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)