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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)
A development plan is a drawing of a project site that provides detailed information as to how a proposed project will be constructed in conformance with city ordinances and regulations. When a development plan is required to be processed in accordance with the Land Use Code (LUC), Chapter 23, Tucson Code, section 5.3.8, preparation, application, review, and approval shall be as follows.
(1) Applicability. As provided by the Land Use Code (LUC), section 5.3.8, the development plan process is applied only on those projects whose approval is subject to the process in section 5.3.8. Typically, rezoning cases and special exception land use applications are approved subject to approval of a development plan in accordance with the procedures established in section 5.3.8 of the LUC. The purpose of the review is twofold:
a. The review provides the mayor and council with information on whether public infrastructure is currently available to the project or if public improvements have to be provided; and
b. The review assures the mayor and council that the completed project will conform with all conditions of approval applied by the mayor and council and is in substantial conformance with the concept plan presented during the public process, in addition to all city regulations applicable to the project. The plan is also reviewed to ensure the implementation of any additional requirements to which the applicant agreed at the time of approval of the rezoning or special exception land use request. Many of these requirements will be over and above the adopted regulations that are applied to projects with existing zoning.
(2) Pre-application.
a. Pre-application conference. A pre-application conference with planning and development services department (PDSD) staff is encouraged.
b. Preparation of drawings. Development plans shall be prepared in accordance with Development Standard 2-05.0.
(3) Review procedure. Review of development plans shall be as follows.
a. Application. Applications shall be in accordance with submittal requirements as provided in Development Standard 2-05.0. Development plans, which are submitted as the result of a rezoning, a special exception land use, or another similar public process application, generally require the plan to be in substantial conformance with the concept plan submitted during the public portion of those processes. Any deviation from the concept plan requires review and approval in accordance with the Land Use Code (LUC), section 5.3.8.3.B, prior to review by the community design review committee (CDRC).
b. Review. Development plans are reviewed by the community design review committee (CDRC) in accordance with procedures established in Development Standards 1-03.0 and 2-05.0. If notification as to the status of the review is not provided to the applicant within sixty (60) days of acceptance of the application, the development plan shall be deemed approved.
In accordance with section 5.3.8.2.A of the Land Use Code (LUC), the applicant has one (1) year from the date the application was accepted for review to obtain approval under the zoning and development requirements in effect at the time of application. Should the approval not be obtained within the allotted time period, a revised development plan, which complies with regulations in effect at that time, is to be provided if the project is to continue.
c. Approval. The planning and development services department (PDSD) director shall approve the development plan within five (5) days of receiving notification that all community design review committee (CDRC) members recommend approval, and it is confirmed that all conditions of approval as authorized by a rezoning, special exception land use, or other similar application have been met. This includes architectural review, dedication of right-of-way, building height, land use, or any other requirement pertinent to the individual case.
As provided by the Land Use Code (LUC), section 5.3.8.2.B, the approval is valid for one (1) year. The one (1) year time period provides the applicant the opportunity to secure permits and commence construction based on the regulations in effect during the review of the development plan. Expiration of the one (1) year time period prior to obtaining permits or commencing construction requires re-approval of the development plan based on regulations in effect at the time the development plan is resubmitted for review.
d. Notice of decision. A notice of decision shall be issued to the applicant. The notice shall provide the case number and title, the decision, the date of the decision, the expiration date for that approval, and the address and telephone number of the planning and development services department (PDSD).
A written notice of approval is also provided to the planning department on development plans associated with rezoning or special exception land use applications. The notice shall provide information on how the conditions of approval on those applications were met.
(4) Issuance of permits. As provided by the Land Use Code (LUC), section 5.3.8.3, any property which is subject to development in accordance with an approved development plan shall include, with the building permit documents, a copy of the approved plan bearing the appropriate approval signature. Any change to an approved development plan requires approval in accordance with the LUC, section 5.3.8.3.B.
Permits for the implementation of any development plan approved through this process and which is subject to the adoption of a rezoning ordinance cannot be issued until the rezoning ordinance is in effect. By state law, the effective date of the rezoning is thirty (30) days after the adoption of the rezoning ordinance.
(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)
The flexible lot development (FLD) is a development alternative permitted by the Land Use Code (LUC), Chapter 23 of the Tucson Code, in various zoning districts. While the development designator requirements, such as density, building height, setbacks, and lot coverage, are provided in each zone, specific provisions for the design and development of an (FLD) are found Section 3.6.1 of the LUC, and in Development Standard 2-10.0.
(1) Subdivision plat.
a. Except as provided in section 23A-35(2) (development plan), an FLD must be prepared, processed, and have a tentative and final plat approved prior to issuance of a building permit.
b. Plats must be prepared in compliance with section 23A-33.1 and Development Standard 2-10.0.
(2) Development plan.
a. When a plat is not required, an FLD must have a development plan prepared, processed, and approved prior to issuance of a building permit.
b. Development plans must be prepared in compliance with Development Standard 2-10.0 and processed in compliance with Chapter 23A-34.
(3) Architectural variation plan.
a. When required by Section 3.6.1.6.B (Architectural Variation) of the LUC, an Architectural Variation Plan (AVP) must be prepared, processed, and approved prior to issuance of a building permit.
b. AVPs must be prepared in compliance with Development Standard 2-10.0.
c. An AVP must be included with the subdivision plat, development plan, or building permit submittal.
d. The design examiner will review AVPs for compliance with Section 3.6.1.6.B and forward his or her findings and recommendation in writing to the director of the planning and development services department for consideration of approval.
e. The director's decision may be appealed the design review board.
f. Conditions of the approved AVP must be included as notes on the approved plat or development plan, whichever applies, and the building plan.
(4) Privacy mitigation plan.
a. When required by Section 3.6.1.5.A.2 (Privacy Mitigation) of the LUC, a Privacy Mitigation Plan (PMP) must be prepared, processed, and approved prior to issuance of a building permit.
b. PMPs must be prepared in compliance with Development Standard 2-10.0.
c. PMPs must be included with submittal of the Preliminary Development Plan.
d. The Design Examiner will review the PMP for compliance with Section 3.6.1.5.A.2 and forward his or her findings and recommendation in writing to the director of the planning and development services department for consideration of approval.
e. The director's decision may be appealed to the design review board.
f. Conditions of the approved PMP, including a description of the required mitigation and for which units the mitigation applies, must be included as notes on the plat or development plan, whichever applies, and the building plan.
(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10636, §§ 18, 20, 2-24-09, eff. 3-28-09; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)
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