8.7.3.   FLEXIBLE LOT DEVELOPMENT (FLD)
   A.   Purpose
   The purpose of the Flexible Lot Development (FLD) is to provide greater flexibility and creativity in the design of residential by:
      1.   Providing incentives to achieve community goals, such as historic and archaeological preservation, preservation of , within , and in-fill housing ;
      2.   Implementing the goals and objectives of the , Area Plans, and Neighborhood Plans;
      3.   Providing that is usable and includes suitably located active and passive recreational amenities, such as trails, walking paths, picnic areas, and playgrounds;
      4.   Providing for visual, and where achievable, physical connections to areas on properties;
      5.   Efficiently using land and public facilities by means of a more economical arrangement of , circulation systems, , and ;
      6.   Preserving to the greatest extent possible existing , environmentally sensitive areas, and landscape features and amenities, such as significant topography, and , natural vegetation, washes, areas, and floodplains, and integrating such features with and other ;
      7.   Coordinating architectural styles, forms, and relationships within the and with surrounding land ;
      8.   Providing high-quality sustainable within the that incorporates “green ” techniques such as water harvesting, , and passive solar orientation;
      9.   Mitigating the urban heat island effect by requiring such measures as throughout the FLD and other acceptable efforts; and,
      10.   Creating incentives for appropriate urban infill on with constraints.
   B.   Applicability
   FLDs may be developed in the following :
      1.   Single- detached residential in the SR, SH, RX-1, and RX-2 ;
      2.   Single- residential , attached or detached, in the R-1, MH-1, and MH-2 ; and,
      3.   Single- attached or detached, and multifamily residential in the R-2, R-3, O-1, O-2, O-3, C-1, C-2, and C-3 .
   C.   General Criteria
      1.    with the and other Applicable Plans
      An FLD shall be in with the and any of its components, including any applicable adopted area and neighborhood plans.
      2.   Applicability of General and Technical Standards Manual Requirements
      Except as provided in this section, all applicable standards of the and the Technical Standards Manual apply to FLDs.
      3.    Alternatives
      FLDs shall be developed using one of the following alternatives:
         a.   Standard FLD
         Standard FLD shall not exceed the dimensional standards for Alternative A in Section 8.7.3.D, Regulations for FLD .
         b.   Maximum Option
         FLD that meet at least one of the following options may develop to the dimensional standards for the Alternative B in Section 8.7.3.D, Regulations for FLD .
            (1)   Low Income Housing
            A minimum of 10% of the ’s total number of units or minimum of two units, whichever is greater, are constructed and used for low-income housing.
            (2)   Housing for the Elderly
            The entire is designed and constructed only for the elderly. A covenant shall be recorded for the stating that the housing is restricted for use by the elderly. Residents of an FLD for elderly shall be at minimum 62 years old.
            (3)   Historic Preservation
            The includes preservation of a , , or or leads to the preservation or scientific study and archaeological documentation of prehistoric or historic or , in accordance with Section 3-01.2.0, Historic Preservation Requirements, of the Technical Standards Manual. Features eligible for use of this option are those identified in the required archaeological study as meeting the criteria in the Technical Standards Manual. A recorded covenant preserving the is required.
            (4)   Additional
            The preserves at least 20% more than is required by Section 8.7.3.F.1, Requirements. The additional shall be usable for passive or active recreational uses, such as trails, walking paths, picnic areas, and playgrounds.
            (5)   Additional within an FLD Greater than 5
            The preserves features in a natural state at least 15% more area than is required by other sections of the , including, but not limited to: Sections 5.2, Hillside Development ; 5.7, Environmental Resource ; or 7.7, Native Plant Preservation. These natural features include, but are not limited to, vegetation, washes, floodplain, and hillsides.
            (6)   Proximity to an
            The is located in the ’s Central Core (as defined in the City of Tucson’s ) and is on a designated near transit facilities to promote the use of transit and reduce vehicle trips. The does not conflict with any applicable area or neighborhood plan.
            (7)   Trail or Wildlife Corridor Dedication
            The FLD provides for dedication of trails or wildlife corridors, or both, that connect to offsite trails and wildlife corridors as approved by the Parks and Recreation Department.
            (8)   Green
            The is designed and located to comply with the energy efficiency requirements listed Section 3-01.3.0, Green Requirements, of the Technical Standards Manual.
   D.   Regulations for FLD
   The following regulations are required of all FLD :
      1.    Alternative A is for standard FLDs.
      2.    Alternative B is for Maximum Option FLDs in accordance with Section 8.7.3.C.3.b, Maximum Option.
TABLE 8.7.3-1: Dimensional for FLDs
Alternative
(max %)
Allowable (max)
(ft)
TABLE 8.7.3-1: Dimensional for FLDs
Alternative
(max %)
Allowable (max)
(ft)
SR
A
8
0.25
30
RX-1
A
33
1.00
30
RX-2 & SH
A
33
2.25
25
R-1 &
MH-1
A
B
50
70
5.14
6.25
25
25
MH-2
A
B
62
75
8.00
15.00
25
25
R-2
A
B
62
75
8.71
22.00
25
25
R-3
A
B
70
75
36.00
44.00
40
40
O-1, O-2 & O-3
A
75
22.00
25
C-1
A
75
36.00
25
C-2 & C-3
A
75
44.00
40
 
      3.    , which is calculated differently than , is calculated in accordance with Section 6.4.3, and .
      4.   Residential in Flexible Lot Development is based on the (as defined in Section 11.4.5, Definitions – D) of the .
   E.   Minimum
   There is no minimum within an FLD, except as follows.
      1.    in the SR and RX-1 shall be at least 18,000 square feet.
      2.    in the RX-2 shall be at least 12,000 square feet.
      3.   All developed with a septic system shall be at least one .
   F.    Requirements
      1.    Area Requirements
         a.    shall be provided as shown in the following table:
 
TABLE 8.7.3-2: Standards
Size 
Requirement
5 or less
Less than 13 DU/AC* = 109 SF**/unit
13 DU/AC or more = 161 SF/unit
More than 5
269 SF/unit
*DU/AC = per
**SF = square feet
 
         b.    shall be for an active recreational, passive recreational or scenic purpose.
         c.   An FLD shall provide amenities appropriate for the mix of residents for which the FLD is designed.
         d.   A or management organization shall be established by the developer to be responsible for the ownership, permanent care, and maintenance of areas.
         e.   Any portion of the FLD that has been to and accepted by a public entity for public use as a amenity may be included in meeting the area requirements. Dedications that meet this requirement include, but are not limited to, parks, trail, and detention and retention basins that incorporate Multiple-Use Concepts and Aesthetic Design Guidelines described in Chapter IV of the Stormwater Detention/Retention Manual.
         f.   The portion of the FLD that includes all or portion of a trail located within a or may be included in complying with the area requirements.
         g.   Exemptions
         The following FLD are exempt from requirements:
            (1)   An FLD with 60 or fewer located within one-quarter of a mile of a community park of at least 15 which does not require crossing an arterial to reach the park; or,
            (2)   An FLD zoned SR, SH, RX-1 or RX-2.
      2.   Configuration and Location of within an FLD
         a.   FLD five and less. amenities should be configured as areas, but may also be incorporated into the design of other elements on the , such as detention/retention basins and buffers, in order to make those areas functional.
         b.   FLD more than five . may be divided into smaller areas if they are distributed throughout the and conveniently located for residents of the FLD .
         c.    shall be conveniently located to and usable by the maximum number of the residential units on the .
         d.   To the greatest extent possible, should not be comprised of remnant areas that are not usable by residents of the FLD .
         e.   Where the is located near a , or can provide connections to areas or areas of environmentally or culturally significant features, the shall be configured in a manner to preserve this connectivity.
   G.   Detention and Retention Basins
      1.   To the greatest degree practicable, detention and retention basins within an FLD shall be designed as by incorporating the Multiple-Use Concepts and Aesthetic Design Guidelines described in Chapter IV of the Stormwater Detention/Retention Manual, the Floodplain Ordinance, and in accordance with Section 7.6.6.C, Stormwater Runoff. amenities within detention and retention basins may count toward meeting requirements; and, developed in accordance with Section 7.11, Detention and Retention Basins.
   H.    , Screening and Wall Requirements
      1.   FLD shall comply with Section 7.6, and Screening Standards, except as otherwise provided by this section.
      2.   One shall be provided every 40 feet of pedestrian circulation systems, excluding crossings with , alleys, and . If providing every 40 feet is not achievable, the applicant shall:
         a.   Provide the equivalent number of trees that would be obtained using the 40-foot increment measure; and,
         b.   Distribute the trees within the FLD along pedestrian circulation systems and within areas.
      3.    shall incorporate water-conserving design as defined in Section 7.6.6, Use of Water, and as described in the Technical Standards Manual.
      4.   Water harvesting techniques shall be incorporated as part of the landscape design based on the Water Harvesting Guidance Manual prepared for the City of Tucson Transportation Department Stormwater Section.
      5.   Mechanical equipment, utility boxes, irrigation equipment and similar elements shall be screened from exterior to the and from existing residential . Screening shall be architecturally integrated with the overall design of the FLD.
      6.   If a perimeter wall is proposed along an existing public , it shall be constructed of, or painted with, graffiti-resistant materials. The wall shall incorporate one or more of the following decorative materials:
         a.   Tile;
         b.   Stone;
         c.   Brick;
         d.   Adobe;
         e.   A textured material such as stucco or plaster; or,
         f.   Metal.
   I.   Parking
   Parking shall comply with Section 7.4, Motor Vehicle and Parking, applicable sections of Section 7.6.4.B, and Screening in , and the Technical Standards Manual, applicable regulations related to accessibility, and the following criteria.
      1.    within the FLD for which is proposed shall be designed with that comply with Section 10-01.0.0, Technical Standards, of the Technical Standards Manual.
      2.   An an existing shall not be used for parking access.
      3.   Common shall meet the following requirements:
         a.   No more than 60 parking spaces may be located in any single outdoor ;
         b.   There shall be a minimum of 30-foot separation between common . Common shall be separated by a or ;
         c.   The same may provide access to two or more ; and,
         d.   Curbed areas shall provide openings to allow water to flow into landscaped areas and water harvesting basins.
   J.   Circulation and Connectivity
      1.   The and pavement widths for internal ways, common , , roads, or other means of vehicular circulation and for surface drainage serving the FLD shall be in accordance with Section 10-01.2.4, , of the Technical Standards Manual and Section 7.4.6, Motor Vehicle Use Area Design Criteria, of the .
      2.   All elements of an FLD, including residential units and recreational amenities, shall be connected by a pedestrian circulation system.
      3.   Interior pedestrian shall connect to on and to commercial and recreational facilities with property owner’s consent.
      4.   Bus turn-out lanes and bus waiting shelters shall be provided if requested by the .
      5.   Barrier free access to amenities:
         a.   For purposes of this section, barrier free access is defined as functional access for semiambulatory and nonambulatory .
         b.   Barrier free access to amenities shall be provided pursuant to the ’s adopted Building Code Section 1109.14 (Recreational and Sports Facilities). Exception:  FLDs using the Housing for the Elderly maximum option [Section 8.7.3.C.3.b(2)] shall provide barrier free access pursuant to the ’s adopted Building Code Section 1109.14 (Recreational and Sports Facilities) or 50%, but not less than one, of each type of amenity, whichever is greater.
      6.   Trails that have current or future linkages to other trails, areas or recreation areas shall be provided as determined by the City’s Parks and Recreation Department.
         a.   Trails shall be constructed in compliance with the design criteria established for trails by the City of Tucson Parks Department and Pima County Parks Department.
         b.   Hard and soft surface paths, when required, shall have an average separation of at least five feet to allow for that does not interfere with the paths, except where a reduced width is allowed by the City’s Parks and Recreation Department.
   K.    Along FLD Boundaries
      1.    along FLD boundaries are required in accordance the ’s underlying as provided in Section 6.3.4, Dimensional Standards and Exceptions Tables.
      2.    along FLD boundaries are required in accordance with Section 6.4.5.C, , unless special zoning requirements dictate a greater distance or different point of measurement.
   L.    on Interior
      1.   The requirements of Section 6.3.4, Dimensional Standards and Exceptions Tables, may be reduced for along to the extent permitted by the ’s adopted Codes.
      2.   Along interior , are required, in accordance with Section 6.4.5.C, . The may be administratively reduced by the PDSD based on a finding that the reduced enhances the architectural design or the vehicular circulation in the FLD and a transportation statement is approved by the City’s Traffic Engineering division. A reduction request is considered for approval concurrent with the processing of the or , whichever is applicable.
      3.   Along , are required in accordance with Section 7.4.6.F.2, from and .
   M.   Design Criteria
      1.   Architectural Variation
         a.   Purpose
         To provide architectural diversity, visual interest, and to avoid monotony in architectural design by requiring variations in such architectural treatments as color, finished materials, massing and rooflines, orientation of units, and porches.
         b.   Applicability
         The requirements of this section apply to meeting the following criteria:
            (1)    with 20 or more single- detached residential units except when residential units are on larger than 10,000 square feet or, where are separated by 30 feet or more; or,
            (2)   Elevations of single- detached units a public designated as a collector or in the ; or, a private or public designed and/or designated as a residential .
         c.   Requirements
            (1)   The same architectural elevation shall not be repeated more often than every fourth .
            (2)   Architectural variation may be accomplished by incorporating a minimum of two of the following design features into the affected elevations: different orientation, elevation, placement, roof type, ornamentation, or architectural style. The applicant shall work with the City’s to ensure that adequate variation is achieved.
            (3)    Placement. For FLD with over 20 or more single- detached residential units, no more than 50% of detached residential units throughout the FLD shall be designed with that protrude from or are flush with the front wall of the living area or front porch of the house.
         d.   Architectural Variation Plan Required
            (1)   An Architectural Variation Plan (AVP) demonstrating compliance with the requirements of this section shall be prepared in accordance with the Section 2-06.5.3.E, Architectural Variation Plan, of the Administrative Manual.
            (2)   The AVP shall be included with the , , or permit submittal.
            (3)   An AVP is reviewed and considered for approval as part of the , , or permit review procedure, whichever is applicable, with the included as the reviewer of the AVP. The will review AVPs for compliance with this Section and forward his or her findings and recommendation in writing to the PDSD for consideration of approval.
            (4)   The PDSD ’s decision may be appealed in accordance with Section 3.9.1, Design Review Board Appeal Procedure.
            (5)   Conditions of the approved AVP shall be included as notes on the approved or , whichever applies, and the plan.
            (6)   An AVP shall be approved prior to issuance of a permit.
      2.   Transition Edge Treatment and for Properties
         a.   Transition Edge Treatment
         Where a single- attached or multi- FLD is to existing single- residential , the FLD shall provide buffering in order to preserve the privacy of the existing residential . Examples of buffering include, but are not limited to, , a fence, or a wall. The proposed buffering shall be included as conditions on the approved or .
         b.   Privacy
            (1)   Applicability
            Privacy as required by this section is required when multistory residences are proposed to existing single story residences and the existing residences are zoned R-2 or more restrictive.
            (2)   Prohibited
            Balconies, windows (except for clerestory and translucent windows), or any other feature on an upper floor that overlook the rear and side yards of an residence are prohibited.
            (3)   Privacy Plan
            A Privacy Plan (PMP) is required demonstrating compliance with this section.
            (a)   PMPs shall be prepared in accordance with Section 2-06.5.3.F, Privacy Plan, of the Administrative Manual.
            (b)   PMPs shall demonstrate that adequate measures, such as screening, , mass, , air circulation, and light access are incorporated into the design of the to preserve the existing residents’ privacy.
            (c)   PMPs shall be included with submittal of the tentative or , whichever is applicable.
            (d)   A PMP is reviewed and considered for approval as part of the , , or permit review procedure, whichever is applicable, with the included as the reviewer of the AVP. The will review the PMP for compliance with this section and forward his or her findings and recommendation in writing to the PDSD for consideration of approval.
            (e)   The PDSD ’s decision may be appealed in accordance with Section 3.9.1, Design Review Board Appeal Procedure.
            (f)   Conditions of the approved PMP, including a description of the required and for which units the applies, shall be included as notes on the or , whichever applies, and the plan.
            (g)   A PMP shall be approved prior to issuance of a permit.
      3.    and Passive Solar
         a.   
          should be configured to allow to in accordance with Section 7.3, Solar Considerations.
         b.   Passive Solar
         FLD should incorporate passive solar design when practicable.
      4.   Alternative Compliance.
      Alternative Compliance requests may be considered for projects requiring compliance with Section 8.7.3.M.1. These requests shall be made per Administrative Manual Section 2-06.5.3.E, Architectural Variation Plan.
         a.    Design Professional Review Required
         The Design Professional shall review the request for compliance with the criteria listed below:
            (1)   meets the purpose of the FLD (Sec. 8.7.3.M.1);
            (2)   does not create a safety hazard on an property;
            (3)   does not create a drainage problem on an property;
            (4)   reduces garage dominance in the overall design proposal; and,
            (5)   is found to be a best practice.
         b.    The Design Professional shall submit findings and recommendations to the PDSD Director in writing.
         c.    Best Practices
         For purposes of this section a best practice refers to:
            (1)   design criteria used by a comparable jurisdiction;
            (2)   a study or design used by the ;
            (3)   a report, book, or study prepared by an expert with residential architecture or subdivision design expertise;
            (4)   endorsed methods by a professional organization such as the American Institute of Architects (AIA); or,
            (5)   a comparable study or design concept recommended by the City's Design Professional.
         d.   PDSD Director Approval
         The PDSD Director may approve Alternative Compliance proposals upon making a finding in accordance with Section 8.7.3.M.1.
   N.   Management of Common Properties
   The will provide for the ownership, control, maintenance, and liability of all common areas through the homeowner’s association or joint and several liability of all property owners.
   O.   FLD Phasing Requirements
   An FLD may be phased for construction and ; however, the FLD shall be considered a single for purposes of allowable densities, , common areas, hydrology, and , provided that all of the following conditions are met.
      1.   The entire FLD shall be platted as one , as and other FLD requirements are based on the entire FLD . If the FLD is platted by phase, then each phase shall comply with requirements as a separate , including the following:
         a.    documentation shall allow for the annexation of future phases if designed to work as one ; and,
         b.   If access to future phases is designed to be through the phase being platted, easements or other acceptable legal instruments shall be provided on/with the and documents.
      2.   If the FLD contains common areas, the entire FLD shall be subject to an overall set of comprehensive conditions, covenants, and restrictions which establish the character of the and create an overall . If the documentation for the overall does not indicate responsibility for each phase within the FLD, then the excluded phase shall have its own which will be responsible for owning and maintaining any common area, , natural area, or recreation area within the phase.
      3.   The developer shall submit a document to show how the and will be developed in to the number of residential units developed. The shall be designed to function independently for each phase and as each new phase is added. Such and shall be located to or within developed or developing phases and on property that is or physically connected to the residential in order to provide access between the amenity and the it serves.
      4.   At no time during the construction of the FLD shall the number of constructed residential units per of developed land exceed the overall for the land area in each phase and as approved by the recorded
   P.   FLD Submittal, Review, and Decision
   An FLD shall be prepared, processed, and have a tentative and final or , whichever is applicable, approved prior to issuance of a permit with the following exception. Model homes may be authorized for construction prior to recordation of the final in accordance with Section 8.6.4, Permits for Model Homes.
      1.   Tentative
         a.   A tentative for an FLD shall be prepared in accordance with Section 2-06.0.0, Package, of the Administrative Manual, including Section 2-06.5.0, Flexible Lot Development - Additional Requirements, of the Administrative Manual.
         b.   A tentative for an FLD is processed and considered for approval in accordance with Section 8.4.4, Tentative , with the following exceptions:
            (1)   An applicant shall hold a neighborhood meeting in accordance with Section 3.2.2.C.1.b prior to submitting a FLD application.
            (2)   Notice of the submittal of an FLD application shall be sent to the applicant, property owners within 400 feet of the , and within one mile of the .
      2.   Final
         a.   A final for an FLD shall be prepared in accordance with Sections 2-07.0.0, Final , , , and , and 2-06.5.0, Flexible Lot Development - Additional Requirements, of the Administrative Manual.
         b.   A final for an FLD is processed and considered for approval in accordance with Section 8.4.5, Final .
      3.   
         a.   A is required only if a is not required.
         b.   A for an FLD shall be prepared in accordance with Section 2-06.0.0, Package, of the Administrative Manual, including Section 2-06.5.0, Flexible Lot Development - Additional Requirements, of the Administrative Manual.
         c.   An FLD is reviewed and considered for approval in accordance with Section 3.3.3, PDSD Approval Procedure.
(Am. Ord. 11171, 5/20/2014; Am. Ord. 11320, 11/17/2015; Am. Ord. 11732, 2/19/2020)