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The following procedure is for administrative design review where such review is required by the LUC. This procedure applies to review of development applications in the Neighborhood Preservation Zone (NPZ) district in accordance with Land Use Code section 2.8.11.
1. Pre-application conference. A pre-application conference with the planning and development services department (PDSD) is required to determine whether the application shall be reviewed through NPZ design review procedure.
2. NPZ design review. Development subject to the NPZ design review procedure shall be reviewed as follows:
a. Submittal. Upon submittal, PDSD staff shall review the application to determine that it provides all required information. The application shall be accepted or rejected within two (2) days. If an application is rejected, the applicant may supplement and resubmit the application supplying required information.
b. Design professional. The design professional shall review accepted applications to determine compliance with the neighborhood specific design manual and compatibility review criteria in accordance with Land Use Code section 2.8.11.8.A.1.
c. Design professional findings and recommendation. The design professional shall submit a written report with findings and recommendation to the director of the planning and development services department within fifteen (15) working days of acceptance of the application.
d. Director decision. The director shall review the application and render a decision finding compliance or noncompliance with the neighborhood specific design manual and compatibility review criteria within five (5) days of receiving the design professional's report.
e. Notice of decision. Notice of the decision shall be mailed to the applicant, property owners within fifty (50) feet of the subject site, and to the neighborhood association that includes the subject site within three (3) days of the date of the decision.
f. Appeal to the design review board (DRB). For purposes of this section, a party of record is any individual who receives a notice of the director's decision. A party of record may submit an appeal of the director's decision pursuant to [section] 23A-64.
Appeals to the director's decision shall be referred to the DRB. An appeal under this section must be based upon an error in the director's decision finding compliance or noncompliance with the neighborhood specific design manual and compatibility review criteria. Appeals shall be scheduled within thirty (30) days of acceptance of the application for appeal.
A notice of intent to appeal must be received by the planning and developmental services department within fourteen (14) days after the mailing of the notice of decision. The complete appeals materials must be filed within thirty (30) days of the acceptance of the application for appeal.
The DRB, in formulating its preliminary findings and recommendations, shall apply the same standards that the design professional applies. Written notice of the DRB's decision shall be provided to the party of record within three (3) days of the date of the decision.
g. Appeal to the board of adjustment. A party of record may submit an appeal of the DRB's decision to the board of adjustment in accordance with section 23A-61. A notice of intent to appeal must be received by the planning and development services department within fourteen (14) days of the notice of the DRB's decision. The complete appeals material must be filed within thirty (30) days of the decision.
(Ord. No. 10548, § 4, 6-10-08; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09; Ord. No. 10726, § 1, 11-24-09)
The following procedure is for review of applications for the subdivision of land by subdivision, minor subdivision or lot split for approval in compliance with the requirements of the Tucson Code, Chapter 23, Land Use Code (LUC), Article IV.
(Ord. No. 9967, § 9, 5-17-04)
The subdivision of land through the platting process as provided in LUC section 4.1.6 shall be reviewed and approved as follows.
(1) Tentative plat review. All subdivision applications, except as provided for minor subdivisions (see section 23A-33.2), require the review and approval of a tentative plat. The tentative plat shall be prepared in accordance with requirements set forth in Development Standard No. 2-03.0.
a. Pre-application conference. A pre-application conference with planning and development services department (PDSD) staff is encouraged.
b. Neighborhood meeting for an FLD. The applicant shall offer to meet at a specified time and place to discuss the proposed FLD project with property owners and the neighborhood association. The meeting notice shall be sent to property owners within three hundred (300) feet of the FLD site and at least two (2) designated representatives of any neighborhood association registered with the city and located within one (1) mile of the FLD site. The offer shall be made at least ten (10) days prior to the date of the meeting. The meeting shall occur at least fifteen (15) and not more than sixty (60) days prior to the submittal of the application. The neighborhood meeting shall be held at a location near the property that is the subject of the application. Notice of the meeting shall also be provided by the applicant to the office of the council ward in which the subject site is located. Documentation of the offer to meet and a summary of the meeting shall be submitted with the application.
c. Application. Applications for tentative plats shall be in accordance with Development Standard No. 2-03.0. Only complete applications will be accepted for processing.
d. Notice of an FLD application. Public notice that a tentative plat application for an FLD has been filed and accepted for review shall be sent within five (5) days after acceptance of the application. The notice shall comply with the following:
1. The notice shall include pertinent information about the proposed project, such as name; location; case number; type of development; site size; residential density; number of stories; maximum density bonus (if applicable); amenities; where the plat can be viewed by the public; and the address and telephone number of the planning and development services department (PDSD). Such notice shall contain a sentence indicating that any person may request further notification of actions concerning the FLD. A minimum period of twenty (20) working days from the date the notice is sent will be provided for response.
2. The notice shall be sent to the following:
(a) All owners of property located within three hundred (300) feet of the Flexible Lot Development (FLD) site (any public rights-of-way abutting the (FLD) site are excluded from the measurement).
(b) At least two (2) designated representatives of any neighborhood association registered with the city and located within one (1) mile of the FLD site.
(c) Any other person determined by the planning and development services department (PDSD) director to be affected by the proposed (FLD).
e. Review. Tentative plats are reviewed by the community design review committee (CDRC) for compliance with city regulations in accordance with Development Standards No. 1-03.0 and 2-03.0.
f. Approval. As provided in the Land Use Code (LUC), section 4.1.6.1, and excepting FLD tentative plats, the planning and development services department (PDSD) director shall approve the tentative plat within five (5) days of receiving notification of approval from all community design review committee (CDRC) members, provided the zoning of the property permits the proposed use of the property. If the use of the property as proposed on the plat is subject to the adoption of a rezoning ordinance or includes property in a resource overlay zone that is subject to the PDSD full review procedure in section 23A-51, the tentative plat cannot be approved until the effective date of the rezoning ordinance as provided in the LUC, section 4.1.6.1 or approval pursuant to 23A-51 or appeal thereof. If the tentative plat is for an FLD, the tentative plat can not be approved until notice is mailed to those entitled to notice and the time for appeal has expired in accordance with 23A-33.1(1)(g).
Upon notice that the tentative plat is approved, the applicant shall submit the number of copies of the tentative plat required by the planning and development services department (PDSD) for placement of the approval signature. A copy of the signed version will be sent to the applicant for submittal with grading plans and other development applications for this development site. The final plat, the grading plan, and other building permit applications will be reviewed by staff for conformance with the signed version of the tentative plat.
g. Notice of decision; appeal of FLD decision. Written notice of the decision shall be issued to the applicant. The notice shall include the date of approval and the expiration date of the tentative plat approval period as provided in the Land Use Code (LUC), section 4.1.7.
If the tentative plat is for an FLD, notice of the decision shall be mailed to all persons entitled to notice of this application. The decision of the director may only be appealed to the mayor and council on the grounds that the decision is not in conformance with the criteria established by the LUC. The notice of intent to appeal shall be in accordance with section 23A-62 and shall be filed with the city clerk no later than fourteen (14) days after the date of the decision. The complete appeal materials must be filed within thirty (30) days of the decision.
h. Review after expiration of approval. Review of plats with expired approval dates shall be in accordance with section 4.1.7.5 of the Land Use Code (LUC).
(2) Final plat review. All proposed subdivisions, including minor subdivisions, require the review and approval of a final plat. The final plat shall substantially conform to the approved tentative plat and be prepared in accordance with final plat requirements set forth in Development Standard No. 2-03.0.
a. Pre-application conference. A pre-application conference with planning and development services department (PDSD) staff is encouraged but is not required, unless the application is for a minor subdivision plat.
b. Application. Submittal of an application shall be in accordance with Development Standard No. 2-03.0. The final plat may be submitted prior to, or concurrent with, the tentative plat in accordance with criteria set forth in the development standard.
c. Review. Final plats are reviewed by the community design review committee (CDRC) in conformance with Development Standards 1-03.0 and 2-03.0.
1. As provided by the Land Use Code (LUC), section 4.1.7, the applicant has one (1) year from the date of tentative plat approval to secure approval and have the final plat recorded. This time period provides the applicant one (1) year within which to complete the platting process under the regulations in place at the time of tentative plat approval. Should the approval not be secured within the required timetable, the tentative plat and final plat shall be revised to comply with regulations at the time of re-submittal. The re-submittal initiates a new one (1) year time period. Refer to the LUC, section 4.2.5, for expiration dates on minor subdivisions.
2. Extensions to the time period may be granted in accordance with section 4.1.7.4 of the Land Use Code (LUC).
d. Director's recommendation. Upon recommendation of approval from all the community design review committee (CDRC) members, the PDSD director shall forward the final plat to mayor and council for consideration. If the plat is dependent on the adoption of a rezoning ordinance, mayor and council consideration of the plat shall be scheduled for the same agenda as, or on an agenda following, the mayor and council consideration of the rezoning ordinance.
e. Mayor and council consideration. The mayor and council consider the application for final approval in a public meeting. Mailed notice of the meeting is provided to the applicant and to all parties who have requested notice.
f. Notice of decision. A notice of the mayor and council's decision shall be provided by the city clerk to the applicant and any party requesting such notice.
g. Recordation of plat. The city clerk shall forward the final plat documents to the Office of the Pima County Recorder for recordation within five (5) days after approval of a final plat by mayor and council. If the use of the property proposed through the plat is dependent on the adoption of a rezoning ordinance, the recordation shall occur within five (5) days after the effective date of any change in zoning.
The subdivider shall pay the recording fees as specified by the Office of the Pima County Recorder. In addition to the recording fees, the subdivider shall pay the cost of providing reproducible copies of the recorded final plat to the city engineer, Tucson Water, county recorder, county assessor, and county addressing coordinator.
(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10636, § 19, 2-24-09, eff. 3-28-09; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)
Minor subdivision platting requirements are established by the Tucson Code, Chapter 23, Land Use Code (LUC), Article IV, Division 2.
(1) Application and review. The application and review procedures for minor subdivision applications shall be the same as for final plats, as provided in section 23A-45(2) of this division.
(2) Land survey exception. A minor subdivision may be recorded as a land survey instead of a tentative or final plat provided assurances acceptable to the director are provided for any required infrastructure. A subdivider shall have one (1) year to obtain approval and record the survey under the regulations in place at the time of application. Should the one (1) year review period expire prior to the plat being recorded, the review of the project shall be as provided in Article IV of the LUC.
(Ord. No. 9967, § 9, 5-17-04)
The procedure for review of land splits for compliance with the requirements of the Tucson Code, Chapter 23, Land Use Code (LUC), Article IV, Division 3, shall be as provided below. Applications filed under this procedure require review and decision by the planning and development services department (PDSD) director or designee for conformance with LUC requirements.
(1) Application. Applications are submitted to the planning and development services department (PDSD) and shall be accepted as complete or rejected as incomplete within two (2) days. Application requirements shall be established by the PDSD director and shall include the information required under the Land Use Code (LUC), section 4.3.3.1, and as listed below.
a. A completed application form.
b. A drawing or sketch showing the proposed land split. The drawing or sketch should be fully dimensioned and prepared at a scale that maintains legibility. The drawing or sketch shall show the following information:
1. The boundaries of the original parcel or lot prior to the land split.
2. The proposed lots.
3. The rights-of-way adjacent to or within the property, including streets and easements.
4. The locations and dimensions of any existing structures.
5. The setbacks of existing buildings from existing and proposed property lines.
6. The land area of each proposed lot in square feet or acreage.
7. Access to all proposed lots in compliance with section 3.2.14.5 of the Land Use Code (LUC).
8. Whether there is any shared use of facilities between properties.
c. Documentation of the land division history of the parcel. Documentation may consist of assessor's maps and records, deeds, title history search, or any other information that would credibly show the number of land divisions that have occurred from the original parcel over the last twenty (20) years or from the date of annexation if the annexation occurred within the last twenty (20) years.
d. If applicable, a copy of any easement agreement or other legal document that permits shared facilities. For specific information on the preparation of the drawing or sketch and other submittal requirements, refer to Development Standard 2-03.0 for land splits.
(2) Review. Review is conducted by planning and development services department (PDSD) staff for implementation of provisions of the Land Use Code (LUC) on land splits, including the determinations provided in section 4.3.3.2 of the LUC and applicable requirements from state law.
(3) Planning and development services department (PDSD) director's decision. The planning and development services department (PDSD) director shall base the approval or denial of an application on the findings listed in the Land Use Code (LUC), section 4.3.3.3. Such decision shall be issued within ten (10) days of acceptance. As provided in the LUC, section 4.3.3.3.D, if a decision is not issued within the ten-day period, the land split shall be deemed not to constitute a subdivision.
(4) Appeal. The applicant may appeal the planning and development services department (PDSD) director's decision within fourteen (14) days of the date of decision. The appeal shall be considered in accordance with the board of adjustment appeal procedure, section 23A-61.
(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)
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