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1. Accommodate large-scaled, unified planned that conform to the best practices, policies and programs within the ’s , applicable , and other sustainability and conservation programs;
2. Provide an alternative and process to accommodate large master-planned that allow flexibility not otherwise attainable under conventional and allow for adjustments to changing community and market conditions;
3. Provide a framework to promote sustainable patterns and mobility options while being responsive and sensitive to the natural features and topography of the desert environment;
4. Provide within such a variety of housing, including affordable housing, and combination of with sound planning principles and techniques; and,
5. Promote the timely planning, funding and of public facilities designed to serve the projected population.
B. General Provisions
1. with the
a. Each PCD must be in compliance with the and applicable .
A PCD is permitted only in areas where there is an existing . In areas where there is no existing , an applicant may submit an application for a PCD so long as an application for a , consistent with the application for the PCD, has already been submitted pursuant to Section 3.6. The application for the PCD will be processed concurrently with the application for the , but the PCD may not be adopted until after the adoption of a .
2. Ownership of the PCD
Upon application for and approval of the PCD, the of the PCD, with the exception of public , must be under single ownership or control of a single entity with legal authority to conduct the application process on behalf of all the landowners.
3. Minimum PCD Area
a. A PCD must be the minimum size as required in the applicable , , or a minimum of 500 , whichever is greater.
b. Public located within the interior of a PCD may be included in calculating the minimum 500 .
c. A PCD may include areas that contain existing .
d. The Mayor and Council may authorize the initiation of a PCD less than the size required by this section if the size of the proposed PCD is consistent with the intent of the applicable or .
The will be amended, as needed, to add, delete, or modify a within a PCD concurrently through the approval process for the PCD.
C. Identification of the PCD
1. PCDs are identified on the by the letters “PCD” followed by a number and the name of the , such as “PCD-1, XYZ Planned Community Development (PCD) District,” signifying the set of standards adopted and applicable to that . PDSD shall administratively update the list upon the adoption of each new PCD.
2. Within a PCD, must be divided into areas (DA). DAs shall establish the permitted and intensity of within the PCD. Permitted in a DA are those that are identified in the implementation plan.
3. Within a DA, one or more may be established and contain one or more listed in the Project Development Standards and Design Guidelines.
A PCD provides for the establishment of areas (DAs) and with distinct standards within the boundary of the PCD as adopted by the Mayor and Council.
1. A PCD may incorporate classifications and standards from the or other ordinances and standards with modifications as necessary to provide for a master planned community. The standards must be consistent with policies in the and applicable .
2. A PCD may include standards that are different from the standards in the that apply in, but are not limited to permitted, special exception, secondary and accessory ; ; and ; cluster ; and perimeter ; parking and loading; and other standards. The PCD may not change or alter the provisions for impact fees in Article III, Impact Fees of the Development Compliance Code, Chapter 23A of the Tucson Code.
3. Where a provision in a PCD varies from the standard, the provisions in the PCD shall govern. Where standards in a PCD are silent or do not address an issue, the applicable codes and ordinances shall govern. Amendments to the enacted subsequent to the adoption of the PCD shall apply to the PCD. If an amendment adopted subsequent to the PCD conflicts with an express provision of the PCD, the PCD shall govern unless the adopting ordinance expressly states that the amendment supersedes the PCD provision.
E. Review and Establishment Procedure
A PCD shall be established in accordance with Section 3.5.3, Zoning Examiner Legislative Procedure. Notice must be sent in accordance with the requirements of Table 3.2-1 , except that notice must be sent to all property owners within 2,640 feet (one-half mile) from the boundaries of the proposed PCD and to all within two miles of the boundary.
F. Amendment Procedures
The of Planning and Development Services Department (PDSD) shall determine if the proposed amendment constitutes an administrative, minor, or major amendment according to the criteria set forth in this section. The shall evaluate a proposed change for its compliance with the intent of the approved PCD and any impact that may cause a public health or safety risk. These amendment procedures do not preempt an applicant’s ability to apply for other modification procedures available within the . The following procedures shall be followed for an amendment to the PCD.
1. Administrative Amendment
An administrative amendment is one that does not create a substantial change to the Master (MSP), an overall (DA), or the overall PCD. The PDSD shall determine if the potential impacts to the PCD are a substantial or insubstantial change after review of the requested changes. Insubstantial changes are administratively decided by the PDSD .
An administrative amendment requires no public hearing unless one is required as part of the PCD adoption. Administrative amendments include the following:
(1) The categories of changes listed in subsection b.;
(2) Other changes specifically identified as administrative amendments in the PCD approved by the Mayor and Council; and,
(3) Categories of changes deemed by the PDSD to be comparable to those identified in (1) or (2) or otherwise to have no negative potential impacts on the PCD.
b. Administrative Amendment Categories
The following changes and comparable changes are presumed to be administrative unless they significantly affect the PCD or property owners other than the .
(1) Changes that enhance or refine the original vision and/or purpose and intent statements expressed in the original PCD application. The applicant shall present information regarding the size and extent of the activity that supports the change;
(2) Changes that continue to support or applicable policies affecting the diversity of housing type and . The applicant shall present information showing how the proposal strengthens the creation of a sense of place in the neighborhoods and communities. Administrative amendments may be based upon new market design requirements or technological advances in architecture and engineering design and construction;
(3) A transfer of commercial square footage or number of dwellings from one to another that stays within the maximum and minimum ranges established by the PCD or the DA;
(4) A transfer involving a change in total number of dwellings or gross leasable among DAs or where the transfer amount stays within the minimum and maximum ranges established by the PCD;
(5) Changes in configurations of individual DA boundaries to include modifications of boundaries, division of larger , or combinations of , that do not result in any loss in or change the overall permitted and and intensity of of DAs within the PCD;
(6) Changes in , preservation of environmentally sensitive lands, or that are necessitated by the need to accommodate final engineered as approved by the , within the minimum and maximum range of and intensity of and there is no reduction in areas as established in the ;
(7) Adjustments or modifications to the number and order of phasing as long as the related is precedent to or concurrent with the the is to serve;
(8) Change of number, location or designated for schools, parks, or other public, government, or quasi- facilities which either enhance the opportunity to create a sense of neighborhood and community, to better centralize such based on actual densities and with the approval of the unit that owns or will own the facility;
(9) Modifications in the design and construction of proposed based upon technological advances when such modifications are accepted by the controlling and/or Pima County agencies (including but not limited to transportation, water and wastewater, and flood control). capacity shall be adequate to provide service for the planned densities and intensities of use and phasing;
(10) Minor modifications or adjustments to , encroachments, proposed easements, proposed right-of-ways or , so long as the modifications fall within the general overall range and target densities and intensities for the PCD or DA;
(11) Changes in that do not increase the cost or reduce the benefit to the public;
(12) Interpretation by the PDSD of terms and provisions of the PCD and MSP that may result in insubstantial changes to the PCD;
(13) Placement and/or construction of identity or character features such as community art, entry monuments, mailboxes and neighborhood signage in compliance with the PCD standards unless there is a safety concern; and,
(14) Other insubstantial changes deemed to be administrative amendments by the PDSD , as long as the amendments do not negatively impact the general health, safety, and welfare of the residents of the and do not modify the overall intent of the approved PCD, including the compliance with the and policies for this area.
2. Minor Amendment
A minor amendment is one that does not substantially change the MSP, DAs, or the overall PCD. A minor amendment includes changes that have greater potential impacts on the intensity of mix of the PCD than the categories of changes that qualify as administrative changes for the adopted PCD.
A minor amendment requires a public hearing review and decided in accordance with Section 3.5.3, Zoning Examiner Special Exception Procedure. Minor amendments include (i) the categories of changes listed in Subsection b, (ii) changes specifically identified as minor amendments in the PCD approved by the Mayor and Council, and (iii) categories of changes deemed by the PDSD not to change substantially the overall PCD but that have potential impacts on the intensity of mix of the PCD than the categories of changes that qualify as administrative changes.
b. Minor Amendment Categories
The following changes and comparable changes are presumed to be minor unless they significantly affect the PCD or property owners other than the .
(1) A change of up to 10% in the number of units or gross leasable in the DA or that is an increase or decrease in the overall PCD’s minimum or maximum ranges.
(2) Multiple proposed administrative amendments or any single proposed administrative amendment that is viewed by the PDSD in relation to a series of past administrative amendments may be determined by the PDSD to be a minor amendment pursuant to this section if they have the cumulative effect of contradicting the policies, spirit, and intent of the underlying documents.
(3) Other changes deemed to be minor amendments by the PDSD that do not qualify as administrative or major amendments within this section or within the subject PCD.
3. Major Amendment
A major amendment is one that substantially changes the MSP, a DA, or the overall PCD or substantially changes the application of the PCD to a limited area.
A major amendment is processed pursuant to the Zoning Examiner Legislative Procedure, Section 3.5.3. Major amendments include (i) those categories of changes listed in Subsection b, (ii) other changes specifically identified as major amendments in the PCD approved by the Mayor and Council, and (iii) those categories of changes that do not qualify as administrative or minor amendments for the adopted PCD and that are deemed by the PDSD to change substantially the overall PCD or the application of the PCD to a limited area.
b. Major Amendment Categories
The following changes and relative changes are major amendments:
(1) A reduction in other than as defined as an administrative amendment in Section 3.5.6.F.;
(2) Changes in configurations of individual DA boundaries to include modifications of boundaries, division of larger , or combinations of that result in a net loss in or a change to the minimum and maximum number of DAs proposed within the PCD;
(3) Change that would allow uses not otherwise permitted in the PCD, , or DA;
(4) A change of greater than 10% in the number of dwellings or gross leasable in a DA or that is an increase or decrease in the overall PCD’s minimum or maximum ranges;
(5) A change that alters a design element and substantially reduces the of the intensity of to an existing residential outside of the PCD; and,
(6) A change that locates a more intense or increases the residential to an existing residential outside of the PCD or a change to existing residential in the PCD where the intensity of exceeds 10% in the number of units or gross leasable in the DA or .
G. Annual Report
At the request of the PDSD , the PCD property owner shall submit an annual progress report. The report shall begin to be submitted to PDSD once the issuance of permits within the subject PCD commences. The report may include the following elements as requested by PDSD: phasing and completion update report on horizontal , public facilities, dedication, number of housing units and nonresidential square footage, installation of trails, parks, and any other activity requested by the department. The report shall be submitted by February 15 of the following year.