A.

A planned area development is intended:

1.

To encourage a more creative approach in land development and result in better and more aesthetic use of open areas while maintaining the same population densities and area coverages permitted in this code.

2.

To establish planning and development control parameters while allowing sufficient flexibility to permit final detailed planning at the time of actual development, and allow flexibility in design, placement of buildings, use of open spaces, etc.

3.

To best utilize the potentials of sites characterized by the special features of topography, size and shape and encourage a possible inter-relationship of mixed uses between residential and commercial or commercial and industrial.

B.

For the purpose of this section, a PAD shall:

1.

Be a single development project or a phased development with specific plans for each phase;

2.

Be developed according to comprehensive and detailed plans that include locations of streets, utilities, lots, building sites and other uses; also site plans and floor plans for all buildings as intended to be located, constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings;

3.

Include a plan for the provision, operation and maintenance of common use areas, services, facilities and improvements.

(Ord. 2007-004 § 1 (part))

A.

A planned area development is a zoning overlay district which allows design modifications to the provisions of this code. A planned area development, therefore, shall follow the same procedure as a zoning amendment outlined in Section 301.

B.

A site plan for the planned area development shall be submitted with the zoning amendment along with all filing application materials and fees, as stipulated in Chapter 17.80.

C.

The application shall include a tabulation showing the total number of acreage in the proposed project and the amounts of acreage devoted to various residential dwelling types and commercial or industrial uses, and common open spaces, parks, schools and other reservations. The total number of dwelling units, off-street parking and loading spaces and overall density per gross acreage shall be a part of the tabulation.

D.

A copy of agreements and provisions of conveyance and restrictions which govern the use, maintenance and continued protection of the planned development and its common open space shall be submitted with the application.

(Ord. 2007-004 § 1 (part))

A.

The proposed project shall constitute an environment of sustained desirability and stability and will be in harmony with the character of the surrounding developments and neighborhoods and consistent with the purpose of this chapter.

B.

The yard requirements for the zoning class in which the planned area development is located shall apply to all exterior boundary lines of the site, except that the council may modify these requirements.

C.

To assure that the proposed development shall not adversely affect adjacent property in the absence of an appropriate natural physical barrier, one of the following may be required:

1.

Structures located on the perimeter of the planned development must be set back no less than the abutting zoning class or by a distance sufficient to protect the privacy and amenity of adjacent existing uses as determined by the commission;

2.

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

3.

Uses of least intensity may be required to be arranged along the boundaries of the project, such as requiring single-family dwellings to be constructed along the boundary of the development abutting other single-family dwellings on adjacent property;

4.

All structures shall conform substantially with the requirements of the comparable zoning class (i.e., height limitations, etc.);

5.

All infrastructure shall comply with standards and specifications set forth in the "Maricopa Association of Governments Uniform Standard Specifications for Public Works Construction (Revised)" or as approved by the town engineer.

D.

Every structure containing residential, commercial or industrial units shall have access to a street directly, or other permanent open space, common yard, or outer court, dedicated to the public use or owned and maintained as common ground.

E.

In a residential planned area development there shall be a minimum of ten percent of the total site area of the planned area development dedicated or reserved as usable, "common open space." Common open space lands shall be clearly designated on the plan as to character of use and development but shall not include:

1.

Areas reserved for the exclusive use or benefit of an individual owner or tenant; nor;

2.

A dedicated or private streets, alley easements or other public right-of-ways; nor;

3.

Vehicular drives, parking, loading and storage areas.

F.

The number of dwelling units permitted in any district shall be determined by dividing the site area by the minimum lot area per dwelling unit required in the zoning district in which the site is located.

G.

No planned development for residential use may include less than ten acres of contiguous land unless the town council finds that a tract containing less than ten acres is suitable as a planned area development by virtue of its unique character, topography or other features.

(Ord. 2007-004 § 1 (part))

The planning and zoning commission shall insure that the public welfare and safety is preserved and that provision is made for harmonious and appropriate development by requiring as needed:

A.

Provision of public use space for parks, schools, recreation areas, etc.;

B.

Coordination of street layout with existing or planned streets;

C.

Preservation of natural features, such as trees, hilltops, watercourses, and archaeological sites;

D.

Conceptual plans of building design in addition to a comprehensive plan for the development;

E.

Proof of adequate sanitary sewage and water systems;

F.

Adequate fire protection;

G.

Schedule of plan implementation;

H.

Additional issues of public interest.

(Ord. 2007-004 § 1 (part))

The following procedures shall be followed for any amendment to a PAD including amendments to the development phasing schedule:

A.

Major Amendments. A PAD district applicant or his successors in interest may file a request for a major amendment with the planning and zoning department. The change will be deemed major if it involves any one of the following:

1.

An increase in the approved totals of dwelling units or gross leasable area for the PAD district;

2.

A significant change in zoning boundaries as determined by the zoning administrator from those approved for the PAD district;

3.

Any change which could have significant impact on areas adjoining the PAD as determined by the zoning administrator;

4.

Any change which could have a significant traffic impact on roadways adjacent or external to the PAD as determined by the zoning administrator.

The zoning administrator shall bring the major amendment before the planning and zoning commission and town council and will submit background material and recommendations.

B.

Minor Amendments. A PAD district applicant or his successors in interest may file a request for a minor amendment with the zoning administrator.

The request will be routed for comment to any affected municipal departments or other agencies for comment.

Upon receipt of comments, the zoning administrator will determine whether the requested change is minor or major.

If the requested change is determined to be minor, an amended plan shall be submitted for public record.

(Ord. 2007-004 § 1 (part))

In the event that it becomes necessary to interpret stipulations within the PAD district, the board of adjustments shall hold a hearing and make such interpretations.

(Ord. 2007-004 § 1 (part))

A.

The PAD designation shall continue to be implemented and maintained for the total acreage of the PAD district, even though ownership may subsequently be transferred in whole or in part.

B.

It is the responsibility of the owner to notify all prospective purchasers of all or part of the property within the district of the existence of the PAD district designation and the development agreement contained therein.

C.

Conformance with the PAD shall be enforced by recordation of the appropriate deed restrictions for each parcel of property within the district, prior to the issuance of building permits, for each development unit.

D.

Notification and recordation as provided above shall be required in order to retain the unitary aspect of the district.

E.

Application for approval of the first development unit shall be made, and development shall commence, within two years of the date upon which the PAD district amendment was approved. Applications for approval of subsequent units shall be made in accordance with the development-phasing schedule contained in the PAD development agreement.

F.

Failure to commence development within the two-year time period shall cause the PAD district classification to become null and void, and any property rezoned in conformance with the PAD district amendment and the PAD program to revert to its former zoning classification without further action by the town council.

G.

At such time that the planning and zoning commission shall determine that the applicant is not proceeding to develop in accordance with the PAD development schedule and agreement, it shall notify the applicant in writing of such deficiency and shall, simultaneously, notice a hearing to determine the cause of the delay.

H.

The hearing shall be held within thirty (30) days of the date of the written notice, and shall follow commission procedures for hearings.

I.

The commission may determine good cause for such deficiency and may, in conjunction therewith, entertain an application to amend the development phasing schedule.

J.

The commission may determine that there is no good cause for such deficiency, and in such event may impose additional restrictions on the applicant to ensure future compliance with the PAD program including, but not limited to, the filing of such periodic reports as the commission shall require to enforce this provision.

K.

At such time that the commission shall determine that the current owner of any portion of the PAD district is not in compliance with a provision of the PAD program or the public dedication or improvement schedules no further vesting of zoning or approval of final site plan or subdivision plats shall occur for that portion. Such determination of noncompliance shall be at a public hearing. The applicant and current owner(s) shall receive written notice of hearing.

(Ord. 2007-004 § 1 (part))