(A) Purpose. The purpose of the PUD district is intended to accommodate, encourage and promote developments with innovative design involving residential and nonresidential land uses, which together form an attractive, harmonious unit in the community. Such a planned unit development may be designed as a large-scale separate entity, able to function as an individual community or neighborhood, as a small-scale project which requires flexibility because of unique circumstances or design characteristics or as a transitional area between dissimilar land uses. The planned unit development, if so specified at the time of zoning approval, may include standards or criteria that differ from those regulations pertaining to other districts when warranted by circumstances such as but not limited to, alternative residential lot design, innovative architectural or subdivision design features, retirement housing, in-fill development involving a small or irregularly shaped parcel or other circumstances found by the town through the PUD approval to merit departure from the regulations pertaining to other districts. The PUD may be used either as an overlay district to provide flexibility in an otherwise established land use district, or it can be used as an independent district. This district, which may only be developed in accordance with an approved development plan is further established to provide both the developer and the town with reasonable assurances that specific, proposed uses, intensities and phasing are consistent with the adopted general plan.
(B) General applicability. The provisions of this Development Code shall apply to all planned unit development documents and any additional or supplemental information that is deemed necessary by the Planning Director, or designee, to meet the following objectives: to accommodate variations in building design, lot arrangements and land uses for a maximum choice in the types of environments for residential, commercial, industrial uses and facilities, to provide for a coordinated and compatibly arranged variety of land uses with efficient and safe traffic circulation, including the separation of pedestrian from vehicular traffic through innovative site planning, to maintain quality of living excellence with the provision of usable open space standards to minimize adverse environmental impact on surrounding areas and, to assist in fulfilling the goals, objectives and policies of the town’s general plan and amendments thereto.
(C) Permitted uses. All uses permitted within the PUD district are determined by the underlying zoning district, or by an approved development plan for the site. In the development of a balanced community, a variety of housing within one project shall be deemed most in keeping with the objectives of this Development Code. All other uses shall be determined by the compatibility of the uses with each other as well as with surrounding land uses and shall conform to policies established in the town’s general plan.
(D) Density and intensity. Densities and intensities permitted in the PUD district shall conform with the town’s general plan except as to portions of the PUD specifically covered by a plan of development, development agreement, standards or stipulations adopted prior to June 19, 2006.
(E) Procedures. A PUD proposal shall be submitted to the Planning Director in the form of a preliminary development plan consisting of a graphic layout with accompanying narrative. For small-scale or single phase projects, the PUD shall be filed as a zoning application and be reviewed and considered for approval in conjunction with the Committee, Planning and Zoning Commission and Town Council procedures. For large, multi-phase projects, the zoning application may be filed as a conceptual preliminary plan with sufficient description and documentation to identify the nature, mix and general arrangement, density, open space and quality of the project, which may be approved upon review by the Committee, Planning and Zoning Commission and Town Council.
(F) Pre-application meeting. A pre-application meeting shall be held between the owner or owner’s representative(s) and the town. Formal application shall then be submitted to the Planning and Zoning Department, at which time the application shall be forwarded to the Committee for review and recommendation to the Planning and Zoning Commission at a public hearing, in accordance with § 150.019. The Planning and Zoning Commission shall hear the case and forward its recommendation to the Council. Within two years of preliminary PUD approval, the applicant shall submit the final PUD to the Planning Commission. The Commission’s recommendations on the final development plan shall be referred to the Town Council for review and approval. Failure to initiate and complete all improvements within the time limits stipulated as part of the final PUD approval shall be cause for the Council to rescind the re-zoning, unless extension of time is granted by the Council.
(G) Preliminary application. A preliminary PUD (showing general land use concepts, but not requiring lotting plans at this stage) shall be submitted to and reviewed by the Planning Director, or designee, for consistency with town codes, policies and plans and shall indicate the following:
(1) Locational information including an area map showing adjacent property ownership and existing uses within 300 feet of the parcel, and a legal description of the metes and bounds of the parcel;
(2) Physical constraints to the site’s development: existing topographical features, including any portions of the site that are subject to flooding (indicating the extent and frequency, retention areas, calculations and maintenance responsibility), proposed roadway or major utility line extensions which may impact development and areas within aircraft approach and holding patterns and the other impediments to the property’s use and improvement as may be present or planned for the future;
(3) Proposed site development addressing the location and nature of the various uses and their areas in acres (summarizing land use areas, total number of dwelling units and approximate percentage allocation by dwelling type, calculation of the residential density in dwelling units per gross acre as defined in the general plan;
(4) The proposed circulation system, including any improvements (public or private) needed to accommodate additional traffic;
(5) The open space system (including a general statement regarding ownership and maintenance) with indication of responsiveness to general plan recreation and/or open space and perimeter treatments;
(6) Relationship of the project to surrounding land uses; and
(7) Evidence of proposed land use compatibility with existing and projected community requirements, with the goals of the general plan.
(H) Preliminary review. The preliminary PUD shall be reviewed by the Town Planning Department with staff comments forwarded to the Committee as well as any other agencies deemed appropriate by the Department. The Department shall compile and forward written comments within 30 days.
(I) Waiver. The Planning Director or designee, in writing, may waive any of the above required information which is not applicable or require additional information when necessary to clarify any aspect of the project or its potential impacts on the community.
(J) Committee review. The Committee shall conduct a meeting to review and make a recommendation to the Planning and Zoning Commission of the findings.
(K) Planning and Zoning Commission review. Thereafter, the Planning and Zoning Commission shall conduct a public hearing on the preliminary PUD and transmit recommendations to the Town Council for review.
(L) Town Council review. The Town Council may adopt the recommendations of Planning and Zoning Commission without holding a second public hearing if there is no objection, request for public hearing or protest pursuant to A.R.S. § 9-462.04(D). The Council shall hold a public hearing if requested by the applicant, any person appearing in opposition at the Commission hearing or who has filed a written protest, or any member of the Town Council.
(M) Town Council approval. The Town Council may approve a PUD only upon finding that the proposal meets the intent, objectives and general requirements of the PUD district and is in conformance with the town general plan, amendments thereto and all pertinent codes and policies.
(1) Conditions. The Council may, as necessary, attach conditions to PUD approval, which may include but are not limited to the following considerations: intensities and densities, use limitations, landscaping, screen planting, setback and height of buildings, paving, location of drives and parking areas, storm drainage and storm water retention, public and/or private open space, shape and size of lots, grouping and uses of buildings, maintenance of grounds, regulation of signs, fences and walls, adequacy of vehicle and pedestrian circulation and access, timing and phasing, elevations and architectural theme or any other reasonable considerations the Council finds germane to maintain community character and neighborhood quality.
(2) Approval time limit. Unless otherwise specified by Council approval, the preliminary PUD shall be submitted, in its entirety or for initial development phases, for preliminary plat approval within two years from Council adoption.
(N) Final approval. Final PUD review and approval, may be processed simultaneously with preliminary plat review. The plans required under this Development Code may be submitted in a form which satisfies the requirements of the subdivision regulations for final plat approval if submitted at the same time. Portions of the PUD which are intended for development at later stages, one year or more from the date of approval, shall not be required to show precise lot or site dimensions but shall be individually processed prior to the issuance of development permits. The applicant shall submit 25 copies of the final development plan, not less than 11 inches by 17 inches in dimension, and one color transparency to the Planning and Zoning Department containing the following information, unless specifically provided otherwise:
(1) All information required on the preliminary development plan as revised in response to preliminary plan approval, with plans showing location and type of all improvements including schematic grading plans with proposed treatment of sloped retention areas and the following explanatory, supporting details:
(a) Introduced by a statement of intended design philosophy and environmental quality (text, graphics or photographic examples), traffic analysis, including interior roadways, typical development envelopes for residential uses and building arrangements for recreational, employment, commercial or institutional uses;
(b) Standards including demand and capacity analyses for municipal systems such as transportation, water supply, sewage disposal and other community facilities, such as schools, public safety, cultural and social services (such as libraries or multi-generational activity centers);
(c) If the development is to be phased, a general indication, with chronology of the intended total project’s staging and, if applicable, a list of development standards from which departure is requested stating justifications for each in terms of increased environmental quality; and
(d) Plans and elevations indicating a variety of building types, materials, colors and the number of dwelling units by type with estimated school enrollment to be generated for all portions of the PUD to be constructed pursuant to this review and, for subsequent phases, the timing of development in numerical order, if applicable.
(2) The PUD shall meet all applicable standards of design and construction required by pertinent town codes and policies unless modifications are accepted by the Planning Director or Town Council, whichever is applicable.
(3) All portions of the PUD, whether under development or reserved for future phases shall be maintained free and clear of weeds and debris with posted signs prohibiting dumping of waste, scrap or fill material of any type.
(4) The developer shall submit and the Planning Director shall make a part of the case file record statements regarding any and all approved deviations from the provisions of this Development Code.
(O) Zoning map. Upon Town Council approval, the PUD zoning shall be, by ordinance, reflected on the town zoning map.
(P) Town Engineer approval. The Town Engineer’s approval of conceptual water, sewer and drainage master plans shall be obtained as a condition of development.
(Q) Development standards. The development plan shall respond to the following requirements:
(1) Flexible development. Quality land improvement, consistent with the town general plan, is required of developers in exchange for the applicant’s alternative proposals for meeting or exceeding standards of the underlying zoning district (or comparable district); and
(2) Alternative development methods. The alternative development methods may be expressly stipulated in the final development plan.
(R) Density and/or intensity. Specific dwelling unit yields may be proposed for individual parcels and development units, notwithstanding otherwise applicable standards, so long as they are consistent with the principles of the general plan.
(S) Minimum lot area. Single-family residential developments may propose lotting arrangements with a portion of the site in parcels with less than the otherwise applicable minimum lot area of 6,000 square feet, in consideration of the following criteria as well as other justifications which the applicant may provide:
(1) Mixed housing types including multi-family units with attention to shelter affordability;
(2) Additional useable open space being provided;
(3) Compact residential lots are proximate to employment or freeway interchange or create a desirable housing market, such as attracting active retirees;
(4) Lots with areas less than 6,000 square feet are internal to the development or are adjacent to nonresidential uses; and/or
(5) Illustrations of the proposed street scene where garages are not dominating, porches are provided and the like.
(T) Property improvement specifications. Unless otherwise requested, approved and specified on the final development plan, improvements to individual lots or sites shall conform with the standards set forth in the zoning district tables for the district most nearly approximating proposed uses and intensities of use.
(1) Joint use parking facilities, including appropriately buffered and screened recreational vehicle, automotive maintenance and washing areas, may be proposed in accordance with § 150.155.
(2) Parking spaces shall be designated for parks and recreation areas.
(3) Separate, designated spaces shall be provided for temporary model home sales or rental offices.
(U) Signage. Comprehensive signage packages shall be proposed to identify and provide entry monumentation, street signs and common area information, including monument signs for freestanding nonresidential uses and directory signage for retail, office or industrial park centers.
(V) Other improvements. Off-site installation of municipal system extensions, including streets, sidewalks, pathways, drainage facilities, water, sewer and private provider utility trenching and sub-station facilities necessary to serve the development may be master planned in compliance with town engineering specifications or with attenuation methods and materials approved by the Public Works Director or designee.
(W) Open space. Allotments of required percentages of the gross site area in improved or preserved open space to be maintained shall be specified in the final development plan. Desert or agricultural lands, portions of natural washes, stormwater retention areas, golf courses and lineal pathway and/or trail corridors may be accepted as appropriate to the development. Minimum open space shall be provided, based on the following average lot sizes:
(1) Open space requirements:
Average Lot Size | Minimum Open Space |
Less than 6,000 square feet | 15% |
6,000-10,000 square feet | 10% |
10,001-18,000 square feet | 5% |
18,001 plus square feet | No minimum |
(2) Common open space useable for recreation or leisure purposes shall constitute not less than 75% of residential development’s open space requirements in development units where the number of multi-family units and average lot size of 6,000 square feet in gross area or less represents the majority of dwelling units. Percentages for larger lot development units or nonresidential parcels shall be specified in the final development plan. Peripheral landscape tracts are required along arterial roadways and the outer edges of planned development units. Tract widths, wall treatments and improvements such as pathways or street furniture shall be specified on the final development plan. Tracts 35 feet or greater in width may abut lots with 2-story dwellings.
(X) Amenity expectations. Development plans shall specifically address and provide positive response in terms of land improvement enrichments for the benefit of residents, businesses, visitors and the entire community, including, but not limited to, the following:
(1) Residential neighborhoods. Safety, spaciousness, attractive appearance, streetscape, recreation, outdoor enjoyment, residential privacy and compatibility among land uses and housing types are among considerations to which development plans shall respond.
(3) Facilities. Housing areas are expected to provide and maintain amenities to enhance neighborhood livability and sustain-ability for residents of all ages.
(4) Recreational facilities. Each dwelling should be located within 1,000 feet of the nearest common open space or within 500 feet of a pathway linkage (sidewalk and/or bike path) to the facilities.
(5) Drainage structures. Open, flow-conducting swales, retention or detention basins, which may be coordinated with areas credited toward open space requirements, should be engineered to prevent safety hazard or creation of attractive nuisance.
(6) Community integration. Neighborhood design contributes to town-wide enhancements as well as features that provide residential diversity and linkages among neighborhoods.
(7) Pathways. Bicycle and pedestrian connections to schools, parks, shopping and other neighborhood activity centers should be conveniently accessible from all dwellings.
(8) Neighborhood identity. Entry monumentation, banners, public art, variations in lighting fixtures or street furniture help to distinguish neighborhood units.
(9) Residential safety. Pedestrian and security lighting, non-access landscaping varieties, traffic visibility, elimination of lurking areas and public safety and/or emergency accessibility should be addressed.
(10) Commercial, employment or institutional uses. Safety, reduction of traffic congestion, architectural excellence, compatible signage, landscaping and/or street furniture treatments in peripheral tracts and parking lots, integration of impacts on other properties in the vicinity are among considerations to which development plans shall respond.
(12) Facilities. Community benefitting spaces, fixtures and conveniences should be installed and maintained in accessible, secure locations.
(13) Activity centers. Gathering places (including performance sites, outdoor dining, recreation or relaxation areas) may be provided for customers, business invitees, employees and residential neighbors’ use at appropriate times.
(14) Joint use facilities. Parking, playing fields, restrooms, drinking fountains, plazas, walkways and other facilities may be installed and maintained for community use.
(15) Transportation amenities. Bicycle and pedestrian convenience should be stressed, with consideration of bus stop improvements, park-and-ride lots, employee shuttle services and the like.
(16) Community integration. Non-residential development should seek to relate, both visually and functionally, with its surrounding neighborhood.
(17) Open space connection. Recreation space and multi-purpose pathways are employed as means to allow employees or customers from the adjacent neighborhood to access shopping or jobs and interact with business people.
(18) Transitional buffering. Separation distance, landscaping, walls or joint-use areas are provided to protect residential privacy and soften the impacts and edges between nonresidential and housing areas.
(19) Impact mitigation. Noise, glare, dust and industrial emissions should be abated to acceptable residential levels at residential property lines. Exposure to hazardous materials of any type is prohibited outside of enclosed, controlled-environment structures.
(Prior Code, Ch. 4, Art. III, § 4-57) (Ord. 432-06, passed 6-19-2006; Ord. 584-12, passed 10-1-2012)