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(A) Protected development right plan approvals. The City Council shall consider for approval protected development right plans submitted in accordance with A.R.S. §§ 9-1201 through 9-1205, as amended, and the procedures set forth in this section of the City Code.
(1) Protected development right plan. A city-approved development plan or subdivision plat, which at a minimum, describes with a reasonable degree of certainty:
(a) The proposed uses of the site;
(b) The boundaries of the site;
(c) Significant topographical and other natural features affecting development of the site;
(d) The number of dwelling units or other structures; and
(e) The location of all existing and proposed utilities and a provision for other infrastructure on the site, including water, sewers, roads and pedestrian walkways.
(2) Phased development. For purposes of consideration and approval of protected development right plans, a phased development is a master planned development which:
(a) Consists of at least 40 acres depicted on a single master subdivision plat for a residential development;
(b) Consists of at least 20 acres depicted on a single master planned subdivision plat or development plan for a nonresidential development;
(c) Is the subject of newly adopted planned unit development (PUD); or
(d) The City Council have identified as a phased development for purposes of protected development rights.
(3) A plan or subdivision plat for other than a phased development. A plan or subdivision plat for other than a phased development may be considered a protected development right plan only if, in addition to the foregoing requirements, it describes with a reasonable degree of certainty the square footage, height and general location of proposed buildings, structures and other improvements and provides the final site development approval needed for issuance of a building permit.
(Ord. O2005-47, passed 7-6-2005)
(B) Grant of protected development right. A protected development right shall be granted upon approval by the City Council of a plan identified at the time it is submitted as a protected development right plan.
(C) Effective date of protected development right. A protected development right shall be deemed established with respect to a property on the effective date of City Council approval of a protected development right plan.
(D) Duration of protected development right. The duration of the protected development right shall be three years for a non-phased development and five years for a phased development, with a single two year extension permitted at the discretion of the City Council in either event.
(E) Modification of development plan expiration dates. A development plan that has been designated a protected development right plan shall expire upon termination of the protected development right. If a building permit has been issued before the date of termination of a protected development right, the protected development right remains valid until the building permit expires, but in no event for longer than one year.
(F) Conditions or variance. A protected development right plan approved with conditions, or stipulation that a variance be obtained, does not confer a protected development right until the conditions are met or the necessary variance is obtained.
(G) Health and welfare exception. The protected development right shall not be applicable to matters of health and welfare, as set forth by either the United States Environmental Protection Agency or the Arizona Department of Environmental Quality/Department of Health Services.
(Ord. O2010-32, passed 7-7-2010)