Chapter 17.50
PAD PLANNED AREA DEVELOPMENT DISTRICT

Sections:

17.50.010    Purpose

17.50.020    Objectives

17.50.030    Definitions

17.50.040    Permitted Uses

17.50.050    Planned Area Development Approval Procedures

17.50.060    Development Standards

17.50.070    Amendments to PAD Approval

17.50.080    Extension of Time

17.50.090    Denial of PAD Request

17.50.100    Enforceability

17.50.110    Appeals

17.50.120    Fees

17.50.010 Purpose

The planned area development (PAD) district is intended to accommodate, facilitate and promote creatively designed developments containing residential and nonresidential uses, which together comprise an attractive, harmonious element of the community. Contemplated planned developments include large-scale, self-contained individual communities or neighborhoods; smaller projects requiring flexibility due to unique circumstances or design characteristics; or transitional areas between different land uses. If specified at the time of zoning approval, the planned area development may include standards and/or requirements that differ from regulations pertaining to other districts.

The PAD shall be approved as an independent zoning district, and not as an overlay. This district, which may only be developed in accordance with an approved development plan, is further established to provide both the developer and the City with assurance that specific proposed uses, intensities and phasing are consistent with the adopted General Plan. (Ord. 1073 (part), 2008)

17.50.020 Objectives

The provisions of this chapter shall apply to all PAD documents, and any additional or supplemental information that is deemed necessary by the City to meet the following objectives:

A.    To allow and promote, or to require, variation in building design, lot arrangements and land uses for a maximum choice in the types of environments for residential, commercial, and industrial uses and facilities;

B.    To provide for a coordinated, visually and functionally linked, and compatibly arranged variety of land uses through innovative site planning;

C.    To include circulation that incorporates complete streets within the final PAD plan, interconnection of uses by non-motorized vehicles or transit, and safe interconnection of the PAD with surrounding land uses and transportation systems;

D.    To establish and maintain useable open space that is accessible by all residents and users in the PAD;

E.    To minimize adverse environmental impacts on surrounding areas; and

F.    To fulfill the goals, objectives, and policies of the City of Winslow General Plan and amendments thereto. (Ord. 1073 (part), 2008)

17.50.030 Definitions

"Complete streets" means streets accessible to all users, with full-width paving, curbs, gutters, sidewalks, benches and solid waste receptacles, vehicular and pedestrian lighting, right-of-way landscaping, stormwater drainage facilities, directional and street signage, and designated bicycle lanes. All of the above shall be provided in accordance with all codes, ordinances, and engineering/professional standards applicable and in force at the time of final PAD plan approval.

"Development Review Board" means a board composed of the City Manager, Fire Chief, Police Chief, Building Official, Environmental Services Director, Street and Fleet Manager, Community Development Director, City Engineer, Principal Planner, Planning and Zoning Commission Chairman, and, as needed, representatives from other public entities, including but not limited to public utility companies, school districts, and the Arizona Department of Transportation. The purpose of the Development Review Board is to assure compliance of proposed development with all applicable public health and safety requirements.

"Extension of time" means a request to extend time requirements of this title and/or conditions of approval of the final PAD plan regarding obtaining building permits and/or completion of required public improvements.

"Floor area ratio (FAR)" means the ratio of building floor area to gross lot area of a building site.

"Open space" means public or private outdoor areas that are open to the sky, except for structures that are open on at least three (3) sides (or two hundred seventy (270) degrees, if round) if covered and/or any necessary unoccupied service structures. Examples of open space include yards, parks, golf courses, conservation areas, required landscaping, and fields for games/athletic activities. Required parking/loading areas and roads shall not be considered as open space.

Planned Area Development (PAD). A planned area development shall:

1.    Be a single development project or a definitely programmed series of development projects.

2.    Include principal and accessory structures and uses substantially related to the character and purposes of the district.

3.    Be developed according to a development plan that includes the locations of land uses, streets, utilities, all buildings, other uses and improvements on the land.

4.    Include a program for provision, finance, operation, and maintenance of any areas, facilities, and improvements designated for common and/or public use.

5.    Allow for the application of height, bulk, setback, and other zoning regulations for a particular use over the entire area of that use, as located in the PAD development plan, rather than by application of such standards to individual parcels.

"Zoning Administrator" means the person designated by the City Manager to administer and enforce the ordinances contained in the zoning code. (Ord. 1073 (part), 2008)

17.50.040 Permitted Uses

All uses permitted in the PAD District are determined by an approved development plan for the site. Uses, densities and intensities permitted in the PAD District shall conform with the City of Winslow General Plan except as to portions of the PAD specifically covered by a plan of development, development agreement, standards or conditions of approval adopted prior to the effective date of the ordinance codified in this chapter. (Ord. 1073 (part), 2008)

17.50.050 Planned Area Development Approval Procedures

A PAD proposal in the PAD District shall be submitted to the City, and shall include a site plan with accompanying narrative addressing all requirements set forth in this title. All PAD applications shall require approval of both a preliminary PAD plan and a final PAD plan as set forth in subsections (A) through (C) of this section.

A pre-application meeting shall be held between the applicant or applicant’s representative(s) and the City.

A.    Preliminary PAD Plan Application. The applicant shall submit twenty (20) copies of a preliminary PAD plan, not less than eleven (11) inches by seventeen (17) inches in dimension, showing general land uses and boundaries between uses, but not requiring lot plans at this stage. The preliminary PAD plan shall be submitted to and reviewed by the City for consistency with Winslow municipal codes, policies and plans, and shall indicate the following:

1.    Vicinity information, including an area map showing adjacent property ownership and existing uses within three hundred (300) feet of the parcel, and a legal description of the metes and bounds of the parcel.

2.    Physical constraints to the site’s development: existing topographical features, including any portions of the site that are subject to flooding (indicating the extent and frequency, retention areas, calculations and maintenance responsibility); proposed roadway or major utility line extensions which may impact development; areas within aircraft approach and holding patterns and such other impediments to the property’s use and improvement as may be present or planned for the future.

3.    Proposed site development addressing:

a.    The location and nature of the various uses and their areas in acres (summarizing land use areas, total number of dwelling units and approximate percentage allocation by dwelling type, calculation of the residential density in dwelling units per gross acre as defined in the General Plan);

b.    The proposed circulation system, including any improvements (public or private) needed to accommodate additional traffic;

c.    The open space system (including a general statement regarding ownership and maintenance) with indication of responsiveness to General Plan recreation/open space and perimeter policies;

d.    Relationship of the project to surrounding land uses; and

e.    Evidence of proposed land use compatibility with the goals of the General Plan.

B.    Preliminary PAD Plan Review and Approval. The City may, in writing, waive any of the above required information which is not applicable, or require additional information when necessary to clarify any aspect of the project or its potential impacts on the community.

1.    The preliminary PAD plan shall be reviewed by the City of Winslow Development Review Board in accordance with the Board’s procedures.

2.    Following the Development Review Board proceedings and receipt of adequate responses by the applicant to the comments of the Board, the Planning and Zoning Commission shall conduct a public hearing on the preliminary PAD plan and transmit recommendations to the City Council for review subject to:

a.    Findings that the proposal meets the intent, objectives, and general requirements of the PAD district; and is in conformance with the City of Winslow General Plan, amendments thereto, and all pertinent codes and policies.

b.    Conditions attached to the preliminary PAD plan approval by the Planning and Zoning Commission may include but are not limited to the following considerations: intensities and densities of development; use limitations; landscaping; screen planting; setback and height of building; paving, location of drives and parking areas; storm drainage and stormwater retention; public and/or private open space; shape and size of lots; grouping and uses of buildings; maintenance of grounds; regulation of signs; fences and walls; adequacy of vehicle and pedestrian circulation and access; timing and phasing; elevations and architectural theme; or any other reasonable considerations the Planning and Zoning Commission finds necessary to maintain community character and neighborhood quality.

3.    The City Council may adopt the recommendations of the Planning and Zoning Commission without holding a second public hearing if there is no objection, request for public hearing, or protest. The City Council shall hold a public hearing if requested by the applicant, any person appearing in opposition at the Commission hearing or who has filed a written protest within ten (10) calendar days of the Planning and Zoning Commission public hearing, or by any member of the City Council. If a public hearing is held, the Council may make modifications as a condition of preliminary PAD plan approval. Unless otherwise specified by Council approval, the preliminary PAD plan shall be submitted for final PAD plan approval within two (2) years of the date of City Council adoption. Failure to submit a final PAD plan within two (2) years of the date of City Council adoption shall render the preliminary PAD plan null and void without further action by the City Council.

C.    Final PAD Plan Review and Approval. Final PAD plan review and approval may be processed simultaneously with subdivision review and approval. The plans required under this section may be submitted in a form which satisfies the requirements of the subdivision regulations for final plat approval if submitted at the same time.

The applicant shall submit to the City twenty (20) copies of the final PAD plan, not less than eleven (11) inches by seventeen (17) inches in dimension, including the following information, unless specifically provided otherwise:

1.    All information required on the preliminary PAD plan as approved by the City Council, with plans showing location and type of all improvements including schematic grading plans with proposed treatment of sloped retention areas; and the following explanatory, supporting details/studies:

a.    A statement of development type and density, predominant building styles and features, and environmental quality of the proposed development, including typical landscape features (with text, graphics, and/or photographic examples); and

b.    Typical development envelopes for residential uses and building arrangements for recreational, employment, commercial or institutional uses; and

c.    Standards including demand and capacity analyses for municipal systems including transportation, water supply, sewage disposal, stormwater containment/runoff, and other community facilities, such as schools, public safety, cultural and social services centers (e.g., libraries); and

d.    For phased developments, a schedule for development of each phase in the project;

e.    If applicable, a list of development standards from which departure is requested stating justifications for each in terms of increased environmental quality;

f.    Plans and elevations indicating a variety of building types, materials, colors, and the number of dwelling units by single-family and/or multiple-family type with estimated school enrollment to be generated for all portions of the PAD that will be constructed pursuant to this review; and, for subsequent phases, the timing of development in numerical order, if applicable;

2.    The PAD shall meet all applicable standards of design and construction required by pertinent City of Winslow codes and policies unless modifications are accepted by the City Council, whichever is applicable; and

3.    The final PAD plan shall be reviewed by the City of Winslow Development Review Board in accordance with the Board’s procedures;

4.    Following the Development Review Board proceedings and receipt of adequate responses by the applicant to the comments of the Board, the final PAD plan shall be presented for review and recommendation by the Planning and Zoning Commission during a public hearing and approval or denial by the City Council. The City Council may adopt the recommendations of the Planning and Zoning Commission without holding a second public hearing if there is no objection, request for public hearing, or protest. The City Council shall hold a public hearing if requested by the applicant, any person appearing in opposition at the Commission hearing or who has filed a written protest within ten (10) calendar days of the Planning and Zoning Commission public hearing, or by any member of the City Council;

5.    Upon City Council approval, the PAD zoning shall be, by ordinance, reflected on the City zoning map;

6.    The City Engineer’s approval of conceptual water, sewer, and drainage master plans shall be obtained as a condition of development. (Ord. 1073 (part), 2008)

17.50.060 Development Standards

The final PAD plan shall meet the following requirements:

A.    PAD Standards. A PAD is required to conform with the Winslow General Plan, Subdivision Ordinance, and Zoning Ordinance and shall meet the standards of the zoning district most nearly approximating each use in the pad, with said standards applicable to the entire area containing a specific use along with required parking, landscaping, open space, and public facilities for the use.

1.    Density/Intensity. Specific dwelling unit yields of floor area ratio (FAR) may be approved for individual parcels and/or development phases, so long as the FARs are consistent with the requirements of the zoning district most nearly approximating the use, as calculated over the entire area occupied by the use, as defined in subsection (A) of this section.

2.    Minimum Lot Area. A residential PAD may be approved with a portion of the site in parcels each having less than the otherwise applicable minimum lot area so long as the minimum area per lot in the entire PAD or PAD phase is consistent with the requirements of the zoning district most nearly approximating the use, as calculated over the entire area occupied by the use, as defined in subsection (A) of this section. A PAD or PAD phase with less than minimum required lot sizes may be approved with any or all of the following conditions:

a.    Mixed housing types, including multifamily units with attention to affordability;

b.    Additional useable open space being provided;

c.    Compact residential lots that are located near employment centers and/or freeway interchanges or that create a desirable housing market, such as attracting active retirees.

3.    Property Improvement Specifications. Unless otherwise requested, approved and specified on the final PAD plan, improvements to individual lots or sites shall conform to the standards set forth in this title for the zoning district most nearly approximating the proposed uses and intensities of use.

a.    Parking. Joint use parking facilities, including appropriately buffered and screened recreational vehicle storage, automotive maintenance and washing areas, may be proposed in accord with Chapter 17.84, Parking Requirements.

i.    Parking spaces shall be designated for parks and recreation areas.

ii.    Separate, designated spaces shall be provided for temporary model home sales or rental offices.

b.    Signage. Comprehensive signage plans shall be proposed to identify and provide entry monumentation, street signs and common area information; including monument signs for freestanding, nonresidential uses and directory signage for retail, office and/or industrial park centers.

c.    Other Improvements. Off-site installation of municipal system extensions, including streets, sidewalks, pathways, drainage facilities, water, sewer and private-provider utility trenching and substation facilities necessary to serve the development, shall be master-planned in compliance with City engineering specifications, with attenuation methods and materials approved by the City Engineer or designee.

B.    Open Space and Landscaping. Allotments of required percentages of the gross site area in improved or preserved open space to be maintained shall be specified in the final PAD plan. Preserved natural or agricultural lands, portions of natural washes, stormwater retention areas, golf courses, and lineal pathway/trail corridors may be accepted as appropriate to the development. Common open space for the entire PAD shall be provided, based on the following average lot sizes:

Average Lot Size

Minimum Open Space

7,000 – 10,000 sq. ft.

15%

10,001 – 12,000 sq. ft.

12%

12,001 – 15,000 sq. ft.

10%

15,001+ sq. ft.

No minimum

Peripheral landscape tracts are required along arterial roadways and the outer edges of planned development phases. Tract widths, wall treatments and improvements such as pathways or street furniture shall be specified on the final PAD plan. (Ord. 1073 (part), 2008)

17.50.070 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.    The Zoning Administrator will determine whether the requested change meets any one (1) of the following criteria for a major amendment:

1.    An increase in the total number of dwelling units of more than five percent (5%) above the original approval;

2.    An increase in the gross building area and/or floor area ratio within a PAD of more than twenty percent (20%) 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 twenty percent (20%);

4.    A request for a land use that was not approved in the final PAD plan;

5.    An impact on roadways adjacent or external to the PAD which will result in an increase of average daily vehicle trips of twenty percent (20%) or greater, according to a traffic impact study submitted under the seal of an engineer currently registered to practice in Arizona.

C.    All major amendments to a PAD shall be reviewed by the Development Review Board according to the procedures referenced herein, and shall be reviewed and approved by the Planning and Zoning Commission and City Council following the same procedures as prescribed for the original approval of the final PAD plan.

D.    Any PAD amendment application, including a rearrangement of parcels within a PAD that does not meet any of the above criteria for a major amendment, shall be processed as a minor amendment. A minor amendment shall be reviewed by the Development Review Board according to the procedures referenced herein and may be administratively approved by the Zoning Administrator. (Ord. 1073 (part), 2008)

17.50.080 Extension of Time

An extension of time request to extend time requirements of this title and/or conditions of approval of the final PAD plan regarding obtaining building permits and/or completion of required public improvements shall be considered a major amendment, and shall be subject to the approval process set forth in Section 17.50.070(C). Findings required for approval of an extension of time request shall include acts of God and/or any condition that is unforeseen and reasonably outside the control of the applicant, including excessive delays in the approval process by governing agencies that are not caused by incomplete application contents, a lack of payment of required fees, and/or inaccurate or insufficient information provided by the applicant or the applicant’s representative(s). A denial of approval by a governing agency shall not be cause for granting of an extension of time for completion of required public improvements. (Ord. 1073 (part), 2008)

17.50.090 Denial of PAD Request

If an application for a preliminary or final PAD plan is denied by the City Council, a new application for a preliminary PAD plan on the same site or a portion of the site shall not be approved by the City Council within one (1) year after the date of denial. (Ord. 1073 (part), 2008)

17.50.100 Enforceability

A.    The approved final PAD plan shall continue to be implemented and maintained for the total acreage of the PAD in the event of a subsequent transfer of ownership of the subject property in whole or in part:

1.    It is the responsibility of the owner to notify all prospective purchasers of all or part of the property within the boundaries of the PAD and the final PAD plan applicable to the subject property.

B.    Fulfillment of the requirements of the final PAD plan shall be confirmed by the Zoning Administrator for each phase of development prior to the issuance of building permits for structures.

C.    All portions of the PAD, whether under development or reserved for future phases, shall be maintained free and clear of weeds and debris with posted signs prohibiting dumping of waste, scrap or fill material of any type.

D.    Building permits shall be obtained for all required public improvements on, at minimum, one (1) phase of the PAD within two (2) years of the date upon which the final PAD plan was approved by the City Council.

E.    Failure to obtain building permits for all required public improvements on, at minimum, one (1) phase of the PAD within the timeframe specified in subsection (C) of this section shall cause the final PAD plan to become null and void, without further action by the City Council, unless an extension of time is approved pursuant to Section 17.50.080.

F.    All required public improvements for a single-phase PAD shall be completed and shall have received approvals from all governing agencies within five (5) years, and for a multi-phase PAD, ten (10) years, of the date of City Council approval of the final PAD plan.

G.    Failure to complete required public improvements, with all necessary governing agency approvals, within the timeframes specified in subsection (D) of this section shall render the final PAD plan approval null and void, without further action by the City Council, for the development phase in violation, unless an extension of time is approved pursuant to Section 17.50.080.

H.    Upon determination that the applicant and/or current owner(s) of a PAD development have violated any provision of a final PAD plan, the Zoning Administrator shall notify the applicant and/or current owner(s) in writing of such violation and shall stay all City permitting processes until such violation is corrected. In the event that a violation of any provision of a final PAD plan is not cured within one (1) year of the date of written notice, the final PAD plan shall be rendered null and void, without further action by the City Council. (Ord. 1073 (part), 2008)

17.50.110 Appeals

A decision by the City Council, the Planning and Zoning Commission, and/or the Zoning Administrator regarding a PAD may be appealed to the Board of Adjustment according to the provisions of Chapter 17.100. Advisory recommendations by the Planning and Zoning Commission to the City Council, including recommendations regarding approval or denial of preliminary PAD plans and/or final PAD plans, shall not be appealed. (Ord. 1073 (part), 2008)

17.50.120 Fees

Fees shall be in accordance with those established in Ordinance No. 637, 1993, as amended. (Ord. 1073 (part), 2008)