements, exact perimeter locations of any/all arterial streets and major collector streets; open spaces; and recreational areas;
(g) Plans indicating the approximate alignment and sizing of water lines, sanitary sewers, and storm sewers (if any), as well as easements for all utilities, if necessary. Also indicated should be proposed surface drainage patterns;
(h) A preliminary plat of the proposed development if land subdivision is proposed;
(i) Conceptual architectural renderings indicating the elevations and exterior wall finishes of proposed building types;
(j) Conceptual landscaping plans, indicating landscaping theme character of the development;
(k) A traffic analysis report, if deemed necessary by the city; and
(l) Phasing plan, if development is to take more than one year.
(E) Planning and Zoning Commission review and hearing.
(1) Notice of hearing.
(a) The Commission shall hold a public hearing on the preliminary development plan. A notice of the time, date, place, and purpose of the hearing shall be published in a newspaper of general circulation, published or circulated within the city at least 15 days prior to the date of the hearing.
(b) A similar notice shall be mailed at least 15 days before the day of the hearing to each owner of the property situated wholly or partially within 200 feet of the property to which the P.A.D. relates. The Zoning Administrator shall be responsible for placing and mailing the notices. For purposes of giving mailed notice, the Zoning Administrator shall require the applicant to furnish the names and addresses of all property owners within 200 feet of the property.
(2) Review.
(a) In considering applications for P.A.D. approval, the Commission shall consider the following:
1. Interrelationship with the plan elements to conditions both on and off the property;
2. Conformance to the general plan guide;
3. The impact of the plan on the existing and anticipated traffic and parking conditions;
4. The adequacy of the plan with respect to land use;
5. Pedestrian and vehicular ingress and egress;
6. Architectural design;
7. Landscaping;
8. Provisions for utilities;
9. Site drainage;
10. Open space and/or public land dedications;
11. Grading; and
12. Other related matters.
(b) The Commission shall consider oral or written statements from the applicant, the public, city staff, or its own members. It may question the applicant and approve, disapprove, or table the preliminary development plan. The application may not be tabled for more than two regular meetings of the Commission.
(c) If the Commission shall determine by motion that the proposed preliminary development plan will not be detrimental to the health, safety, or welfare of the community, will not cause traffic congestion or depreciate surrounding property values and, at the same time, is in harmony with the purposes and intent of this chapter, the plan for the area, and the general plan, the Commission may recommend granting preliminary development plan approval, along with necessary conditions and safeguards, including provisions, as applicable, for public land dedications.
(d) The Commission shall notify the City Council, in writing, of its recommendation.
(F) City Council consideration and hearing.
(1) Consideration and hearing.
(a) The City Council, after receipt of the report and recommendation of the Planning and Zoning Commission, may consider the P.A.D. request. If requested in writing by any member of the public or the City Council, the Council shall hold a public hearing on the request. A notice of the time, date, place, and purpose of the hearing shall be published in the official newspaper of the city at least 15 days prior to the date of the hearing.
(b) A preliminary development plan which has been recommended for denial by the Commission shall not be reviewed by the Council except upon written request by the applicant and shall require a public hearing.
(2) Review and approval.
(a) In its deliberations on the preliminary development plan, the Council shall consider oral or written statements from the applicant, city staff, the public, and its own members. The Council’s review shall encompass the same spectrum of considerations as did the Commission’s. The City Council may approve the preliminary development plan, deny the request, or table the request. The application may not be tabled for more than two meetings in succession.
(b) Conditions may be applied to the approval and/or periodic review of the approval may be required. Approvals, if granted, shall be for a particular development, not for a particular applicant.
(G) Public protests against P.A.D. If there is written protest against the preliminary development plan signed by the owners of 20% or more of the property within 150 feet of the proposed P.A.D., the preliminary development plan shall not be approved except upon the affirmative vote of three-fourths of all members of the City Council. If the above protest requirements are not met, approval may be by majority vote of the membership of the City Council.
(H) Duration of P.A.D. zoning.
(1) Approval of a P.A.D. rezoning request shall be conditioned upon the start of construction beginning within one year of the date of approval action taken by the City Council. If, at the expiration of this period, the start of construction has not begun, the property shall revert to its former zoning classification without Council or Commission action.
(2) In the case of a proposed phased development, start of construction for the first phase must commence within one year, with the remaining phases commencing according to the approved phasing plan.
(3) The city may authorize extensions when deemed necessary.
(I) Final development plan.
(1) Approval. Final P.A.D. development plan approval and the issuance of a development permit for any portion of a P.A.D. shall occur only when:
(a) A reproducible copy of the approved preliminary development plan with appropriate signatures has been supplied to the Community Development Department;
(b) The design and construction specifications for all utilities, property, and street improvements have been approved by the City Engineer;
(c) A site plan, subject to the requirements of § 154.156, for the specific portion of the P.A.D. in question has been submitted and has been approved by the Planning and Zoning Commission, as in conformance with the preliminary development plan. (Upon approval of the site plan, a reproducible copy shall be submitted);
(d) Architectural elevations of the buildings, with materials lists, are submitted and approved by the Planning and Zoning Commission;
(e) A landscaping plan is submitted and approved by the Planning and Zoning Commission;
(f) A performance bond, cash escrow agreement, or other acceptable instrument has been deposited with the city in an amount as set by the City Council based upon the City Engineer’s recommendation. This financial guarantee shall be used to ensure the full completion, as specified, of:
1. Public and private streets and utilities;
2. Landscaping; and
3. Publicly- and privately-owned and maintained recreational facilities;
(g) Any land dedication agreements made as part of the preliminary development plan approval are fulfilled.
(2) Platting requirements. All applicants for a planned area development permit shall be required to file with Maricopa County a final plat of the planned area development complying with all of the requirements of the subdivision ordinance of the city except to the extent that the Council may give specific permission to the effect that specific portions of the subdivision ordinance need not be complied with. The required plats shall contain on their face a cross-reference to the P.A.D. development plan.
(J) Method of withdrawing an application for P.A.D. approval. Any application for a planned area development permit may be withdrawn by the applicant at any time prior to filing the final plat upon written notification to the Zoning Administrator and/or City Clerk. The P.A.D. shall be null and void upon receipt of the notice by the city.
(K) Amendments to P.A.D. approval.
(1) Minor changes. Minor changes in the location and placement of buildings may be authorized by the Zoning Administrator and City Engineer where unforeseen circumstances such as engineering requirements, dictate the change. When in question, the Zoning Administrator and the City Engineer may determine whether the changes shall be classified as a minor or major, or may refer the question to the Planning and Zoning Commission, if they deem it necessary.
(2) Major changes. Major changes, such as alterations in structural types, in the shapes and arrangements of lots and blocks, in the allocation of open space or other land uses which increase density and/or intensity of the project, and all other changes which significantly affect the overall design or intent of the project shall be referred to the Planning and Zoning Commission, after which the Council shall consider and shall either approve or deny the changes in the final development plan. If the changes are authorized, the developer shall submit a revised plan showing the authorized changes. Requirements of divisions (D) and (E) above shall apply to requests for major changes.
(L) Denial of P.A.D. approval. If an application for planned area development approval is denied at either the preliminary development plan or final development plan stage, a new application for a P.A.D. approval by the same applicant on the same site or portion of the site cannot be filed prior to 90 days after the date of denial.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)