A.

Purpose. The purpose of the traditional neighborhood development (TND) zoning district is to provide alternative zoning district beyond the typical single use residential zoning category. The TND zoning district is a hard zone that is ready-made for master planned communities. Consistent and predictable development standards, a specific list of permitted land uses, and basic design standards are outlined in this article and throughout the PEDS to ensure a well-designed and walkable multi-use development. This district provides flexibility to create a sense of place, allows a mix of land uses and blended densities, and allows different building types to create neighborhoods that are more economically, socially, and environmentally sustainable than would otherwise be obtainable through conventional zoning and development methods.

B.

Intent. The intent is to provide for a sustainable development pattern that can reduce trip demand; provide a wide variety of residential uses to accommodate diverse family sizes, age groups, and income levels; promote a specific range of commercial uses focused on meeting the daily needs of the residents while being compatible with and integrated into the residential neighborhoods; promote walkability and a healthy lifestyle; create more viable self-sustaining neighborhoods where people can live, work, and play; and achieve design excellence that will enhance the unique character and setting of the city.

C.

General provisions.

1.

The TND zoning district may be appropriate for land that is within the Surprise General Plan neighborhood character area and may incorporate both suburban and urban residential development types.

2.

The minimum land area for TND zoning shall be three hundred twenty (320) contiguous acres; all under single ownership or unified control and planned as a single comprehensive and complete development. For the purposes of this ordinance "contiguous" means sharing a common boundary for not less than three hundred (300) feet, exclusive of rights-of-way.

3.

The TND zoning district allows a phased development with multiple land use parcels and a mix of land uses.

4.

All land uses shall comply with the land use matrix in Table 106-1c in Article I of this chapter.

5.

Any residentially designated lot within a residential development parcel may be used for a non-residential land use (limited to those uses delineated in Table 106-1c) only if the lot fronts onto a collector street; provided the maximum building size is limited to five thousand (5,000) square feet.

6.

Age qualified/restricted communities are prohibited within all TND projects.

7.

In addition to the other provisions, as listed in Section 106-1.8 herein, the TND zoning district is intended to work in conjunction with the TND specific standards outlined throughout the PEDS.

(Ord. No. 2024-03, § 1(Exh. A), 3-5-24)

A.

The TND zoning district shall be applied to all properties within the specific geographic area of the development and in conjunction with one (1) of the overlay zones and associated regulations identified in this section.

B.

The overlay zones indicate the proposed future land uses that are anticipated for the different development parcels that are shown on the "TND plan of development," but the definitive boundaries are not confirmed until the platting process is completed. The overlay zones associated with TND zoning district are described below:

1.

TND-R. This residential overlay is for those development parcels that are predominately designated for residential and the other neighborhood oriented land uses listed in Table 106-1c in Article I of this chapter.

2.

TND-C. This commercial overlay is for those development parcels that are predominately designated for commercial land uses listed in Table 106-1c in Article I of this chapter.

3.

TND-MU. This mixed use overlay is for those development parcels that are designated for mixed use by vertically or horizontally integrating residential with commercial land uses listed in Table 106-1c in Article I of this chapter.

4.

TND-OS. This open space overlay is for those development parcels that are designated as open space, to be retained in perpetuity as such, per the percentages required for the particular TND development. Uses shall be limited to those listed in Table 106-1c in Article I of this chapter.

C.

Required mixture of land uses.

1.

All TND developments will be required to provide a mixture of land uses that include residential, commercial, mixed use, and open space.Table 106-4a below identifies the specific ratios for the target mix of land uses based on the approved number of dwelling units in the overall TND project. An alternate mix of these land uses may be approved by the city council based on the individual characteristics of the TND development, including its topography, location, overall design and quality, the interface of its various components and the integration of the project into the overall community.

2.

The target gross residential density for a new TND development is eight (8) dwelling units per acre with the opportunity for greater or fewer lot yield being approved by the city council based on the overall design and quality of the project, its walkability and overall connectivity, the interface of its various components, and the integration of the project into the overall community (refer to subsection 106-2.1.C).

3.

TND developments shall provide housing types and varying lot sizes to prevent creating homogenous subdivisions filled with repetitive housing types. Every TND development shall provide a minimum of three (3) distinctly different lot categories (as defined per Table 106-4b) that meet the following criteria:

a.

A minimum of one thousand five hundred (1,500) square foot differential in lot area in combination with;

b.

A lot width differential of at least twenty (20) percent; and

c.

No one (1) lot category shall comprise more than sixty (60) percent of the total number of residential lots within a TND development and each of the three (3) lot categories must individually comprise a minimum of twenty (20) percent of the total number of residential lots within a TND development.

d.

Alternatives to these criteria may be approved as part of the TND plan of development if the proposed alternatives meet the intent of these lot diversity criteria.

4.

Each TND development shall have at least one (1) main civic use (excluding utility land uses), such as but not limited to a public library, community center, museum, live performance theater, multi-generational recreation center, or equivalent type use as approved by the planning director. The square footage or area of this civic use may be calculated as a percentage of the required ratio of commercial land use (not to exceed five (5) of the required commercial ratio).

5.

Golf course(s) (not including disc golf courses) may be calculated as open space up to a maximum of fifty (50) percent of the total required open space for a TND development. In order to be credited as open space the golf course must be designed so that at least fifty (50) percent of the course is visible to the public from and along public trails or rights-of-way.

(Ord. No. 2024-03, § 1(Exh. A), 3-5-24)

A.

Procedures.

1.

A "TND plan of development" shall be submitted as part the rezoning process pursuant to Chapter 102 of this ordinance. The TND plan of development is the compilation of exhibits that demonstrate compliance with all requirements of this ordinance; which at a minimum shall include the following.

a.

A master development plan map that identifies the size and location of each development parcel.

b.

Each development parcel shall be labeled with one (1) of the overlay zoning districts outlined in subsection 106-4.2 B.

2.

The final approved TND plan of development, which will govern the development progress of a specific TND project, shall reflect the project's acreage, approved lot yield, and land use ratios approved by the city.

3.

Platting of the individual subdivisions within the TND boundary will still be required and shall comply with the PEDS and other design standards as referenced and outlined in Chapter 107 and the land division and subdivision regulations in Chapter 108 of this ordinance.

4.

Parcels within a TND development that are proposed for any multiple-building apartment complex, mixed use development, civic use, or a commercial development project shall require site plan review.

5.

The specific overlay boundary lines and associated land uses (per Table 106-1c) along with the blended lot sizes for the residential parcel(s) shall be identified at the time of either the site plan approval or the preliminary plat and recorded on the final plat. The gross residential density for each residential and mixed use development parcel shall be in accordance with the approved TND plan of development.

6.

At the time of final plat recordation, or approval of the site plan if no subdivision is required, the overlay zoning boundaries are administratively set for the development parcel. The city shall monitor each TND development, from the approval of the TND plan of development through the platting stage, and then at the building permit stage to ensure that the land use mixture agreed upon through the initial rezoning process and the required variety of lot sizes and housing types is maintained. The city shall amend the official Surprise Zoning Map to reflect the approved "TND plan of development" and overlay zoning boundaries at each stage.

B.

Amendments.

1.

A council approved TND plan of development may be amended administratively for the following circumstances:

a.

Up to a ten (10) percent transfer (increase or decrease) in the allowed quantity of dwelling units between development parcels within the TND;

b.

Up to a ten (10) percent increase or decrease to the overall gross residential density of the TND as compared to the city council approval;

c.

Up to a ten (10) percent shift in the individual development parcel gross area or configuration, as compared to the city council approval.

2.

Requests for an administrative amendment shall require the following:

a.

The master developer, or the specific applicant if the master developer is no longer involved in the project, shall provide the city with a "revised TND plan of development" that reflects any and all administratively approved alterations to date.

b.

No further applications for plats, site plans, or building permits shall be submitted to the city until after the administrative amendment request has been determined; and if approved, a new "revised TND plan of development" showing the latest approved amendment has been submitted back to the city.

3.

Administrative amendment to the TND plan of development shall not be allowed if:

a.

Any amendment would require backbone infrastructure (water and wastewater) upsizing, or change the parameters for the master drainage design, or change the amount or intent of the open space component of the TND as compared to the initial approval.

4.

Any alteration to the "TND plan of development" that exceeds the limits set for administrative approval, as listed above shall require city council action as a TND amendment.

C.

Incentives.

1.

The TND zoning district complies with the neighborhood character area of the General Plan by allowing a variety of residential development types and specific supportive commercial. Additionally, the ratios used for defining the mix of required land uses, delineated in Table 106-4a, are based on dwelling unit and population as described in the General Plan. Thus a General Plan amendment should not be required, provided all other provisions of the city General Plan are satisfied.

2.

After the TND zoning and the associated TND plan of development is approved by the city, through the public hearing process, further rezoning of the individual development parcels will not be necessary provided development adheres to the approved TND plan of development.

3.

The city allows for certain infrastructure improvements within the public right-of-way to be calculated as open space if certain amenities are provided or design aspects are utilized (see the PEDS in Chapter 107 for specific details).

4.

The TND residential (TND-R) overlay is a zoning district where the "shared court" (commonly known as four-packs and five-packs), "shared cluster," "mansion apartment," or rowhouse/townhome housing products may be utilized in the city (see PEDS, subsection 2.5E for specific details).

(Ord. No. 2024-03, § 1(Exh. A), 3-5-24; Ord. No. 2025-08, § 1(Exh. A), 5-20-25)

A.

The specific development standards for the TND zoning district are outlined in Table 106-4b and Table 106-4c below. Each lot, regardless of the product type or land use, shall adhere to the development standards outlined in the following tables.

1.

All multi-family projects shall provide one hundred fifty (150) square feet of on-site open space per dwelling unit, which shall include surfacing and safety features such as lighting, and amenities that enable residents to use the open space. Acceptable types of open space are listed below.

a.

Common open space (excluding setbacks) with a minimum dimension of fifteen (15) feet in any direction that is accessible to all dwelling units by sidewalks or local paths. The space shall be oriented to maximize afternoon shade, unless site conditions such as topography warrant waiving this requirement by the community development director or designee.

b.

Individual balconies or patios (excluding front stoops) may be used for up to twenty-five (25) percent of the required open space. To qualify as open space, balconies or patios must be at least forty (40) square feet with no dimension less than five (5) feet.

c.

Rooftop decks and terraces may be used to meet up to fifty (50) percent of the required open space, provided the space provides amenities such as seating areas, barbeques, fireplaces, recreational spaces, shade and landscaping.

d.

On-site indoor recreation areas may be used to meet up to twenty-five (25) percent of the required open space provided the space is designed for communal use by all residents and provides space for entertaining, gathering, or exercise equipment and fitness activities.

e.

Environmentally sensitive areas may count toward open space requirements if integrated into the site design to be visible and usable by residents with features such as trails and benches. Sensitive or critical areas meeting these requirements may count for up to fifty (50) percent of the required open space.

B.

Deviations to the development standards in this section for any TND zoning district shall be considered part of a rezoning application and will be based on the individual characteristics of the TND development, including its topography, location, overall design and quality, the interface of its various components and the integration of the project into the overall community.

C.

All development parcels shall adhere to the approved TND plan of development.

(Ord. No. 2024-03, § 1(Exh. A), 3-5-24)