On or after February 18, 2012, any request for a PAD overlay zoning district or for modification or change in an approved PAD overlay zoning district shall be made pursuant to chapter 2.176 PCDSC.

(Ord. No. 011812-ZO-PZ-C-007-10, § 17)

The PAD overlay zoning district is an alternative to conventional land use regulations, substituting procedural protections for the requirements in Pinal County's zoning ordinance. The PAD overlay zoning district is an overlay zoning district that shall be used only in conjunction with other zoning districts described in this title, but which will allow flexibility in the requirements of the underlying zoning district and shall require approval by the supervisors of a specific plan of development. For the purpose of this chapter, the following terms apply:

Open/common space means an area that is intended to provide light and air, and is designated and designed for resource protection, buffers, drainage ways, environmental, scenic or recreation purposes. Open space may be devoted to but is not limited to landscaping, preservation of natural features, drainage ways, recreational area and facilities. Open space shall not be deemed to include land areas occupied by buildings, structures, required yards, driveways, parking lots, streets, alleys or other surfaces designed or intended for vehicular travel. Open space areas shall remain open and unfenced.

1.

Private. The areas open to residents, residents' guests and invitees but not the public at large. Open/common space may also be referred to as private.

2.

Public. The areas open to the people at large, without reference to geographical limits; public roads being those roads that have been dedicated or otherwise permanently appropriated to the public for public use.

(Ord. No. 011812-ZO-PZ-C-007-10, § 17; Ord. No. 61862, § 3301. Formerly 2.175.010)

Pinal County recognizes that in certain instances the objectives of the zoning ordinance may be best achieved by development of planned areas which may not conform in all respects to the underlying zoning district. Pinal County further has determined that in the best interest of the health, welfare and safety of the citizens of Pinal County, specific planned communities can provide better alternatives for some land development than the conventional zoning districts. The purpose of the PAD district is to encourage imaginative and innovative planning of neighborhoods, particularly with respect to diversification in the use of the land and flexibility in site design with respect to various features, including, but not limited to, spacing, heights, density, open space, circulation, private roadways, preservation of natural features, and innovation in residential development that results in the availability of a variety of housing opportunities, both in terms of affordability and lifestyle to all citizens and guests of Pinal County; and to ensure the establishment of developments consistent with the goals and objectives of the board of supervisors of Pinal County.

(Ord. No. 011812-ZO-PZ-C-007-10, § 17; Ord. No. 61862, § 3302. Formerly 2.175.020)

A PAD overlay zoning district may be established in any zoning district upon a finding by the supervisors, after receiving a recommendation from the planning commission, that such a development would comply with the intent of this section of this title and that the PAD overlay zoning district substantially complies with any previously approved area plans. A PAD overlay zoning district may not be established on any parcel consisting of less than ten gross acres, unless the commission and supervisors find that a tract containing less than ten gross acres is suitable as a PAD overlay zoning district by virtue of its unique character, topography or other features. If a proposed project requires rezoning, a request may be considered by the commission simultaneously with its consideration of the development plan.

(Ord. No. 011812-ZO-PZ-C-007-10, § 17; Ord. No. 61862, § 3303. Formerly 2.175.030)

Each application for approval of a PAD overlay zoning district shall be filed in accordance with the provisions of chapter 2.160 PCDSC. In addition to the filing fee established in chapter 2.160 PCDSC, an additional fee of $1,000.00 shall be paid by the applicant for processing the PAD request. In addition to the submittal requirements set forth below, the application shall be accompanied by such information and representations required by this title or deemed necessary by the planning director, which together shall comprise the application package. If tentative plat approval is being requested at this time for all or any portion of the specific plan of development, the application shall also meet all requirements for tentative plat approval as described in the Pinal County subdivision regulations and requirements and minimum standards for subdivision street paving, as amended. Because of the need for adequate staff review and public notice, the package shall be filed, complete in all respects, not less than three weeks prior to the public hearing on the project by the planning commission. The planning director may set earlier deadlines for part or all of the package in order to facilitate scheduling public hearings or to allow additional staff review. In addition to the requirements for tentative plat approval, if applicable at this time, the package shall include at least the following:

A.

Specific plan of development. The rezoning/PAD application(s) shall be accompanied by a specific plan of development which shall consist of:

1.

The proposed development shall be drawn at sufficient scale so as to not exceed a print size greater than 24 inches by 36 inches. Lettering shall be of sufficient size to be reasonably legible when reduced to an eight-and-one-half-inch by 11-inch clear print.

2.

Title of the project, such as "Planned Area Development for ___________" in bold-faced letters.

3.

Name of the landowner, developer, applicant and the firm or person who prepared the plan.

4.

North arrow, scale (written and graphic), and dates of plan preparation and subsequent revision dates.

5.

Inset vicinity map showing the relationship of the proposed project to existing area development and surrounding zoning districts.

6.

Existing zoning designation and requested zoning district change, if applicable.

7.

Legal description of the entire property to be subject to the planned area development.

8.

Delineate and dimension by bearing and distance the exact boundaries of the proposed specific plan of development.

9.

Show existing perimeter streets, including centerlines, names, dimensions of existing dedications and proposed dedications.

10.

Show the general locations and scheme of proposed interior collector and major arterial streets with proposed rights-of-way. All points of ingress and egress to the site must be shown.

11.

Indicate the general location of the proposed residential area(s) and types of housing proposed for each area(s). Show and label areas of open space, public areas, drainage areas and any proposed facilities such as golf courses, parks, recreation center, sewage treatment plant, school site, etc.

12.

Indicate who will own, control and maintain landscaping, open areas, streets, recreation facilities, refuse disposal and private utility systems.

13.

Show typical lots for each dwelling unit, including typical lots in cul-de-sacs, on corners and in any unusual location. Show the arrangement of units which will be clustered. These typicals should show the building envelope, the proposed minimum setbacks, the minimum lot dimensions and individual fences/walls.

14.

Indicate the location and width of all existing roadway or utility easements on the property.

15.

Show existing contours; contour interval to vary according to grades as follows: grades up to five percent, two feet; five percent to ten percent, five feet; grades over ten percent, ten feet. Indicate the general direction of stormwater runoff.

16.

Identify by note or notes the existing drainage pattern and the proposed drainage plans for handling on-site and off-site stormwater runoff. (A preliminary drainage report will be required.)

17.

Indicate the locations, type, height and material of proposed perimeter fences and/or walls. All proposed signs should also be located, identified and dimensioned.

18.

Note the general location and type of proposed landscaping on the site.

19.

Show phase lines, if applicable.

B.

Specific plan of development data.

1.

Land use table or tables to include the following:

a.

Total gross acreage of the site.

b.

Total area of the streets, public and private.

c.

Total area of public open space.

d.

Total net area of all intended uses.

e.

Total area of open space which is designed for the exclusive use of the residents of the PAD area who receive an undivided ownership of such areas.

f.

Maximum allowable number of dwelling units permitted under base zoning districting.

g.

Total number of each type of dwelling unit and the total number of all dwelling units.

h.

Average lot area per dwelling unit proposed, taking into account all planned dwelling units.

i.

The overall density proposed.

2.

A table which compares the requirements of the existing zoning, the requirements of the base zoning requested, and the variations proposed under the PAD. The table should include lot area per dwelling unit, setbacks, maximum lot width, maximum building height and parking regulations.

3.

A table which lists the type and source of proposed utilities and services which include sewer, water, electric, telephone, police, fire, schools and solid waste disposal.

4.

A table which compares existing Pinal County subdivision regulation roadway standards with all proposed rights-of-way and pavement widths for each type of private street proposed (arterials, collectors, residential collectors and residential) for the planned area and the perimeter. (Refer to the Pinal County subdivision regulations and requirements and minimum standards for subdivision street paving, as amended.)

C.

Narrative report. The following information should be included in a supporting narrative report:

1.

Title page. The title page should clearly indicate "Planned Area Development for ___________," the name of the applicant and the date.

2.

Purpose of request. The first section of the report should explain why the project has been proposed. It is often helpful to discuss why the site has been chosen. The applicant shall state the advantages and benefits of the proposed development to the county in detail.

3.

Description of proposals. The character and type of development shall be thoroughly explained. All of the proposed nonresidential buildings and structures and their intended uses should be described.

4.

Relationship to surrounding properties. Surrounding land use and zoning should be described. The impact of the proposal on surrounding properties in each direction should be discussed. The impacts on schools should be explained.

5.

Location and accessibility. The advantages of the proposed location should be explained. The means of access, distance from major streets and surrounding road conditions should be described. Any proposed interior streets, drives or parking areas and proposed improvements should also be described.

6.

Timing of development. A section of the report should contain a schedule of development phasing.

7.

Public utilities and services. The availability and adequacy of proposed utilities and services must be thoroughly discussed.

8.

Appendix. It is sometimes necessary, depending upon the nature of the request, to attach copies of correspondence with other federal, state, local, semi-private or private agencies or organizations which can substantiate the proposal.

9.

Maintenance of streets and common areas. The provisions for the maintenance of the private streets, common areas and public area landscaping should be thoroughly discussed. The applicant should approach this portion of the narrative from the position of trying to prove to the planning commission and the board of supervisors that the mechanisms he intends to set up will still be functioning effectively 20 years later.

D.

Covenants. Draft copies of proposed restrictive covenants that would pertain to each use of the planned area development shall be filed with the Pinal County planning and development services department for review by the county attorney at least three weeks prior to the public hearing by the planning commission. Copies of the proposed restrictive covenants in their final form shall be filed at least three weeks prior to the public hearing on the project by the board of supervisors.

E.

Additional material. Additional material shall be provided for specific types of uses as follows:

1.

For PAD overlay zoning districts or sections thereof in which commercial development is proposed, the specific plan of development shall contain at least the following information:

a.

The approximate retail sales floor area and total area proposed for commercial development.

b.

The types of uses proposed to be included in the development, such uses to be consistent with the comparable zoning district.

c.

The standards of height, open space, buffering, landscaping, pedestrian and vehicular circulation, off-street parking and loading, signs and nuisance controls intended for the development.

2.

For PAD overlay zoning districts or sections thereof in which industrial development is proposed, the specific plan of development shall contain at least the following information:

a.

The approximate total area proposed for such use.

b.

The types of uses to be included in the development. (Generally those industrial, office, laboratory and manufacturing uses shall be allowed which do not create any danger to health and safety in surrounding areas and which do not create any offensive noise, vibration, smoke, dust, odor, heat, or glare and which by reason of value in relation to size and weight of merchandise received and shipped, generate a minimum of truck traffic.)

c.

The anticipated employment in the entire development and in each major section thereof. This may be stated as a range.

d.

The standards of height, open space, buffering, landscaping, pedestrian and vehicular circulation, off-street parking and loading, signs, and nuisance controls intended for the development.

F.

Waiver of specific submissions. Any information required under this section may be waived by the planning director on the basis that the information is not necessary to a review of the proposed PAD overlay zoning district. Such waiver shall be in writing, shall specify the reasons for such waiver and shall be included in the materials submitted to the planning commission.

(Ord. No. 011812-ZO-PZ-C-007-10, § 17; Ord. No. 61862, § 3304. Formerly 2.175.040)

After proper application has been made for a PAD overlay zoning district, the planning commission and board of supervisors shall hold public hearings as provided in chapter 2.165 PCDSC.

A.

The planning commission and board of supervisors may approve the plan as submitted, may require the applicant to modify, alter, adjust or amend the plan in such manner and to such extent as it may deem appropriate to the public interest, or disapprove the plan. The board of supervisors may stipulate a time for review of any approved PAD overlay zoning district to assure timely development. Such review shall be made by the planning director and any significant facts affecting the development shall be referred to the planning commission for review.

B.

The planning commission and board of supervisors may approve a plan even though the use of buildings and land, the location and height of buildings to be erected in the area, the nature of ownership, and the yards and open spaces contemplated by the plan do not conform in all respects to the regulations of the zoning district in which it is located or the plan does not conform in other particulars.

C.

Approval of a PAD overlay zoning district application shall constitute approval of the tentative plat if the tentative plat is submitted at the time of the PAD overlay zoning district application and when the plat has been submitted in accordance with PCDSC 2.175.050 and the Pinal County subdivision regulations and requirements and minimum standards for subdivision street paving, as amended. Approval of the tentative plat shall be effective for one year in accordance with the Pinal County subdivision regulations and requirements and minimum standards for subdivision street paving, as amended, but may be extended upon reapplication and review by the commission. The board of supervisors may stipulate or require a time limit which shall apply to the PAD overlay zoning district approval.

(Ord. No. 011812-ZO-PZ-C-007-10, § 17; Ord. No. 61862, § 3305. Formerly 2.175.050)

Before approval of an application for a PAD overlay zoning district, the planning commission and the board of supervisors shall find that the development conforms to the following general criteria:

A.

That the location, design and size are such that the development can be well integrated with the surroundings; is planned and developed with the intention to harmonize with any existing or proposed development in the adjacent neighborhood; or in the case of a departure of character from surrounding uses, that the location and design will adequately reduce the impact of the development so that the project will not be detrimental to the adjacent property.

B.

That the streets and thoroughfares proposed are suitable and adequate to serve the proposed uses and the anticipated traffic which will be generated thereby and that proper provision for the maintenance of such streets has been provided. If the planning commission and board of supervisors deems in their judgement that private streets are appropriate for a development, construction of streets shall be as determined by the board of supervisors; provided, however, that the board of supervisors shall require the paved portion of the streets to be in accordance with the Pinal County subdivision regulations as to base material, asphalt and seal coat.

C.

That the value of the use of the property adjacent to the area included in the plan will not be adversely affected to a significant extent and to this end, the planning commission may require, in the absence of an appropriate physical barrier, the uses of least intensity be arranged along the boundaries of the project. As further protection to adjacent properties, the planning commission may impose either or both of the following requirements:

1.

Structures located on the perimeter of the planned development be set back by a distance sufficient to protect the privacy and amenity of adjacent existing uses.

2.

Structures located on the perimeter of the planned development be permanently screened in a manner sufficient to protect the privacy and amenity of the adjacent existing uses.

D.

That every structure containing residential, commercial or industrial units shall have access to a public street directly or via a court, walkway, private street or other common area owned and maintained as common ground.

E.

Height of all structures shall be appropriate for the use and location of the development. Any buildings exceeding in height the limit normally permitted in the district shall be so located on the parcel so as to obviate the casting of unbroken shadows on adjoining parcels.

F.

That suitable retention and drainage areas have been provided to protect the property and adjoining properties from hazards resulting from water falling on or flowing across the site, and that proper provision for maintenance of such retention and drainage areas has been provided.

G.

That the location, design, size and uses are such that traffic generated by the development can be accommodated safely.

H.

That the location, design, size and uses are such that the residents or establishments to be accommodated will be adequately served by existing or planned public facilities and services.

I.

That adequate and visible refuse disposal has been provided or exists for the development.

(Ord. No. 011812-ZO-PZ-C-007-10, § 17; Ord. No. 61862, § 3306. Formerly 2.175.060)

A.

For the purpose of implementing a planned area development, building permits may be issued for buildings and structures in the area covered by the approved specific plan of development if they are in conformity with the plan and with all other applicable ordinances and regulations not specifically modified by the board of supervisors' approval of the plan.

B.

Once a plan has been approved, it can be amended, changed or modified only through the procedure prescribed herein for the initial application for approval. The board of adjustment may not grant any variances for an approved PAD overlay zoning district.

C.

A development schedule for residential uses shall be submitted as part of the project plan and the construction and provision of all the common open spaces and public and recreational facilities which are shown on the specific plan of development must proceed at the same rate as the construction of dwelling units. If the planning and development services director should find that the rate of subdivision plat submittals is greater than the rate at which common open areas and public and recreational facilities are being constructed or provided, he shall notify the developer that no subdivision plat applications will be processed until the rate of construction conforms with the development schedule.

D.

The development schedule shall provide for stage construction of the specific plan of development. Building permits will not be issued for any stage of the plan unless the common open space allocated to that stage by the development schedule has been conveyed to the appropriate parties.

(Ord. No. 011812-ZO-PZ-C-007-10, § 17; Ord. No. 61862, § 3307. Formerly 2.175.070)

During development and after completion of the project, the use of the land and the construction, modification or alteration of any buildings or structures within the development will be governed by the approved specific plan of development rather than by any other provisions of the zoning code.

A.

Administrative PAD amendment.

1.

Any minor extensions, alterations or modifications of existing buildings, structures or elements of the plan which include but are not limited to elements such as minor shifting of the established development unit lines, location of buildings, proposed private streets, pedestrian ways, utility easements, parks or other public open spaces may be authorized by the planning director if they are consistent with the purposes and intent of the plan. All such approvals shall be considered permanent and become a part of the plan.

2.

If the multimodal circulation element of the comprehensive plan or if RSRSM access management manual standards impact approved PADs that exist at the time of the effective date of the 2009 comprehensive plan by specifying street locations and right-of-way widths that were not shown or stipulated to in approved PADs the following changes may be authorized by the planning director if they are consistent with the purposes and intent of the plan and do not impact adjacent properties. All such approvals shall be considered permanent and become part of the plan.

a.

Any minor extensions, alterations or modifications of existing buildings, structures or elements of the plan which include but are not limited to elements such as shifting of the established development unit lines, location of buildings, proposed streets, pedestrian ways, utility easements, schools, parks or other public open spaces.

b.

Shifting of the overlay district's underlying zoning district if a corresponding zone change has been approved by the board of supervisors; and provided, that no changes in standards are proposed; for this purpose a change to an equivalent zoning district will not qualify as a major PAD amendment.

3.

The planning director may permit dwelling unit density transfers up to ten percent between units within the specific plan of development, provided:

a.

The procedures for such transfers are explicitly stated within the plan and will be allowed only once per unit;

b.

Density transfer proposals indicating donor and recipient areas are submitted to the department for administrative review and approval; and

c.

The overall density of the plan is not exceeded.

B.

Major PAD amendments. All other changes in the specific plan of development must be made by the board of supervisors, under the procedures authorized by this code for the amendment of the zoning map. No changes may be made in the specific plan of development unless they are required for the continued successful function of the planned development, or unless they are required by changes in conditions that have occurred since the plan was approved or by changes in the development policy of the county.

C.

If the multimodal circulation element of the comprehensive plan or if RSRSM access management manual standards impact approved PADs that exist at the time of the effective date of the 2009 comprehensive plan by specifying street locations and right-of-way widths that were not shown or stipulated to in approved PADs, such changes will still require the specific plan of development to meet the open space requirements in this chapter, but will not require the specific plan of development to meet the open space requirements of chapter 2.176 PCDSC; provided, that:

1.

The change in location of an individual zoning district does not result in a change in the overall size of the zoning district;

2.

The new zoning categories substantially correspond to the existing approved zoning categories;

3.

The change does not result in increased intensity of uses, as determined by the planning director;

4.

The change does not result in an increase in the total number of dwelling units; and

5.

The total of all changes under this subsection C do not impact more than 25 percent of the total area of the PAD.

This does not eliminate the need for a zone change and/or PAD amendment, if applicable.

D.

If the multimodal circulation element of the comprehensive plan or if RSRSM access management manual standards impact approved PADs that exist at the time of the effective date of the 2009 comprehensive plan by specifying street locations and right-of-way widths that were not shown or stipulated to in approved PADs, an applicant may request a change in zoning to the zoning districts identified in PCDSC 2.15.030; provided, that:

1.

The zone change is a shift in the boundary of an approved zoning district to accommodate the additional right-of-way identified by RSRSM; and

2.

The area being rezoned is equal in size to the amount of additional right-of-way specified and being provided in accordance with RSRSM along the affected zoning district's boundary.

E.

Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the specific plan of development unless an amendment to the plan is approved under subsection C of this section.

F.

Changes in the use of the common open spaces may be authorized by an amendment to the plan under subsection B of this section.

(Ord. No. 011812-ZO-PZ-C-007-10, § 17; Ord. No. 61862, § 3308. Formerly 2.175.080)

Notwithstanding any provision contained in this chapter, the floodplain management ordinance shall supersede this chapter in the event of conflict between their provisions and any variance from the floodplain management ordinance shall be obtained as provided therein.

(Ord. No. 011812-ZO-PZ-C-007-10, § 17; Ord. No. 61862, § 3309. Formerly 2.175.090)

The following requirements and limits are mandatory for all planned area developments and may not be waived or modified without amendment of this section by the board of supervisors.

A.

Minimum lot size and minimum common area.

1.

No residential lot for any manufactured/mobile home or travel trailer/recreational vehicle in any PAD overlay zoning district shall have an area of less than 1,800 square feet.

2.

No residential PAD overlay zoning district, or the residential portion of any PAD overlay zoning district that includes commercial, industrial or other areas, shall have less than 15 percent of its gross total residential area allocated to open space or other common areas or facilities. Commercial or industrial areas do not require the 15 percent open space allocation. The open space requirement of any PAD overlay zoning district, as approved by the supervisors, must be transferred with any portion of the PAD overlay zoning district which might be sold or reassigned. Buildings, structures, required yards, driveways, parking lots, streets, alleys or other surfaces designed or intended for vehicular travel shall not be included in the 15 percent.

3.

Subsection (A)(1) of this section may be waived by the commission and board of supervisors where the density of the underlying zone is preserved. In such a case, no more residential lots shall be permitted than would have been allowed had the entire residential project been developed in accordance with the underlying zoning. The remaining space shall be allocated to open space, parks, recreational facilities or other common area, but it shall not count towards streets, sidewalks and entry areas. PAD overlay zoning districts that include manufactured/mobile home lots or travel trailer/recreational vehicle lots shall have an underlying zone of (MH) manufactured/mobile home zone or (RV) recreational vehicle homesite zone for those purposes respectively.

B.

Minimum standards for private streets. Any private streets approved by the planning commission and the board of supervisors as part of a PAD shall meet the minimum requirements for composition and thickness of paving contained in the Pinal County subdivision regulations and requirements and minimum standards for subdivision street paving, as amended.

(Ord. No. 011812-ZO-PZ-C-007-10, § 17; Ord. No. 61862, § 3310. Formerly 2.175.100)

Notwithstanding any provision contained in this chapter, or any other provision of this title, no PAD overlay zoning district approved by the supervisors shall vest any rights in the applicant or affect the underlying zoning district until the restrictive covenants in their final form shall be recorded with the county recorder.

(Ord. No. 011812-ZO-PZ-C-007-10, § 17; Ord. No. 61862, § 3311. Formerly 2.175.110)