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A. General
1. The purpose of the Planned Area Development (PAD)
is to enable and encourage comprehensively planned
in accordance with adopted plans and policies.
2. The PAD is a zoning classification which provides for the establishment of
with distinct standards.
B. Distinct Land Use Regulations Permitted
1. A PAD may have land use regulations different from the zoning regulations in the
, any other PAD
, or other
.
2. When a provision in a PAD varies from the
, the provisions in the PAD shall govern.
C. Application Processing and PAD Establishment
1. Each PAD must be in compliance with the
and applicable sub-regional and neighborhood plans.
2. A PAD is processed and established in accordance with Section 3.5.3, Zoning Examiner Legislative Procedure, and the following additional requirement.
3. Within 30
after the PDSD Department recommends approval, the PAD rezoning request is scheduled for a public hearing before the Zoning Examiner.
D. Established Districts
1. PADs are identified on the
by the letters “PAD” followed by a number, such as “PAD-1,” signifying the set of standards adopted and applicable to that planned area
.
2. The PDSD is responsible for maintaining the list of established PADs.
E. Initiation of a PAD District.
A PAD District is initiated by filing an application with the Planning and Development Services Department. The application may be filed by the owners of the subject property, an agent for the property owners, or the Mayor and Council. The application will be accepted for processing only if the following requirements are met:
1. The site is under single ownership or control except when initiated by the Mayor and Council;
2. The PAD District shall be configured to accommodate a well-integrated project. A PAD District may include existing rights-of-way provided the district is planned and developed on a unified basis.
F. PAD Implementation
PADs are implemented in accordance with the procedures in this Section 3.5.5. PADs may establish additional implementation procedures, provided such methods are not in conflict with required procedures and are fully described by the PAD document.
G.
Review
No
may occur within a PAD until a
for the
is approved by the
in accordance with Section 3.3.3, PDSD
Approval Procedure.
H. Enforcement
Standards adopted for each PAD are enforced in the same manner as the enforcement of any zoning
as provided in Section 10.2.
I. Interpretation
The Zoning Administrator shall interpret a PAD in accordance with Section 1.5.1, Zoning Determinations and Zoning Certifications by the Zoning Administrator. Interpretations of zoning provisions may be applied to similar PAD provisions.
J. Amendment to an Adopted PAD
1. PAD amendments must be in substantial
with the objectives of the PAD. Changes to conditions and terms of a PAD that affect the overall
, intensity, and classifications of
must be processed as a new change of zoning. Changes to other conditions of a PAD must comply with the procedures for changes of conditions in this section.
2. Amendment Application
a. An amendment to a PAD may be initiated by the property owner, the owner’s agent, or the Mayor and Council upon submittal of a written application to amend one or more of the PAD standards.
b. The application must be accompanied by a statement documenting the need for the amendment.
c. The PDSD
shall determine if the amendment would result in a major change in the PAD. A major change is one which:
(1) Allows uses not otherwise permitted in the PAD or a section of the PAD;
(2) Varies or changes a PAD policy;
(3) Increases the number of proposed residences per
by more than 10% or exceeds the maximum number of
permitted within the adopted PAD;
(4) Changes designated buffers or perimeter
, as delineated in the PAD, which was established to adapt the PAD to specific
characteristics or mitigate
impacts on the
and surrounding area;
(5) Varies the
,
, or
by more than 10% of that delineated in the adopted PAD;
(6) As a consequence of more than one non-substantial change submitted concurrently, cumulatively results in a significant change in the objectives or goals of the PAD; or,
(7) Results in a significant change in pedestrian or traffic circulation within the PAD or in the surrounding area.
d. Major changes to a PAD are processed in accordance with Sections 3.5.3, Zoning Examiner Legislative Procedure. A major change may require, as determined by the PDSD , submittal of amended items, such as a analysis.
e. The PDSD
may approve changes determined to be minor or administrative.
f. When requested in writing by the applicant, the PDSD
may authorize a delay in the PAD amendment process.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013; Am. Ord. 11386, 7/6/2016; Am. Ord. 11508, 12/5/2017; Am. Ord. 11803, 12/8/2020)
A. Purpose
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
.
b.
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
.
4.
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.
D.
Standards
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
.
a. Process
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. Procedure
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. Process
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.
The following applications are processed in accordance with the requirements of this section:
A. Re-adoption of or amendment to the
;
B. Adoption of or amendment to
, such as, but not limited to sub-regional, area, and neighborhood plans;
C. Adoption of or amendment to the
; and,
D. Adoption of or amendment to redevelopment plans.
A.
The re-adoption of the
may only be initiated by the Mayor and Council. Amendments to the adopted
may be initiated by the Mayor and Council or privately initiated by the owner of the property for which the amendment is sought. Notice of initiation must be provided in
with A.R.S. §9-461.06.
B. Redevelopment Plans
Prior to initiating the creation of a redevelopment plan, the Mayor and Council must approve a resolution declaring that the subject area is subject to redevelopment in accordance with A.R.S. §36-1479. Amendments to an adopted redevelopment plan may be initiated by the Mayor and Council or privately initiated by the owner of the property for which a
is sought.
C. Specific and
The creation of a
shall only be initiated by the Mayor and Council. Amendments to a
or the
may be initiated by the Mayor and Council or privately initiated by the owner of property for which an amendment is sought.
For
specific, privately initiated
, a pre-application conference with
staff is required to review requirements for the proposal in accordance with Section 3.2.1 and other applicable policies and regulations.
A. Re-Adoption of the
Public outreach for the re-adoption of the
shall be conducted in accordance with
statute and adopted
policies.
B.
2. For Concurrent
and Rezoning Applications, a representative of PDSD staff shall attend the Neighborhood Meeting to provide an overview of the Concurrent
and Rezoning process and the area and/or neighborhood plans affected.
3. Exception: A neighborhood meeting is not required for
-initiated amendments to the
.
(Am. Ord. 11729, 2/19/2020)
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