A. General
1. After a
or tentative or final
has been approved, an applicant may apply for a
(PDR). A PDR is a right granted to undertake and complete the
and use of property as shown on the PDR Plan without needing to comply with subsequent changes in zoning standards and technical standards adopted during the period of the PDR, except as provided by A.R.S. §9-1204. In the event of a conflict between the provisions of the
and A.R.S. §§9-1201 through 9-1205 inclusive, as they may be amended, the statutory provisions shall govern.
2. The
also precludes the enforcement against the
of any
regulation that would change, alter, impair, prevent, diminish, delay, or otherwise impact the
or use of the property as set forth in the approved plan except as provided herein.
3. The
does not vest until the Mayor and Council approve the plan or
as a
plan at public hearing.
B. Applicability
The Mayor and Council may consider granting a PDR to the following:
1. An approved
or
provided the PDR is granted prior to the
or
expiring; or,
2. Concurrent with the initial approval of a
or
upon a finding that granting a
to undertake and complete the
shown on the plan will promote reasonable certainty, stability and fairness in the
planning and regulatory process and secure the reasonable investment-backed expectations of the owner.
C. Application
Submittal of an application to the PDSD is required in order to process the request. The PDR application requirements are provided in Section 2-12.0.0 of the Administrative Manual. Applications are reviewed for completeness in compliance with Section 3.2.3.A, Application Required. Following acceptance of the application, it will be scheduled for consideration by the Mayor and Council.
D. Nonphased and
Standards
Applications may be filed for nonphased or phased
plans as follows:
1. Nonphased
Nonphased
are
constructed in one phase. An application for a
for a nonphased
, must comply with the requirements in accordance with:
a. Article 8, Land Division,
, and
Standards, and applicable standards of the Administrative and Technical Standards Manuals for a ; or
b. Section 3.3.3.G, , and applicable standards of the Administrative and Technical Standards Manuals for a .
2.
a. For consideration and approval as a
plan, a
shall be a master planned
which:
(1) Consists of at least 40
depicted on a single master
for a residential
;
(2) Consists of at least 20
depicted on a single master
or
for a nonresidential
;
(3) Is a Planned Area Development (PAD)
; or,
(4) The Mayor and Council have identified as a
for the purposes of
.
b. An application for a
for a
, must comply with the requirements set forth in:
(1) Article 8, Land Division,
, and
Standards, and applicable standards of the Administrative and Technical Standards Manuals, if the master planned consists of at least 40 depicted on a single master for a residential ;
(2) Article 8, Land Division,
, and
Standards, and applicable standards of the Administrative and Technical Standards Manuals, if the master planned consists of at least twenty (20) depicted on a single master for a nonresidential ;
(3) Section 3.3.3.G, , and applicable standards of the Administrative and Technical Standards Manuals, if the master planned consists of at least 20 depicted on a single master for a nonresidential ; or,
(4) Section 3.5.5, Planned Area Development (PAD) , and applicable standards of the Administrative and Technical Standards Manuals for a master planned which is a PAD.
E. Granting of a PDR
1. A PDR shall be granted upon approval by the Mayor and Council.
2. The Mayor and Council may impose terms and conditions of approval.
3. Upon Mayor and Council approval, the landowner has the right to undertake and complete the
only to the extent of the specific elements and details shown on the plan.
4. Approval of a
plan for one phase of a
is not approval of a
plan for any other phase.
F. Effective Date
1. A PDR shall be deemed established with respect to a property on the effective date of Mayor and Council approval of the PDR Plan, except as follows.
2. Exception. A
plan approved with a condition that a variance be obtained does not confer a
until the variance is granted. Approval of a
plan does not guarantee approval of a variance.
G. Expiration Date and Extension
1. Nonphased
A
plan for a nonphased
is valid for three years.
a. In its sole discretion, the Mayor and Council may extend this time for a maximum of two additional years if it determines such extension is warranted by all relevant circumstances, including the size and type of the
, the level of investment of the landowner, economic cycles, and market conditions.
b. If no
permit has been issued prior to expiration, no construction shall commence under the plan.
2. Phased
A
plan for a
is valid for five years.
a. In its sole discretion, the Mayor and Council may extend this time for a maximum of two additional years if it determines such extension is warranted by all relevant circumstances, including the size, type and phasing of the
, the level of investment of the landowner, economic cycles, and market conditions.
b. No construction shall take place on the property for any phase for which a
permit has not been issued.
H. Modification of
Expiration Dates
Notwithstanding Section 3.3.3.G.6.a, a
that has been designated a PDR Plan shall expire upon termination of the PDR.
I. Enforcement
1. Subsequent
Standards
A protected
precludes the enforcement of legislative or administrative
regulations that would change, alter, impair, prevent, diminish, delay, or impact the
or use of the property as approved in the
Plan, except under any one of the following circumstances:
a. Landowner Consent
The affected landowner consents in writing.
b. Natural or Man-Made Hazard
The Mayor and Council declare by resolution, after notice and a public hearing, that natural or man-made hazard on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare if the
were to proceed as approved in the
Plan.
c. Inaccurate Information
Declaration by the Mayor and Council by resolution after notice and a public hearing that the owner or his representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval of the
Plan by the
.
d. Enactment of
or
Law
The enactment of a
or
law or regulation that precludes
as approved in the
Plan, in which case the Mayor and Council, after notice and a public hearing, may modify the affected provisions, on a finding that the change in
or
law has a fundamental effect on the
Plan.
2. Subsequent Overlay Zoning,
Fees, and Other Codes
A
does not preclude the enforcement of the following:
a. Overlay
A subsequently adopted overlay zoning classification that imposes additional requirements and that does not affect the allowable type or
of use.
b.
Fee
A subsequently adopted
fee applicable to similar properties in the
adopted pursuant to A.R.S. §9-463.05.
c. Other Codes
A subsequently adopted
, fire, plumbing, electrical, or mechanical code or other ordinance or regulation general in nature and applicable to all property subject to
regulation by the
.
3.
and
A
does not preclude, change, or impair the authority of the
to adopt and enforce zoning ordinance provisions governing
or
on the property.
4. Suspension and Revocation Procedures
The
is permitted by
law to subject a
Plan to subsequent reviews and approvals consistent with the original approval. The
may revoke its approval of a
Plan for failure to comply with the applicable terms and conditions of approval. The procedure for compliance review suspension and revocation is described as follows:
a. PDSD
Monitors Compliance
After the approval of a
Plan, the PDSD
or designee shall monitor the progress of the
to ensure compliance with the terms and conditions of the original approval or any
agreement applicable to the property.
b. Suspension or Revocation
The PDSD
or designee may suspend or revoke a
after notice to the applicant. The notice shall contain the
Plan to be revoked, the property to which it applies, and the reason(s) for the proposed suspension or revocation.
c. Appeal to Mayor and Council
The PDSD
’s decision to revoke a
may be appealed to Mayor and Council in accordance with Section 3.9.2, Mayor and Council Appeal Procedure, by filing a notice of intent to appeal with the City Clerk no later than 14 after the effective date of the decision. The complete appeal materials must be filed with the PDSD within 30 of the effective date of the decision.
J. Successors
After approval of the
plan, all successors to the original landowner are entitled to exercise the
.