B. Rezoning to Planned Development District
(1) Purpose
The zoning classification of any parcel may be changed to a Planned Development (PD) district pursuant to this subsection. The purpose of a rezoning to a PD is to achieve greater flexibility than allowed by the strict application of the Code while providing greater benefit to the City and to ensure efficient provision of services and utilities. The PD procedure shall not be used when a conditional use permit, variance, minor modification, or rezoning to an existing base zoning district could achieve a similar result.
(2) Applicability
a. The approval of a PD constitutes a zoning district amendment and is established by rezoning an area in an existing zone district to PD zoning, or by initial zoning of newly annexed territory to PD zoning. The approved PD establishes the location and character of the uses and the unified development of the tract(s).
b. An application to rezone to a PD district may be submitted for any contiguous area of one acre or more within any combination of zoning districts. A PD may be initiated by anyone owning at least 50 percent of the land within the area affected by the proposed PD.
(3) Application Submittal and Review Procedure
Figure 8-12 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of PD rezoning applications. Additions or modifications to the common review procedures are noted below.
Figure 8-12: Rezoning to Planned Development District
a. Pre-Application Meeting
1. A pre-application meeting shall be held in accordance with Section 8.3.B, Pre-Application Meeting. In addition, the applicant shall provide the following conceptual materials related to the proposed PD to help determine whether or not a PD is the appropriate procedure for the applicant and the City:
i. Proposed uses;
ii. Number and type of dwelling or commercial units (as applicable);
iii. Floor area of all buildings;
iv. Floor area of each use for mixed-use buildings (if applicable);
v. Proposed parking capacity and configuration; and
vi. General site planning layout and phasing.
2. Depending on the size and scale of the development proposal, the Director may recommend or require a preliminary conceptual review hearing with the Planning and Zoning Commission. Such hearing shall be scheduled as a public hearing before the Commission and shall be noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.
b. Application Submittal and Handling
The PD rezoning application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling, with the following modifications.
1. PD Plan Required
An application for rezoning to a PD shall include submittal requirements as specified by the Director, which shall include a PD plan. Approval of the PD plan is required prior to approval of a development permit in a PD district.
2. PD Plan Contents
The submittal requirements and specifications for the PD plan shall be established in the Administrative Manual.
c. Citizen Review Process
The applicant shall prepare and implement a Citizen Participation Plan pursuant to Section 8.3.D, Citizen Review Process.
d. Staff Review and Action
The Director shall review the PD rezoning application and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action.
e. Scheduling and Notice of Public Hearings
The PD rezoning application shall be scheduled for public hearings before the Planning and Zoning Commission and City Council noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings, with the following modifications:
1. In a proceeding involving a rezoning that abuts unincorporated areas of the county, copies of the notice of public hearing shall be transmitted by the City to the planning agency of the governmental unit abutting such land.
2. The notice of any change in a residential district shall contain specific information about whether the change applied for will increase, leave unchanged, or decrease the number of dwelling units permitted in the area in question.
3. Additional notice shall be provided for rezoning applications that involve one or more of the changes listed below. For such proceedings, the City shall publish the changes before the first hearing on such changes in a newspaper of general circulation. The changes shall be published in a “display ad” covering not less than one-eighth of a full page.
i. A 10 percent or more increase or decrease in the number of square feet or units that may be developed;
ii. A 10 percent or more increase or reduction in the allowable height of buildings;
iii. An increase or reduction in the allowable number of stories of buildings;
iv. A 10 percent or more increase or decrease in setback or open space requirements; and/or
v. An increase or reduction in permitted uses.
f. Review and Decision
All common procedures in Section 8.3.G, Review and Decision, shall apply, with the following modifications:
1. Planning and Zoning Commission Review and Recommendation
The Planning and Zoning Commission shall review the PD rezoning application and recommend approval, approval with conditions, or denial, based on the approval criteria in Section 8.6.B(4), Approval Criteria for PD Rezonings.
2. City Council Review and Decision
The City Council shall review the PD rezoning application and approve, approve with conditions, or deny the rezoning based on the approval criteria in Section 8.6.B(4), Approval Criteria for PD Rezonings.
3. Approval of PD Plan
The approved PD zoning and the approved PD plan along with all exhibits are inseparable, and a PD shall not be established without the approval of the related PD plan.
4. Legal Protest
Legal protests of a rezoning shall follow the procedures in A.R.S. § 9-462.04(H).
g. Post-Decision Actions and Limitations
Post-decision actions and limitations in Section 8.3.H shall apply with the following modifications:
1. Effect of Approval
i. The regulations in this Code remain applicable to all PD development unless expressly modified by an approved PD.
ii. A PD shall remain valid until a PD is subsequently amended or rezoned to another zoning district in accordance with this Code.
2. Expiration and Revocation of PD Rezoning
If a PD rezoning decision expires and the property has not been improved for the use for which it was conditionally approved, the City Council, after notification by certified mail to the owner and applicant who requested the rezoning, shall schedule a public hearing to take administrative action to extend, remove, or determine compliance with the schedule for development or take legislative action to cause the property to revert to its former zoning classification.
3. Recording Required
Following approval of a PD, the applicant shall submit final copies of the PD plans to the Director. The Director shall record the PD and the zoning amendment map and ordinance with the County Clerk and Recorder as soon as practicable.
4. PD Plan Amendments
i. Except as provided below for minor amendments, any amendment to an approved PD plan shall be considered a major amendment and shall require a rezoning following the same procedure as required for a new application in Section 8.6.B(3), Application Submittal and Review Procedure.
ii. Any amendment to an approved PD plan that meets the following criteria shall be considered a minor amendment and may be approved by the Director:
a. The amendment shall not change the ratio of residential units to square feet of nonresidential building square footage by more than 10 percent.
b. The number of residential units shall not be increased or decreased by more than 10 percent.
c. The gross square footage of nonresidential building area shall not be increased by more than 10 percent, or 2,000 square feet, whichever is less.
d. The amendment shall not change the allowed uses listed in the approved PD plan.
e. The number or location of vehicular access points shall not be changed in a way that negatively impacts public safety or the flow of traffic onto public streets.
f. The numeric standards in the PD plan shall not be revised by more than would be allowed through the procedure in Section 8.8.B, Minor Modification.
g. No prior minor amendments have been approved.
h. The number of lodging units shall not be changed.
(4) Approval Criteria for PD Rezonings
In reviewing a proposed PD rezoning, the Planning Commission and City Council shall consider whether and to what extent the proposed PD:
a. Meets the general approval criteria in Section 8.3.E(5), Approval Criteria Applicable to All Development, Subdivision and Rezoning Applications;
b. Addresses a unique situation, provides substantial benefit to the City, or incorporates innovative design, layout, or configuration resulting in quality over what could have been accomplished through strict application of a base zoning district or other standards of this Code;
c. Meets all applicable standards of this Code not expressly modified by the PD application; and
d. If the PD provides residential uses, includes varied types of housing and densities. [Ord. 2021-03 § 1, 6-8-21; Res. 2019-19 Exh. A, 10-8-19].