18.90.020 Definitions.

A. Purpose: The purpose of this chapter is to implement A.R.S. Section 11-825 by establishing uniform criteria and procedures for the review, adoption and implementation of specific plans within the unincorporated area of Pima County, in order to:

1. Provide a bridge between the county's comprehensive plan and individual development projects;

2. Establish, in an atmosphere of mutual consent, versatile, orderly, cost effective and environmentally sound land development regulations for designated areas;

3. Be used as the preferred planning tool for the development of land within the buffer overlay zone, Chapter 18.67.

(Ord. 1988-116 § 5, 1988; Ord. 1987-64 § 1 (part), 1987)

18.90.020 Definitions.

A. Definitions: For purposes of this chapter only, the following terms shall mean:

1. Certificate of Compliance: A document signed by the planning director or designee certifying that all specific plan conditions which are prerequisites to issuance of building permits have been satisfied.

2. Specific Plan district: The area proposed or adopted for specific plan zoning.

(Ord. 2017-3 § 5 (part), 2017; Ord. 1987-64 § 1 (part), 1987)

18.90.030 Application.

A. Staff consultation: The applicant shall consult with the planning and development services department prior to application in order to review procedures and possible plan requirements.

B. Applicant: A specific plan shall be requested by filing a specific plan application with the planning department and shall be made only by:

1. The property owner(s) of the subject property; or

2. An agent for the property owner(s); or

3. Pima County, upon initiation by the planning and zoning commission.

C. Restrictions on application:

1. Consent: The written consent of one hundred percent of property owners of record within the proposed specific plan district shall be required at the time of application submittal. If proper ownership of a parcel is in question, the applicant shall be responsible for furnishing written proof of the indicated ownership and authorization for signature.

2. Configuration: The proposed specific plan district shall not create an area that is not within the plan but is surrounded by the plan boundary.

D. Submittals:

1. All specific plan applications shall include, at a minimum:

a. A completed and signed application form;

b. The tax code number and a legal description of the property;

c. A precise map showing the proposed specific plan district;

d. The written consent of all property owners within the specific plan district and a list, by name and title, of all ownership interest (e.g., individual, corporate, trust or limited partnership) in the property, in accordance with A.R.S. Section 33-506;

e. If applicable, a letter of authorization from the owner, with the owner's original or electronic signature designating an agent to represent the property owner;

f. A rezoning site analysis except the preliminary development plan is replaced with a specific plan conceptual site map done in accordance with Section 18.90.050;

g. Text elements done in accordance with Section 18.90.050;

h. Biological Impact Report.

2. Applicable specific plan fees in accordance with the adopted fees schedule.

3. Submittals shall be prepared in a format consistent with departmental policy.

E. Specific plan compliance with comprehensive plan:

1. The director of planning and development services shall determine if a specific plan application complies with the comprehensive plan, or if submitted as a Concurrent Plan amendment, it will comply with the comprehensive plan.

2. If the zoning classifications proposed in the specific plan area comply with the Pima Prospers Land Use Intensity Legend with regard to each land use intensity category and the minimum and maximum gross density limitations for the land use intensity category in which the subject property is located and the Planning Official determines that the specific plan furthers the intent of the policies of the Comprehensive Plan, including any special district plans, the specific plan application shall be determined to be in compliance with the comprehensive plan.

3. A determination as to whether or not a specific plan is in compliance with the comprehensive plan may be appealed to the commission, provided such an appeal is requested in writing within thirty working days from the date of the determination.

4. Specific plans determined to not be in compliance with the comprehensive plan shall not be set for a public hearing until the applicant has submitted, and the board has approved, an application to amend the comprehensive plan land use plan, in accordance with Section 18.89.040 or 18.89.041. If the plan amendment is approved by the board and it is subsequently determined, in accordance with this section, that the rezoning request complies with the comprehensive plan, upon request by the applicant, the specific plan shall be set for public hearing in accordance with this chapter.

5. The planning director shall notify the applicant of the determination regarding compliance with the comprehensive plan within twenty working days of submittal of a complete application.

F. Staff review coordination: The county planning and development services department shall coordinate the comments and requirements of applicable county departments and other agencies.

(Ord. 2017-3 § 5 (part), 2017; Ord 2007-41 § 3, 2007; Ord. 1998-35 § 1 (part), 1998; Ord. 1995-94 § 2 (part), 1995; Ord. 1994-114 § 5 (part), 1994; Ord. 1994-11 § 2 (part), 1994; Ord. 1992-96 § 1 (part), 1992; Ord. 1987-64 § 1 (part), 1987)

18.90.040 Plan initiation.

A. Specific plan requests are deemed to be initiated upon complete application.

B. Limitations on Application. An applicant shall have nine months from the date of submittal of an application to request a public hearing on the application. If a request is not submitted, the application shall be closed due to a lack of further action. Incomplete applications shall be closed three months after the date of submittal.

(Ord. 1994-114 § 5 (part), 1994: Ord. 1992-96 § 1 (part), 1992; Ord. 1987-64 § 1 (part), 1987)

18.90.050 Specific plan requirements.

A. Site analysis requirements:

1. A site analysis in accordance with adopted county policy is required, except that the specific plan map (refer to Section 18.90.050B1) shall be substituted for the preliminary development plan.

2. The site analysis shall become part of the adopted specific plan regulations.

B. Specific plan requirements:

1. Map elements:

a. Identification of primary land uses in accordance with the preliminary development plan requirements (refer to Section 18.91.030E);

b. Adjacent lots and structures within one hundred fifty feet of the plan boundary;

c. Open space, recreational facilities, parks, trails;

d. Public, educational, and religious facilities;

e. Drainage plan;

f. Areas affected by the hillside development overlay zone (Chapter 18.61) or other overlay zones;

g. Name, location and extent of existing or proposed major and collector streets located within the planning area or needed for servicing the project;

h. Location and extent of existing or proposed provisions for sewage disposal, effluent use, storm water drainage, solid waste disposal and public utilities.

i. Underlying land use designation when Golf Course Zone (Chapter 18.59) is used.

2. Text elements:

a. The detailed regulations and programs for the systematic implementation of the specific plan, including plan amendment procedures and regulations and density transfer limitations (refer to Section 18.90.080B);

b. Specific development standards for the map elements;

c. Hydrology analysis;

d. Standards for the phasing, construction and maintenance of major and collector streets proposed for the planning area or needed for servicing the project;

e. Standards for the phasing, construction and maintenance of sewage disposal, effluent use, storm water drainage, solid waste disposal and public utilities;

f. Standards for the conservation, development or utilization of natural resources, including surface water, soils, vegetation and wildlife;

g. The methods of conservation (if any) for scenic natural and built features and viewsheds;

h. General landscape program;

i. For single-phase plans, a draft schedule for the preservation of site features established by the plan and the construction, dedication and provision of public services;

j. For multi-phased plans;

1) A draft phasing schedule for the preservation of site features established by the plan, the development of the various master blocks of the specific plan, and the construction, dedication and provision of public services, and

2) The draft form of master assurances to be recorded prior to ordinance adoption (refer also to Section 18.90.070D5).

3. The plan text will specify how and to what extent the plan is to supplement or supersede adopted county zoning regulations. The regulations of a specific plan shall not supersede the regulations of Chapter 18.57 applicable to the Davis-Monthan airport environs, Davis-Monthan Approach-Departure Corridors, or the Davis-Monthan noise control zones.

C. Public hearing fees: Specific plan public hearing fees are required at the time of submittal of the specific plan and are payable to the county treasurer in accordance with the fees schedule adopted by county ordinance.

(Ord. 2017-3 § 5 (part), 2017; Ord. 2006-96 § 2, 2006; Ord. 1998-39 § 2, 1998; Ord. 1987-64 § 1 (part), 1987)

18.90.060 Planning and zoning commission review.

A. Staff review:

1. The applicant shall submit the specific plan and site analysis to the county planning division for review and comment.

2. The plan shall be reviewed as follows:

a. Planning staff shall review the documents and notify the applicant of their adequacy for commission public hearing and the determination regarding compliance with the comprehensive plan within thirty days of submittal.

b. If no changes have been recommended, planning staff shall schedule the plan for a public hearing. Comments on changes shall be returned within ten days of receipt of such changes.

3. When the specific plan request is scheduled for public hearing, the planning division shall prepare a report which, at a minimum:

a. Discusses and determines the extent to which the proposal is in compliance with both the land use intensity categories, Section 18.89.030(A)(1), and plan policies, Section 18.89.030(A)(2);

b. Assesses the site analysis;

c. Analyzes the expected impact of the proposed development on the site and surroundings;

d. Contains a departmental recommendation to the commission;

e. Recommends (if necessary) special regulations for the proposed specific plan;

f. Includes the comments and conditions of other affected county departments and public agencies.

g. If applicable, evaluates the conformance of the specific plan request to the performance standards of Chapter 18.67 (Buffer Overylay Zone).

4. Availability of report: The staff report shall be available for public inspection fifteen days prior to the date of commission public hearing.

B. Public review and comment:

1. In accordance with Section 18.90.040B3, except that the applicant shall provide written proof of contact and offer of meeting to the planning department at least thirty days prior to the date of public hearing by the commission.

2. At the meeting, copies of the site analysis and proposed specific plan that have been accepted for public hearing shall be available and the applicant shall describe significant deviations by the specific plan from existing regulations and the proposed density transfer mechanism.

C. Study session: A planning and zoning commission study session for review of the specific plan may be scheduled after submittal of the specific plan. At the discretion of the chair of the commission, and after proper notice, the study session may be held at the specific plan site.

D. Public notice:

1. A minimum of fifteen days prior to the hearing, the planning division shall provide notice by:

a. Publication once in a newspaper of general circulation in the county seat; and

b. Posting of the property to be considered at the hearing; and

c. Mailing written notice to all property owners within the specific plan district and all property owners within six hundred feet of the district, except that notice shall be expanded to include owners of property within one thousand feet of the district if existing zoning of the district is RH, GR-1, SR or SR-2.

2. Expansion of notice: The commission may expand the notification area to greater than six hundred feet, which shall be noticed prior to a public hearing.

3. Failure to provide written notice to, or the omission of the name of, a property owner shall not invalidate an action of the commission.

4. When the area of the specific plan district is smaller than the area defined by the property line boundaries of parcels included in the specific plan, the notification area shall be measured from the property line boundaries, unless the planning official determines that it is not necessary for public awareness of the proposal.

E. Public hearing.

1. After proper public notice, the planning and zoning commission shall hold a public hearing on the application, at which all interested parties shall be heard.

2. The commission shall recommend regulations necessary to protect the public health, safety and welfare, and may recommend regulations unique to the plan or special instructions for plan administration.

3. The commission shall vote by separate motion on specific plan regulations that supplement or supersede adopted county zoning regulations.

4. The commission may continue the public hearing, for a definite time not to exceed three months, on its own initiative or at the request of the applicant or affected property owners.

5. After the public hearing, the planning department shall transmit the findings and recommendations of the commission to the board of supervisors, except as provided in Section 18.90.060G.

6. The planning department may also transmit alternative recommendations when staff and commission opinions differ.

F. Department evaluation:

1. The planning department is authorized to evaluate recommendations of the commission when enforceability is uncertain.

2. If such evaluation results in, or implies, a change in intent, as determined by the commission legal advisor, the evaluation shall be submitted to the commission for its decision prior to transmittal of commission findings to the supervisors.

3. All evaluations shall be submitted to the commission for noticed public hearing at the next regular commission public meeting.

G. Limitations on application:

1. The applicant shall have three months from the date of final commission action to request a board of supervisors public hearing on the application. If a request is not submitted, the application shall be closed, due to lack of further action.

2. Upon written request to the planning director, a single thirty-day extension may be provided.

(Ord. 2017-3 § 5 (part), 2017; Ord. 2007-41 § 4, 2007; Ord. 1999-79 § 1 (part), 1999; Ord. 1998-51 § 4, 1998; Ord. 1998-39 § 3, 1998; Ord. 1995-94 § 2 (part), 1995; Ord. 1994-114 § 5 (part), 1994; Ord. 1994-11 § 2 (part), 1994; Ord. 1992-96 § 1 (part), 1992; Ord. 1987-64 § 1 (part), 1987)

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