Chapter 18.40


18.40.010    Purpose.

18.40.020    Permitted uses.

18.40.030    General requirements and standards.

18.40.040    Master development plan submittal requirements.

18.40.050    Application and procedures.

18.40.060    Planning and zoning commission review and hearing.

18.40.070    Town council consideration and hearing.

18.40.080    Building permit issuance.

18.40.090    Method for withdrawing an application for PAD approval.

18.40.100    Amendments to PAD approval.

18.40.110    Denial of request.

18.40.010 Purpose.

The planned area development (PAD) zoning district is intended to provide an alternative to the conventional zoning and development processes in the town of Taylor, Arizona (town), in order to achieve the following purposes:

A. To ensure orderly planning and review procedures that will result in superior design, with variety in architectural and site design using techniques including, but not limited to, variations in building styles, setbacks, lot arrangements, and site planning;

B. To promote economical, innovative, and efficient land use, with emphasis on utilizing existing infrastructure, improving amenities, with appropriate and harmonious variety, creative design, and sensitivity to the surrounding land uses and the natural environment;

C. To provide for a zoning district that encompasses a broad range of land uses including, but not limited to, single-family and multifamily residential, professional and administrative offices, retail, service, hotel and resort, light industrial or employment, recreational, and any public or semi-public use or combination of uses through the adoption of a master development plan (MDP) which sets forth land use relationships, development standards, and goals consistent with the town of Taylor general plan;

D. To encourage a more creative approach to land utilization by creating efficient, aesthetic, and desirable developments, which may be characterized by incorporating special features of the geography, topography, size, uses, or shape of a particular property into its site planning;

E. To permit flexibility in design standards so that a PAD produces a choice in the type of environment, living units, commercial installations, and other facilities available to the public while maximizing efficient, aesthetic, and desirable use of open space;

F. To promote a unique yet compatible development that is in harmony with the surrounding land uses and the goals of the town of Taylor general plan;

G. To provide a device for averaging residential density over an entire parcel and placing no restrictions on lot size or dwelling types, as long as the total density does not exceed the maximum approved in the MDP; and

H. To provide standards to ensure that PAD projects are developed with high-quality, integrated site design, complementary building architecture, efficient and safe traffic circulation, appropriate landscaping, preservation of significant natural features, and attractive site amenities. [Ord. 2016-02 § 1; Ord. 73 § 1, 2004. Code 1983 § 12-2-7(A).]

18.40.020 Permitted uses.

A. All uses designated in the approved MDP together with permitted accessory uses.

B. Uses subject to a conditional use permit designated in the approved MDP. [Ord. 2016-02 § 1; Ord. 104 § 2, 2007; Ord. 73 § 1, 2004. Code 1983 § 12-2-7(B).]

18.40.030 General requirements and standards.

A. The land uses and design of the proposed PAD shall be consistent with the goals, objectives and policies as described in the town general plan.

B. The provisions of Chapter 18.75 TTC, Administrative Procedures, shall be replaced with the requirement for a PAD with the submission of a master development plan (MDP) as described in this section.

C. The uses allowed within each PAD shall be limited to those listed in the approved MDP for that development. The number of dwelling units and/or gross commercial/industrial square footage shall also be limited by the approved MDP.

D. In general, a variety of housing types shall be encouraged for residential planned area developments, so as to provide for the diverse needs of the community. Parcel densities within the PAD may be flexible as long as the maximum number of dwelling units established for the entire PAD is not exceeded.

E. Generally smaller, infill-type PADs, which include only one housing type, such as all detached or all attached units, or one type of commercial use, shall not be considered inconsistent with the stated purposes and objectives of this section and shall not be the sole basis for denial or approval of the PAD. The overall quality of the development and compatibility with surrounding development shall be considered in the evaluation of an infill PAD.

F. Commercial development in a PAD may provide for a variety of commercial and/or industrial/employment uses. The total square footage for commercial/industrial uses may be flexible from parcel to parcel within the maximum allowable number of square feet of commercial/industrial usage for the entire PAD as established by the MDP.

G. Development which includes a mix of residential and commercial and/or other nonresidential uses shall include specific standards in the MDP to address the manner in which compatibility of uses is established.

H. General provisions of the zoning ordinance shall apply for any general development standards not specifically a part of the PAD approval.

I. There is no minimum size for a proposed PAD site; however, if proposed for an infill or redevelopment site, the size of a PAD will be reviewed in the context of the property’s location and surrounding uses.

J. There shall be no minimum lot size requirement for individual lots; however, proposed lot sizes will be reviewed in the context of the general plan goals and objectives for that property, as well as the overall site plan, building layout and design quality for the development.

K. Proposed standards shall be reviewed and approved based upon compatibility with adjacent land uses, the placement of buildings within the parcel, and conformance with building codes and fire safety requirements.

L. Land uses on the perimeter of the PAD shall be designed and developed to be compatible with and complementary to the existing and planned development reflected on the general plan in the immediate vicinity of the proposed PAD.

M. PADs located on the perimeter of the town boundary or abutting National Forest lands or designated open space shall provide an appropriate approach for transition and/or buffering between abutting land uses so as to ensure appropriate compatibility of uses. Such transition may be addressed by stepping down the density of residential development, providing additional development setbacks and/or additional open space and landscape buffering between the PAD development and abutting land uses.

N. PADs located adjacent to National Forest lands, public parks or designated open space shall be evaluated to identify opportunities for providing nonmotorized trail access from within the development to abutting public lands. Locations for any such trail routes or access points shown on the PAD site plan shall be coordinated with the abutting land management agency to ensure appropriate planning and approval for their development.

O. Unless modified pursuant to this chapter, all PADs shall be subject to the applicable provisions of the town of Taylor zoning ordinance, the subdivision ordinance, and pertaining to off-site improvements and all other applicable codes, ordinances and regulations, unless exceptions are specifically granted through the PAD rezoning process. [Ord. 2016-02 § 1.]

18.40.040 Master development plan submittal requirements.

A. An application for PAD zoning shall be submitted in the form of a master development plan (MDP). The MDP shall be a separate document that includes a detailed project narrative, supporting exhibits describing the proposed uses, development standards, design guidelines, project phasing data, maintenance responsibilities and other supporting documentation, as well as detailed graphic exhibits, including proposed site plan, landscape plan, building designs, and other project elements, as required.

B. The MDP shall by submitted in an eight-and-one-half-inch by 11-inch ring binder format with the following information included:

1. Title page indicating the project name, location, applicant/s and master developer/s contact information and date of submittal.

2. Table of contents.

3. Project Narrative. A project narrative summarizing the proposed development and identifying the objectives and rationale for the proposal shall include at a minimum the following information:

a. Proposed name of development;

b. Name, address, phone numbers and contact information for applicants and property owners;

c. Description of the location of the proposed project, including parcel numbers, addresses, if available, and closest streets;

d. Summary of the proposed land use areas and the development standards for each use and/or parcel within the PAD, including:

i. Proposed number of dwelling units, dwelling unit type/s, total land area, gross density of project area and net densities of residential sub-areas;

ii. Proposed uses other than residential, total land area, and maximum square footages/floor area ratios associated with commercial/ industrial uses;

iii. A preliminary parcel data table to include parcel numbers, size of parcels, existing zoning, existing uses and proposed uses;

iv. Proposed public streetscape and open space improvements and their relationships to the overall development;

v. Summary of proposed property development standards, including building heights, minimum lot areas, yard setbacks, and all other development standards;

vi. A conceptual description of architectural theme, colors, and exterior building materials proposed for use in the PAD;

vii. A conceptual description of the landscaping treatment, plant materials, fences, walls, and other open space improvements;

viii. Proposed location of arterial, collector, or local streets, whether public or private, within a preliminary master circulation plan;

ix. Proposed location and use of all lands proposed to be dedicated for public purposes including parks, stormwater retention areas, and school sites; and

x. Preliminary master water, sewer, and drainage report;

e. Project Objectives. A description of the objectives to be achieved by the development concept, including, but not limited to:

i. The manner in which the proposed MDP meets or exceeds the intent of the PAD;

ii. The proposed overall design rationale, as well as architectural and site design concepts, including style, colors, type of materials, and rationale for placement of structures to maximize views and take advantage of the natural characteristics of the PAD site;

iii. Specific concepts by which the proposed MDP will make an orderly transition from existing or planned adjacent development including varied setbacks and facade treatment, open space elements, screening of parking areas, and landscaping of the public or private open spaces and recreational facilities; and

iv. A discussion of visual, traffic, or drainage impacts and compatibility with surrounding land uses and consistency with the general plan;

v. Provide analysis of proposed residential density, mixed use issues, neighborhood quality, and other qualitative issues. Include a comparison of the existing zoning regulations in relation to the proposed standards for the PAD, including density, setbacks, and permitted uses.

4. General Plan Review. The general plan is established, as per state statutes, as a guide for the long-range growth and development of the community. A proposed change of zoning must be in conformance with the land use category as designated on the land use map to be approved. Additional policy direction regarding growth and development is provided in each of the general plan elements. Provide a brief review of how the proposed development conforms to the general plan elements, as follows:

a. Provide a statement indicating how the proposed development conforms to the land use category or categories indicated on the general plan land use map. Also provide a review of how the proposed development conforms to the narrative text and local strategies indicated in the applicable land use planning area for the proposed development. Indicate and discuss any special study areas or other unique features within the applicable plan area map.

b. Provide a statement indicating how the proposed PAD meets the intent of the general plan goals, objectives and policies for each of the general plan elements, including community vision, housing, economic development, circulation, open space, growth area, environmental planning and water resources.

5. Graphic Exhibits. Provide eight-and-one-half-inch by 11-inch reductions of the proposed site plan, landscape plan, building plans and elevations, and other exhibits necessary to describe the proposed development, including the following:

a. A conceptual development site plan for the proposed PAD showing existing and proposed parcel boundaries, building locations, pedestrian and vehicular circulation systems, parking areas, landscaped areas, right-of-way and open space areas.

b. A vicinity map adequately identifying the project location in relation to surrounding development and circulation systems. Indicate the zoning on surrounding parcels.

c. Aerial photo of the subject property with the subject property identified.

d. Photographic exhibits of the subject property displaying any existing development or natural features.

e. Other exhibits as necessary to describe the proposed project.

6. Property Development Standards. Flexibility with development standards may be considered where superior design quality is provided resulting in a more innovative, creative project. Provide a detailed summary of proposed development standards for the project, including the following:

a. Minimum lot sizes, building setbacks, minimum yard standards, maximum height, maximum lot coverage and similar standards, as applicable.

b. Describe proposed standards for parking, lighting, signage, and landscaping.

c. Unique development standards, such as buffering and screening between uses, project entry features, or other requirements related to the physical development of the project.

7. Design Guidelines. The design guidelines section of the MDP shall describe both the overall development theme and specific design details for buildings and structures, site walls, signage, lighting, landscape features, paving, and similar project elements. It is the intent of the PAD standards that each project will be developed with an integrated design theme that defines the character of the development. The applicant shall develop and provide proposed design guidelines for the project to include the following:

a. General Guidelines.

i. Describe the architectural theme for the development and provide graphic examples where necessary to illustrate how the design theme applies to various elements of the development.

ii. Provide design details for buildings, site features, site walls, signage, lighting, landscaping, pavement and other project elements.

iii. For large-scale residential development, provide a variety of housing types (single-family, apartments, and townhouses), housing densities (lot width, depth and size), and home design (different floor plans, elevations and orientation). Residential planned development shall be encouraged to include a variety of housing types and designs; however, the actual project size where variety needs to be incorporated shall be evaluated based on the general plan designation, existing conditions, surrounding context and other unique conditions.

iv. Garage doors and carport openings need to be located at the same distance or farther back from the street frontage than the primary dwelling so as to avoid a neighborhood street environment dominated by garage doors or parking structures.

v. Provide graphic exhibits, as necessary, to describe specific details related to the design guidelines, including building design, paving, landscaping, site walls, sign structures, lighting or similar features.

b. Site Features.

i. Provide details for project entry features, including decorative walls, landscaping, project identification signage and other design elements.

ii. Provide details for perimeter site walls. Walls should be appropriately detailed to enhance the quality and character of the project. Incorporate treatments such as stucco finish, textured block, brick, decorative cap block, combination block/wrought iron, and integration with adjacent landscaping. Wrought iron, view-type fences should be utilized adjacent to retention basins, open space, and recreational amenities. Chain link fences and standard block walls shall be avoided where visible from streets or surrounding properties.

iii. Design outdoor lighting to address safety and utility, as well as to enhance the character of the buildings, landscaping and site features.

c. Building Design.

i. Provide a summary of the proposed materials and colors for the development. Describe exterior materials and colors of building components, including walls, windows, doors, and roofs. Reproductions of color samples may be included in the MDP for reference with a separate set of manufacturer’s material and color samples provided for public hearing review.

ii. Although it is the intent of this chapter to encourage a coordinated design theme for the PAD, variety in the design of individual buildings and residences is strongly encouraged, including variety in building massing elements, roofing materials and exterior details.

d. Streetscape Design.

i. Provide graphic details and descriptions of streetscape design for various types of streets, including local residential streets, commercial or mixed use streets, parkways and connector streets. Indicate pavement details, landscaping, site walls and unique signage to be incorporated in the typical streetscape design.

ii. Provide details of street landscaping, including proposed tree varieties.

The landscaping shall be designed to enhance the aesthetic quality of the development and to integrate with the surrounding natural environment.

e. Neighborhood Design.

i. Indicate how the plan provides a coherent system of neighborhood elements, including interconnected residential blocks, orientation of homes to the street, open space and parks, and safe, convenient and interconnected pedestrian connections.

ii. Provide adequate buffering and/or screening from less compatible neighborhood elements, such as arterial and collector streets, and adjacent nonresidential uses.

8. Circulation Standards.

a. The arrangement, character, extent, grade, width, and location of all roadways, streets, bike paths, or trails shall conform to applicable town standards, unless adjusted for specific topographical or developmental conditions in accordance with an approved traffic engineering study.

b. The need to conduct a traffic impact study shall be based on the land use and size of the development. Residential development with 50 dwelling units or more in total and/or commercial development with 100,000 square feet in gross floor area or greater and/or industrial development with 200,000 square feet in gross floor area or greater, including all development approved for phased development, shall be subject to the requirements for conducting a traffic impact study.

c. The town engineer shall review the traffic impact study based on the following conditions:

i. Existing traffic problems or congestion;

ii. Public concerns regarding the development;

iii. Negative impacts on adjacent developments;

iv. The circulation conditions propose a deviation from town of Taylor standards; or

v. Other local issues that may be present.

d. Where the need for a traffic impact study has been identified, this study should be completed and submitted to the town engineer for review prior to the planning and zoning commission hearing. The developer shall estimate the numbers of trips generated by the development and confirm the category of the study with the town engineer before submitting the report. Traffic impact studies for the town of Taylor are classified into three categories:

i. Category I: developments that generate between 100 and 300 vehicle trips during any peak hour.

ii. Category II: developments that generate between 300 and 750 vehicle trips during any peak hour.

iii. Category III: developments that generate more than 750 vehicle trips during any peak hour.

e. Where such is not shown on the general plan, adopted transportation plan, specific area plan or preliminary plans, the arrangement of streets, bicycle facilities and trails shall provide continuation or appropriate projection of existing streets, bicycle facilities and trails in surrounding areas. Streets, bicycle facilities and trails shall be designed to make the best use of the land features and open space requirements, in addition to meeting public safety issues.

f. Planned development shall provide for adequate traffic circulation that incorporates the adopted town street functional classification system to handle the projected traffic volumes on the streets.

g. Individual home lots should not front onto collector or arterial streets.

Options include orienting the rear of lots to such streets, side orientation at local street intersections, and the creative use of open space, retention areas and screening techniques between the street and the rear of properties.

h. Neighborhood streets should be designed to enhance neighborhood integrity and safety, encourage pedestrian activity, and provide logical connections to major activity centers (e.g., parks, schools, recreation facilities). The local street pattern should emphasize traffic calming techniques with short loops, cul-de-sacs, and gently curving streets.

i. Streets and street systems within the proposed development need to be designed to provide interconnection with surrounding development and neighborhood streets. Linear streets that encourage cut-through traffic should be avoided unless they are specifically identified in the general plan as collector or arterial streets.

j. The minimum width of right-of-way, measured from lot line to lot line, shall be as established in the MDP based on town subdivision standards. Proposed streets shall extend or project existing streets at their same or greater width, but not at a width less than prescribed by the subdivision standards. Notwithstanding the foregoing provisions of this subsection (B)(8)(j), streets that are narrower than permitted by subdivision standards may be approved if it can be demonstrated that a narrower street will serve the function of efficient site planning and convenience for the residents/occupants and still satisfy public safety issues.

k. Access to development fronting on state highways must be in compliance with ADOT standards, including the established access management plans for those routes. Documentation must be provided from ADOT to ensure compliance with standards and requirements.

l. Traffic calming techniques shall be incorporated in the street layout for planned area developments where such calming of traffic is deemed desirable for supporting neighborhood values and improved quality of life. Effective traffic calming programs combine physical design concepts in the engineering of the street environment with traffic management programs that alter driver behavior, so as to reduce neighborhood traffic speeds and/or cut-through volumes in the interest of improving street safety and general neighborhood values. Traffic calming techniques shall include the following:

i. The incorporation of traffic calming techniques shall be based on carefully considered engineering principles for the design, placement and spacing of such features, as described in standards and guidelines produced by the Federal Highway Administration (FHWA), the Institute for Transportation Engineers (ITE), or similarly recognized professional standards; and

ii. Traffic calming techniques shall include features such as intersection chokers, mid-block swellings, short block design, roadway deflections referred to as chicanes, traffic islands, center island refuges, textured pavement, speed tables, roundabouts, mini-circles and similar measures.

9. Open Space Standards.

a. Open space shall be designed as an integral part of the development. The designation of open space includes both undisturbed natural areas and developed landscape components. Open space should be designated to provide interconnection and continuity between undeveloped areas to the greatest extent possible so as to address the health of the environment, habitat protection and natural process. Additional objectives to be addressed by open space shall include buffering, screening, transition and similar design-based objectives.

b. Open space shall not be less than 30 percent of the gross acreage of the parcels within the PAD proposed for residential and mixed-use development, excluding public and private road rights-of-way; and not less than 10 percent of the gross acreage of the parcels within the PAD proposed for commercial or industrial development, excluding public and private road rights-of-way, unless off-setting community benefits are demonstrated and approved in the MDP. Specific parcel allocations of open space may be required as part of the 30 percent and 10 percent overall requirements.

c. Additional area for open space may be required as a condition of approval for PAD zoning based on the need for additional buffering between uses or the need to address preservation of unique natural aspects of the site, including washes, hillsides and other features identified as significant.

d. Open space shall be conceptually depicted on the MDP as:

i. Dedicated municipal use, public parks, and school sites;

ii. Bike paths, equestrian, and/or hiking trails;

iii. Public or private park and recreation areas;

iv. Floodway and floodplain areas designated as undeveloped areas;

v. Retention basins required to comply with the 100-year storm shall be counted as open space when improved or landscaped to be a cohesive and integral element of the overall landscape plan;

vi. Landscape yards that are adjacent to streets or common areas and that are designed as commonly maintained and interconnected areas;

vii. Development site enhancements, including landscapes and hardscaped areas, plazas, and courtyards; and

viii. Existing natural areas, including washes, drainage courses, riparian areas, hillsides, ridge lines, and other natural open space areas.

e. Required open space area shall not include any of the following:

i. Dedicated streets, alleys and other public rights-of-way, except that all landscaping within rights-of-way shall be included;

ii. Vehicular driveways, parking, loading, and storage areas;

iii. Reservation of municipal use, public park, or school sites which the governmental entity shall be required to purchase; only if such sites are dedicated as open space shall they constitute open space as defined above;

iv. Concrete channels or rock lined areas designed primarily as a drainage channel. This does not include natural washes that may include some areas with rip rap treatment or minor rock lined features to augment erosion control; and

v. Yards within residential areas of a PAD that are not otherwise included as part of a commonly maintained, integrated landscape.

10. Landscape Standards. Proposed landscape standards shall be in compliance with landscaping requirements of this chapter and the subdivision standards. Any variation proposed for the PAD must clearly indicate an improvement to the adopted subdivision standards. In addition, the following is required:

a. Provide a master plant list for the development indicating trees, shrubs, groundcovers and other plants. Indicate proposed varieties for street trees and parking lot trees.

b. Describe techniques to ensure low water use landscaping will be provided, including xeriscape landscape treatment, greywater use and rainwater harvesting methods.

c. In addition to a master landscape plan for the development, provide graphic details for typical landscape installations, including development entry features, parks or common areas, building landscaping, parking lots, pedestrian walkways, typical streetscape and similar applications.

11. Statement of Water Use. For development that proposes to exceed the number of dwelling units allowed by the existing zoning classification, provide a statement comparing a likely range of water use for the proposed development in comparison to development under the current zoning. Contact the town of Taylor utilities department to obtain current data regarding average household water use for the town.

12. Phasing Plan. Describe proposed phasing of the development, if any, and indicate the phase lines on the site plan.

a. Interconnected public streets, sidewalks, drainage features and infrastructure may be required to be installed with the initial phase of development so as to adequately address public safety access, coherent development and functionality of facilities. The proposed phasing plan needs to indicate how adequate, safe, convenient and efficient circulation and infrastructure needs will be addressed with the phasing plan.

b. A PAD plan may be constructed in phases and the PAD narrative shall specify the phases of development, locations and timing of on-site and off-site improvements for each phase, as well as an estimated range of time for beginning and completion of each phase. Financial assurance shall be required for phases necessary to comply with general plan compliance.

c. Requests for minor modifications to the phasing plan shall be subject to approval by the director with a right of appeal to the town council.

d. The applicant may enter into a development agreement with the town providing for the timing, sizing, and funding of phased infrastructure improvements required for the PAD or may use any alternative mechanism acceptable to the town.

e. Disturbed areas approved for future phased development shall include dust free surfacing and/or temporary landscaping. Additional site treatments may be required for future development areas located next to public streets or adjacent to existing development.

13. Operations and Maintenance Responsibilities. Identify the ownership and maintenance responsibilities for common areas and landscaping within rights-of-way and require the homeowners association, improvements district, or other mechanism to assure long-term maintenance of common areas and rights-of-way.

a. In the event that certain land areas or structures are provided within the PAD for private recreational use or as service facilities, the owner of such land and buildings shall establish an arrangement to assure a continued standard of maintenance consistent with the conditions of PAD approval.

b. All utility lines, except electric utility lines 69 KV or larger, shall be installed underground.

c. Development within a PAD shall conform to all conditions and standards of PAD approval. The PAD applies to the subject property and change in ownership or successors in interest does not constitute a change in agreed upon standards and requirements. Chapter 18.60 TTC, General Building and Development Standards, shall apply for any general development standards not specifically a part of the PAD approval.

14. Other Information and Exhibits. Any other documents, letters, photographs, or exhibits that provide information regarding the proposed PAD may be included with the MDP.

15. Citizen Review and Participation. Chapter 18.75 TTC regarding amendments or zone changes includes public notification and citizen participation requirements that must be addressed prior to any public hearing on the matter. This includes conducting neighborhood meeting/s, posting public notice on the subject property and mailing notices to surrounding property owners. Include documentation of citizen input, neighborhood meetings, public notification, letters of support, and miscellaneous correspondence. [Ord. 2016-02 § 1.]

18.40.050 Application and procedures.

A. Preapplication Meeting. The applicant shall meet with the community development director, or his/her designee, to discuss the development concept for the proposed PAD zoning. The director shall advise the applicant of the specific objectives of this section and the specific procedures, standards, and review process regarding the application.

B. Staff Review. The town staff shall review the preliminary proposal for the PAD. The submittal shall include a narrative description of the proposal and a preliminary site plan indicating use areas, building locations, open space areas, streets and circulation elements and any other major features. Staff will discuss the concept with representatives of applicable town departments, as well as general development concept and PAD criteria.

C. Planning and Zoning Commission Application Submittal.

1. Upon completion of the preapplication and code review board meetings, the director shall provide the developer with the necessary application forms for the PAD submittal.

2. Provide required number of copies of the draft MDP in a ring binder format, as described in this chapter, along with the required filing fee, to be submitted to the director or his/her designee for distribution to various departments and agencies, and for planning and zoning commission members.

3. Additional Application Material.

a. Full size plans and digital files. Provide the required number of complete sets of full size (24-inch by 36-inch) copies of the site plan, landscape plan, color renderings and other graphics exhibits to be submitted with the application. Digital files (10 megs max, jpeg or PDF) shall also be submitted for the site plan, landscape plan, site photos and other requested graphics.

b. Preliminary traffic impact study, if applicable.

c. Preliminary grading and drainage report.

d. Material and color samples. Descriptions and photocopies of material and color samples shall be included in the MDP binder format. Any manufacturer’s samples of building materials and/or color boards should be submitted as a separate exhibit.

D. Review Process.

1. Staff will circulate the draft MDP to the municipal departments and any other agency that may be affected by or have comments to the application.

2. Within 14 days of the submittal of the MDP, the developer shall be apprised if staff will require additional studies, or broadened scope of studies, beyond those enumerated in the MDP application requirements, such as a multi-modal circulation plan, drainage concept plan, soils report, traffic impact analysis, or any other studies that the town staff determines is reasonably necessary for the review and approval of the proposed PAD.

3. Upon receipt of the comments, the planning and zoning department shall compile the comments and respond to the developer or agents in writing in a reasonable time period as to how the proposed PAD relates to the following:

a. Conformance to the general plan;

b. Suitability of the PAD for development and constraints or stipulations; and

c. Any additional requirements for improvements and major dedications required by the town and/or requests for such based on town policies. [Ord. 2016-02 § 1.]

18.40.060 Planning and zoning commission review and hearing.

A. The application shall be filed, reviewed, noticed, and processed in accordance with TTC 18.75.040, pertaining to procedures for amendments or zone changes.

B. Upon receipt of a complete PAD application, draft MDP, initial review comments and any additional materials requested, staff shall prepare a report and package for the planning and zoning commission.

C. The planning and zoning commission shall review the staff report and draft MDP, along with related maps, reports, and data, and conduct a public hearing, to consider the proposal.

D. In considering applications for a PAD approval, the commission may consider the following:

1. Conformance to the general plan land use map designation for the subject property, as well as to the intent of the general plan as expressed through the goals, objectives and policies for each of the plan elements and community vision section;

2. The impact of the PAD on the existing and anticipated traffic and parking conditions;

3. Adequacy of proposed design criteria and development standards for the PAD;

4. Pedestrian and vehicular ingress and egress, including handicapped accessibility;

5. Conceptual landscaping proposal;

6. Adequacy of utility infrastructure, including water supply and sewer capacity;

7. Site drainage and grading;

8. Open space and/or public land dedications; and

9. Nonmotorized and multi-modal circulation.

E. The commission shall conduct a public hearing to consider the proposal. The commission may question the developer and approve, disapprove, carry over the discussion, request additional information, and/or recommend stipulations of PAD approval.

F. If the commission determines that the proposed PAD will not be detrimental to the health, safety, or welfare of the community, and is in harmony with the purposes and intent of this title, and the general plan, the commission may recommend to the town council by motion that the PAD be approved. The recommendation may include any conditions and stipulations determined to be reasonably necessary for implementation of the PAD. [Ord. 2016-02 § 1.]

18.40.070 Town council consideration and hearing.

A. At least 15 days prior to the town council hearing the applicant shall submit the required number of copies of the draft MDP as approved by the planning and zoning commission with recommendations from the development review board. The town council, following the report and recommendations of the planning and zoning commission, shall consider the PAD request. The request shall be processed and considered as set forth in TTC 18.75.040(E), amendments or zone changes.

B. The town council shall conduct a public hearing to consider the proposal. The council’s review shall encompass the same spectrum of considerations as did that of the planning and zoning commission. The town council may approve, deny, carry over the request, or impose conditions and stipulations on the PAD approval. Approvals shall be for a specific development site, not a particular developer. [Ord. 2016-02 § 1.]

18.40.080 Building permit issuance.

No building permit will be issued for any portion of a PAD that has not received zoning administrator’s approval as required and that has not provided required financial assurances or dedications for such portion of the PAD, as may be required. [Ord. 2016-02 § 1.]

18.40.090 Method for withdrawing an application for PAD approval.

Any application for a PAD may be withdrawn by the applicant in writing at any time prior to approval by the town council. [Ord. 2016-02 § 1.]

18.40.100 Amendments to PAD approval.

A. A request for an amendment to an approved PAD shall be processed as either a minor amendment or major amendment.

B. An application for a PAD amendment will be routed for review by all affected town departments or agencies and upon receipt of review comments, the planning and zoning administrator will determine whether the requested change meets any one of the following criteria for a major amendment:

1. An increase in the total number of dwelling units of more than five percent above the original approval;

2. An increase in the gross leasable square feet within a PAD of more than 10 percent above the original approval;

3. A reconfiguration in land use designation boundaries and/or parcel sizes that increases or decreases the size of any land use designation boundaries and/or parcel sizes by more than 20 percent; and

4. Any other change which could have a significant impact on areas adjoining the PAD, including a significant traffic impact on roadways adjacent or external to the PAD.

C. All major amendments to a PAD shall be reviewed and approved by the planning and zoning commission, development review board and town council following the same procedure as prescribed for the original approval.

D. Any PAD amendment application, including a rearrangement of parcels, circulation systems and/or open space areas within a PAD that does not meet any of the above criteria shall be processed as a minor amendment. A minor amendment shall be reviewed by all affected town departments and agencies and may be administratively approved by the planning and zoning administrator. [Ord. 2016-02 § 1.]

18.40.110 Denial of request.

As per TTC 18.75.040(F)(5), appeal of the denial of application, in the event the PAD application is denied by the council, the commission shall not reconsider the PAD application for the same property or any portion thereof, within a period of six months from the date of denial, unless the conditions on which the original denial was based have substantially changed. [Ord. 2016-02 § 1.]


Prior legislation: Code 1983 §§ 12-2-7(C) – (E).