Sec. 23A-34. Development plan review.

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)

Sec. 23A-35. Flexible lot development (FLD) review.

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)

Secs. 23A-36--23A-39. Reserved.

DIVISION 2. SPECIAL ZONING REVIEW--LIMITED NOTICE PROCEDURE

Sec. 23A-40. Limited notice procedure.

Special zoning reviews which involve minor modifications to design criteria or minor construction subject to design review shall be conducted in accordance with the following general procedures. These procedures provide limited notice to parties who may be affected by the development. It is the responsibility of the applicant to provide full and complete information on the project in a timely manner and the responsibility of the affected parties to provide comments to the applicant and/or the city in a timely manner. Limited notice procedures apply to certain design development options (DDO), approval of resident artisan uses and requests for demolition of contributing, nonhistoric structures in historic districts, special exception uses approved by the PDSD director, "PDSD special exceptions," and modification to certain development regulations in the RND Zone.

   (1)   Eligibility for limited notice procedure. The director shall determine whether a proposed development qualifies for the limited notice procedure based upon the following.

   a.   There is a minor change in the development criteria that is requested.

   b.   There are few, if any, changes in the physical attributes of the property.

   c.   There is a potential for impact upon the neighborhood or the adjacent properties.

   d.   Where there are commercial and office developments, a--c above shall apply and there is a benefit to area properties from the proposed redevelopment of the property.

   e.   There is a PDSD special exception land uses designated in the LUC.

   f.   There is a request for a modification of development requirements (MDR) in the RND overlay zone in accordance with LUC section 2.8.10.8.

   (2)   Pre-application conference. A pre-application conference with city staff to review requirements for the proposal under this chapter, the LUC, development standards and other applicable policies and regulations is encouraged on all limited notice procedure applications.

   (3)   Pre-application neighborhood contact. The applicant is encouraged to meet with the property owners who are entitled to notice of the application, the neighborhood association that includes the site and other interested parties prior to submittal of the application to explain the proposed development and potential impacts.

   (4)   Application. Applications shall conform to the requirements set forth in the LUC, this chapter and appropriate development standards and shall show the impact upon adjacent properties. Upon submittal of the application for minor HPZ review, a copy shall be provided to the designated member of the historic district advisory board and the designated member of the TPHC plans review subcommittee for review and comment.

   (5)   Notice of submittal of the application. Notice of the application shall be provided to property owners within fifty (50) feet of the subject site and to the neighborhood association that includes the subject site.

   (6)   Public comment period. There shall be a period of ten (10) days following the date on which notice is provided for submission of comments on the proposal to the planning and development services department.

   (7)   Review process. Review is conducted by the planning and development services department staff and other agencies, committees or advisory boards as specified in this chapter, the LUC and as may be deemed appropriate by the director.

   (8)   Decision by the director. The director shall decide whether to approve or deny an application no earlier than one (1) day after the expiration of the public comment period and no later than ten (10) days after the expiration of the public comment period. The director may impose conditions for approval of the application or may decide to require that the application proceed through the procedure in accordance with Division 3 of this chapter.

   (9)   Notice of the decision. The director shall notify the applicant and parties of record in writing of the decision within three (3) days of the decision.

   (10)   Appeal to the board of adjustment. A party of record may submit an appeal of the 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 five (5) days after the notice of decision. The complete appeal materials must be filed within thirty (30) days of the decision.

   (11)   Waiver of comment, notice of the decision and right to appeal. The time period for public comment, for notice of the decision and for the filing an appeal may be waived if the applicant provides written documentation that all parties of record have waived one or more of these provisions.

   (12)   Failure to adequately describe the project. If, upon receiving a complaint, the zoning administrator determines that the notice required by this section, failed to accurately or adequately describe the proposed development in a manner that substantially affects other property owners, the zoning administrator may determine that the approval is invalid and that the application must obtain a new approval through the limited notice procedure in accordance with Division 3 of this chapter. The zoning administrator's decision to invalidate an approval may be appealed by the applicant to the board of adjustment in accordance with [section] 23A-61.

(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10295, § 2, 6-27-06; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)

Secs. 23A-41--23A-49. Reserved.

DIVISION 3. SPECIAL ZONING REVIEW--FULL NOTICE PROCEDURE

Special zoning reviews which require the full notice procedure involve PDSD director decisions on development applications in resource overlay zones, applications for variances before the board of adjustment and certain special exception uses that are decided by the zoning examiner, the "zoning examiner special exceptions", and mitigation plans for certain restaurants serving alcohol. This procedure provides broad notice to parties who may be affected by the development. It is the responsibility of the applicant to provide full and complete information on the project in a timely manner and the responsibility of the affected parties to provide comments to the applicant and/or the city in a timely manner. This procedure applies to applications as specified in the LUC and include the following.

(Ord. No. 10387, § 4, 4-10-07; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)

Sec. 23A-50. Application, notice, public comment and review.

An application for and review of a special zoning request that requires full notice procedure shall comply with the following.

   (1)   Pre-application conference. A pre-application conference with city staff to review requirements for the proposal under this chapter, the LUC, development standards and other applicable policies and regulations is required on all full notice procedure applications.

   (2)   Neighborhood meeting. The applicant shall offer to meet at a specified time and place to discuss the proposed project with the persons and entities entitled to notice of the application. 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.

   (3)   Application. Applications shall conform to the requirements set forth in the LUC, this chapter and appropriate development standards. An application is accepted or rejected within seven (7) days of the date of receipt unless the applicant consents to additional time. An application may, in the discretion of the director, be conditionally accepted.

   (4)   Public notice of the application. Applications for full notice procedure shall be provide public notice as follows.

   a.   Mailed notice.

   1.   Shall be sent to the applicant, public service agencies affected by the application, all property owners within the subject site and within three hundred (300) feet of the subject site, the neighborhood association(s) which includes or are within one (1) mile of the subject site, any person or organization that has filed a request and paid a fee to receive notification of public meetings and hearings on a particular process and any other person the director determines has an interest in the matter.

   2.   Property owners shall be determined from the records of the Pima County Assessor that are available to the public no more than forty-five (45) days prior to the application or public hearing.

   3.   Shall be provided to all parties of record on a previous hearing on the same application and to other affected property owners as required by each process.

   4.   Shall be sent whether or not the properties are within the corporate limits of the city.

   5.   Adjoining land under the same ownership as the subject site and public right-of-way abutting the site shall be included as part of the subject site in determining the boundaries from which the notice area is measured.

   6.   For sites within the Airport Environs Zone (AEZ), notice shall be provided to the Tucson International Airport or to the Davis Monthan Airforce Base, whichever is applicable.

   b.   Posted notice. Notice shall be posted in such locations on the subject property as to be visible to the public. The posted notice shall identify the request, the date, time and location of any public comment period or public hearings and a telephone number for the city and the applicant where further information may be obtained.

   (5)   Public comment period. There shall be a period of twenty (20) days following the date on which notice is mailed for submission of comments on the proposal to the planning and development services department.

   (6)   Review process. Review is conducted by the planning and development services department staff and other agencies, committees or advisory boards as specified in this chapter, the LUC and as may be deemed appropriate by the director.

   (7)   Denial of plan compliance appeal. if an application is rejected because it is not consistent with the general plan or any applicable specific plan, the rejection of the application may be appealed by the applicant to the mayor and council in accordance with [section] 23A-62.

(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)