Chapter 18.90
SPECIFIC PLANS
Sections:
18.90.050 Specific plan requirements.
18.90.060 Planning and zoning commission review.
18.90.070 Town council review.
18.90.080 Ordinance adoption and amendment procedures.
18.90.090 Plan implementation requirements and procedures.
18.90.010 Purpose.
A. Purpose. The purpose of this chapter is to establish uniform criteria and procedures for the review, adoption and implementation of specific plans within the town of Sahuarita, in order to:
1. Provide an opportunity for the master planning of large-scale developments;
2. Allow for flexibility and enhanced design of development, consistent with the general plan; and
3. Assure that adequate infrastructure, public services and facilities, a mix of uses and open space are provided for new development. [Ord. 2011-052 § 2; Ord. 2011-048 § 1; Ord. 1995-06 § 2.]
18.90.020 Definitions.
A. Definitions. For purposes of this chapter only, the following terms shall mean:
1. “Master assurances” means a commitment in the form prescribed by STC 18.69.070 (Subdivision Standards) guaranteeing the construction and installation of:
a. On-site improvements that will service the blocks as shown on a master block recording; and
b. Mandated off-site improvements that are required to meet the needs of the proposed development and mitigate impacts of the development on the infrastructure serving the greater community.
2. “Specific plan district” means the area proposed or adopted for specific plan zoning.
3. “Standard assurances” means a commitment in the form prescribed by STC 18.69.070 (Subdivision Standards) guaranteeing the construction and installation of all subdivision improvements. [Ord. 2011-052 § 2; Ord. 2011-048 § 1; Ord. 1995-06 § 2.]
18.90.030 General provisions.
A. Ownership and Consent. The written consent of all property owners of record within the proposed specific plan district shall be required at the time of application submittal.
B. Area. The specific plan district shall be a minimum of 10 acres, exclusive of natural open space.
C. Configuration. The proposed specific plan district shall be in such a configuration as to support a well-integrated project. While the initial proposal for a specific plan district may include noncontiguous properties, amendments to specific plans to include noncontiguous areas will not be accepted. [Ord. 2011-052 § 2.]
18.90.040 Application.
A. Staff Consultation. The applicant shall consult with town staff at a pre-submittal meeting prior to application in order to review procedures and possible submittal requirements.
B. Applicant. A specific plan shall be requested by filing a specific plan application with the planning and building department and shall be made only by:
1. The property owner(s) of the subject property; or
2. An agent for the property owner(s); or
3. The town of Sahuarita, upon initiation by the town council.
C. Documentation of Public Meetings. At least one public meeting shall be held prior to application, with mailed notice to property owners a minimum of one week prior to the meeting. The application shall include documentation of all public meetings held prior to application, including meeting notes, attendance list, and a copy of the mailed notice.
D. Submittals.
1. All specific plan applications shall include, at a minimum:
a. A completed and signed application form;
b. A legal description of the property;
c. A precise map showing the boundaries and dimensions of the proposed specific plan district;
d. The written consent of all property owners within the specific plan district and a list, by name and title, of all ownership interest (e.g., individual, corporate, trust or limited partnership) in the property;
e. The letter of authorization for an agent;
f. A statement of findings (refer to subsection E of this section);
g. Site analysis, per STC 18.90.050(A);
h. All of the required elements of a specific plan as listed in STC 18.90.050(B).
2. Specific plan application fees are required at the time of application and are payable to the town in accordance with the fee schedule adopted by town ordinance.
3. Submittals shall be prepared in a format consistent with departmental policy. Incomplete applications shall not be processed.
E. Specific Plan Compliance with General Plan.
1. The applicant must demonstrate that the specific plan proposal is in conformance with the general plan and other town plans.
2. The director of planning and building shall determine if a specific plan application conforms to the general plan within 10 days of submittal.
3. The determination as to whether or not a specific plan is in conformance with the general plan may be appealed to the council, provided such an appeal is requested in writing within 30 working days from the date of the determination.
4. Specific plans determined to not be in conformance with the general plan shall not be set for a public hearing.
F. Staff Review Coordination. The town planning and building department shall coordinate the comments and requirements of applicable town departments and other agencies. [Ord. 2015-098 § 1; Ord. 2011-052 § 2; Ord. 2011-048 § 1; Ord. 1995-06 § 2. Formerly 18.90.030.]
18.90.050 Specific plan requirements.
A. Site Analysis Requirements.
1. A site analysis in accordance with adopted town policy is required. This site analysis shall include:
a. Existing land uses;
b. Topography, including sloped areas of 15 percent or greater and significant features;
c. Soils testing and geology;
d. Vegetation, plant communities and densities;
e. Hydrology, on-site and up and downstream;
f. Riparian areas;
g. Cultural resources;
h. Public facilities in the area;
i. Recreation and trails;
j. Viewsheds;
k. Existing infrastructure;
l. Wildlife, listed, threatened and endangered species and habitat;
m. Traffic and roadways;
n. Well sites.
2. The site analysis shall become part of the adopted specific plan as an appendix.
B. Specific Plan Requirements.
1. Map Elements.
a. Land use conceptual plan and proposed densities in sub-plan areas;
b. Adjacent lots and structures within 150 feet of the plan boundary;
c. Open space, recreational facilities, parks, and trails;
d. Public, educational, and religious facilities;
e. Drainage plan;
f. Areas affected by the hillside development overlay zone (Chapter 18.61 STC) or other overlay zones;
g. Grading concept;
h. Open space, cultural resources, wildlife habitat and native plant preservation plan. Cultural resources may be mapped separately and that information shall not be a part of the published materials;
i. Infrastructure and public facilities;
j. Circulation concept plan, including all modes of travel;
k. Name, location and extent of existing or proposed major and collector streets located within the planning area needed for servicing the project; and
l. Location and extent of existing or proposed provisions for sewage disposal, effluent use, storm water drainage, solid waste disposal and public utilities.
2. Text Elements.
a. The detailed regulations and programs for the systematic implementation of the specific plan, including plan amendment procedures and regulations and density transfer limitations (refer to STC 18.90.080(B));
b. Specific development standards for the map elements;
c. Hydrology analysis;
d. Standards for the phasing, construction and maintenance of major and collector streets proposed for the planning area or needed for servicing the project;
e. Standards for the phasing, construction and maintenance of sewage disposal, effluent use, storm water drainage, solid waste disposal and public utilities;
f. Standards for the conservation, development or utilization of natural resources, including surface water, soils, vegetation and wildlife;
g. The methods of conservation (if any) for scenic natural and built features and viewsheds;
h. General landscape program;
i. For single-phase plans, a draft schedule for the preservation of site features established by the plan and the construction, dedication and provision of public services;
j. For multi-phased plans:
(1) A draft phasing schedule for the preservation of site features established by the plan, the development of the various master blocks of the specific plan, and the construction, dedication and provision of public services; and
(2) The draft form of master assurances to be recorded prior to ordinance adoption;
(3) The plan text shall specify how and to what extent the plan is to supplement or supersede adopted town zoning regulations;
k. Specific plan administration, interpretation, amendment, and other procedures; and
l. Development standards, including design standards, for all building and use types. [Ord. 2011-052 § 2; Ord. 2011-048 § 1; Ord. 1995-06 § 2.]
18.90.060 Planning and zoning commission review.
A. Staff Review.
1. The applicant shall submit the specific plan and site analysis to the town planning division for review and comment.
2. The plan shall be reviewed as follows:
a. Planning staff shall review the documents and notify the applicant of their adequacy for commission public hearing and the determination regarding compliance with the general plan within 30 days of submittal.
b. Unless the applicant chooses to make modifications to the original submittal, planning staff shall schedule the plan for public hearing.
3. When the specific plan request is scheduled for public hearing, the planning department shall prepare a report which, at a minimum:
a. Discusses and determines the extent to which the proposal is in compliance with both the land use intensity categories of the general plan and plan policies, STC 18.89.070;
b. Assesses the site analysis;
c. Analyzes the expected impact of the proposed development on the site and surroundings;
d. Contains a departmental recommendation to the commission;
e. Recommends (if necessary) special regulations for the proposed specific plan;
f. Includes the comments and conditions of other affected town departments and public agencies.
4. Availability of Report. The staff report shall be available for public inspection seven days prior to the date of commission public hearing.
B. Study Session.
1. A planning and zoning commission study session for review of the specific plan may be scheduled prior to the public hearing on the specific plan. At the discretion of the chair of the commission, and after proper notice, the study session may be held at the specific plan site.
2. At the study session, copies of the site analysis and proposed specific plan that have been accepted for public hearing shall be available and the applicant shall describe significant deviations by the specific plan from existing regulations and the proposed density transfer mechanism.
C. Public Notice.
1. A minimum of 15 days prior to the hearing, the planning and building department shall provide notice by:
a. Publication once in a newspaper of general circulation in the town; and
b. The applicant for specific plan is also required to post the property to be considered at the hearing with a minimum of one four-by-eight-foot sign with public hearing and project information as approved by the planning and building department. In addition to this minimum requirement, parcels with more than one street frontage shall require one additional four-by-eight-foot sign for each adjacent street frontage exceeding 300 feet in length. All signs shall be placed parallel to the roadway and in the most visible location available. The applicant shall be responsible for all costs associated with the posting requirements as well as coordinating the posting. The sign(s) shall be installed on the property no more than 30 days nor less than 15 days prior to the public hearing and the applicant must remove the sign no sooner than 15 days nor more than 30 days after final disposition of the case; and
c. Mailing written notice to all property owners within the specific plan district and all property owners within 600 feet of the district.
2. Expansion of Notice. The commission may expand the notification area to greater than 600 feet, which shall be noticed prior to a public hearing.
3. Failure to provide written notice to, or the omission of the name of, a property owner shall not invalidate an action of the commission.
4. When the area of the specific plan district is smaller than the area defined by the property line boundaries of parcels included in the specific plan, the notification area shall be measured from the property line boundaries, unless the planning and building director determines that it is not necessary for public awareness of the proposal.
D. Public Hearing.
1. After proper public notice, the planning and zoning commission shall hold a public hearing on the application, at which all interested parties shall be heard.
2. The commission shall recommend regulations necessary to protect the public health, safety and welfare, and may recommend regulations unique to the plan or special instructions for plan administration.
3. The commission may continue the public hearing, for a definite time not to exceed three months, on its own initiative or at the request of the applicant or affected property owners.
4. After the public hearing, the planning and building department shall transmit the findings and recommendations of the commission to the town council, except as provided in subsection E of this section.
5. The planning and building department may also transmit alternative recommendations when staff and commission opinions differ.
E. Department Evaluation.
1. The planning and building department is authorized to evaluate recommendations of the commission when enforceability is uncertain.
2. If such evaluation results in, or implies, a change in intent, as determined by the town’s legal department, the evaluation shall be submitted to the commission for its decision prior to transmittal of commission findings to the town council.
3. All evaluations shall be submitted to the commission for noticed public hearing at the next regular commission public meeting.
F. Limitations on Process.
1. Staff will schedule the proposed specific plan on the next available public hearing before the town council, subject to compliance with all public notice requirements, after the commission has made a final recommendation, unless the applicant requests a delay of no more than three months.
2. Upon written request to the planning and building director, a single 30-day extension may be provided. [Ord. 2015-098 § 1; Ord. 2011-052 § 2; Ord. 2011-048 § 1; Ord. 2008-12 § 2; Ord. 1995-06 § 2.]
18.90.070 Town council review.
A. Public Notice. Public notice of the town council hearing shall be provided in accordance with STC 18.90.060(C).
B. Protest Petition and Voting Requirement.
1. A three-fourths vote of all members of the town council shall be required for approval if written protest submitted to the town council prior to the start of the public hearing totals at least 20 percent of the owners of property, by area and number, within 150 feet of the specific plan district.
2. Protest shall be evaluated in accordance with town of Sahuarita rezoning and specific planning protest petition guidelines, as may be adopted. In calculating protest by area, only that portion of a lot or parcel of record situated within 150 feet of the specific plan district shall be included. In calculating protest by number or area, public property and public rights-of-way shall not be included.
3. Written withdrawals of protest to a specific plan may be submitted until the close of the town council public hearing.
C. Public Hearing.
1. After proper public notice, the town council shall hold a public hearing on the application, at which all interested parties shall be heard.
2. The town council may continue the public hearing, for a definite time not to exceed nine months.
3. The town council may approve the specific plan, amend planning and zoning commission recommendations or approve additional specific plan conditions, or deny the request. Substantial changes shall be referred to the commission in accordance with STC 18.90.080(C). [Ord. 2011-052 § 2; Ord. 2011-048 § 1; Ord. 1995-06 § 2.]
18.90.080 Ordinance adoption and amendment procedures.
A. Specific Plan Ordinance Adoption.
1. The town council may add conditions at a public hearing after the date of approval and before ordinance adoption when such additions are determined necessary for the public health, safety or welfare.
2. The town council shall adopt an ordinance changing the zoning district to the specific plan district no later than 30 days after specific plan approval.
3. Existing zoning and the land use plan recommendation for the property shall remain in effect and permits based on the approved specific plan shall not be issued until a specific plan ordinance for the property is adopted by the town council.
4. Upon adoption of the specific plan ordinance, the specific plan shall become the zoning district of the subject property and shall replace the existing zoning designation on the official town zoning map.
B. Density Transfer.
1. The planning and building director may permit the transfer of densities to more suitable locations within the specific plan; provided:
a. The locations and procedures for such transfers are explicitly stated within the plan; and
b. The overall density of the plan is not exceeded.
2. The specific plan shall designate density donor and recipient areas within which density transfers are permitted. In areas adjacent to uses of similar or less intensity, appropriate buffer areas shall be delineated by an individual specific plan to be designated only as donor areas.
3. The total number of units transferred to a recipient area shall not exceed 10 percent of the number of dwelling units established for the area; individual specific plans may establish a lower maximum transfer percentage. Any transfer greater than the established maximum transfer percentage is a substantial change (refer to subsection C of this section).
C. Specific Plan Substantial Changes.
1. Scope. All specific plans shall describe in sufficient detail the criteria and process for amendment based on the minimum requirements of this section.
2. Consistency. All specific plan amendments shall be in substantial conformance with the remainder of the specific plan and shall be in compliance with the general plan.
3. Procedure.
a. The owner or agent of the property may submit to the planning department a written application to amend one or more of the specific plan regulations.
b. The request shall be accompanied by documentation of unforeseen changes in the marketplace, government regulations or natural conditions that have occurred since plan adoption.
c. The planning and building director shall determine if the amendment would result in a substantial change in plan regulations, which is a change in a:
(1) Density regulation, if the number of residences per acre increases by more than 10 percent or exceeds the maximum number of dwelling units (dwelling-unit cap) permitted within the plan; or
(2) Policy regulation, when the regulation is a policy or a variation of a policy contained in an applicable land use plan; or
(3) Design regulation, when change is to be made to quantified physical dimensions (such as buffers) which were established to adapt the plan to specific site characteristics or mitigate development impacts on the site and surrounding area; or
(4) Use regulation, when a use not otherwise permitted in the specific plan is sought.
d. If the request is determined to be an insubstantial change, the proposed amendment shall require a noticed public hearing and action by the town council. The required public notice for an insubstantial change shall be by publication once in a newspaper of general circulation in the town a minimum of 15 days prior to the hearing. In addition, the town council may refer any amendment request to the planning and zoning commission for its recommendation prior to taking action.
e. If the request is determined to be a substantial change, the planning and building director shall refer the request to the commission for noticed public hearing and recommendation prior to public hearing by the town council. If the substantial change is a change in density of land use regulation, the public notice shall be in the same manner as that for a rezoning, per STC 18.91.060. If the substantial change is a change in policy regulation or design regulation, the public notice shall be in the same manner as that for a code amendment, per STC 18.01.070.
f. A substantial change may require, as determined necessary by the planning and building director, submittal of an amended site analysis.
g. Specific plan substantial changes and ordinance amendments that occur after town council’s approval of the specific plan are subject to protest petition procedures. For all hearings, the planning division shall prepare a staff report in accordance with STC 18.90.060(A). [Ord. 2015-098 § 1; Ord. 2011-052 § 2; Ord. 2011-048 § 1; Ord. 1995-06 § 2.]
18.90.090 Plan implementation requirements and procedures.
A. Plan Administration. The planning and building department is the lead agency for the administration of specific plans and shall coordinate the procedures and review by applicable town departments and other agencies.
B. Plan Implementation Procedures.
1. The implementation of specific plans shall be in accordance with the procedures of this code.
2. Specific plans may establish additional implementation procedures, provided such methods are not in conflict with required procedures and are fully described by the specific plan.
C. Assurances.
1. Standard assurances in accordance with STC 18.69.070 (Subdivision Standards) are required for specific plans that include the subdivision of land.
2. Master assurances are required for specific plans that comprise phases of development that are to be established by master block recording, or, at the discretion of the town engineer, for specific plans that will not be subdivided.
D. Plan Implementation Monitoring.
1. The principal owner or developer of the specific plan shall prepare an annual implementation monitoring report for review by applicable town departments and submittal at public hearings by the planning and zoning commission and the town council.
2. The report shall describe in acceptable form and detail:
a. Project adherence to schedules established by the specific plan;
b. The number of dwelling units proposed, platted and permitted, and the allocation of the balance of approved units;
c. A record of zoning violations charged to the project; and
d. Such items as shall be established by adopted town policy.
E. Plan Enforcement. The enforcement of specific plan regulations shall be in accordance with Chapter 18.95 STC (Compliance and Enforcement).
[Ord. 2015-098 § 1; Ord. 2011-052 § 2; Ord. 2011-048 § 1; Ord. 2006-06 § 13; Ord. 1995-06 § 2.]