Willcox City Zoning Code
CHAPTER 17
88 LARGE SCALE DEVELOPMENT
17.88.010 Intent.
The intent of this chapter is to provide for a type of urban development in which more efficient use of land, more flexibility in land development and a better quality of living environment can be obtained than is obtainable under restrictions which must be imposed on lot by lot development.
(Prior code § 17.84.010)
17.88.020 Application.
The following large scale developments shall be permitted upon compliance with the regulations and restrictions hereinafter set forth. Upon review of any large scale development by the planning and zoning commission and upon approval of the development by the city council, the approved plan shall constitute the zoning requirements as applied to the land covered by the development:
A. Planned unit developments;
B. Mobile home parks;
C. Mobile home subdivisions;
D. Travel trailer courts;
E. Group dwellings;
(Prior code § 17.84.020; Ord. NS250, § 1, 2003)
17.88.030 Approval of plans and documents necessary.
Any person wishing to construct a large scale development shall obtain, from the planning and zoning administrator, information pertaining to the city's plan of land use, streets, public facilities, and other requirements affecting the land within the development. Before a permit can be issued for any construction connected with a large scale development, preliminary plans covering the entire development must be submitted, together with documents pertaining to the development, and a final site plan covering any part of the plan to be constructed.
(Prior code § 17.84.030)
17.88.040 Preliminary plan.
A. The preliminary plan must be prepared and submitted to the planning and zoning commission for its approval. Five copies of the preliminary plan must be submitted to the planning and zoning administrator at least two weeks prior to the meeting of the planning and zoning commission at which the plan will be considered.
B. The preliminary plan shall be drawn to a scale not smaller than one inch equals 100 feet, or as recommended by the planning and zoning administrator, and shall show the following information:
1. Type and name of development;
2. Name and address of the owner and the designer;
3. Date submitted;
4. Scale of plan and north point;
5. Legal description of tract;
6. Zoning boundary lines or zone designation in the area surrounding the development;
7. The proposed street, driveway and building site layout;
8. Typical street cross-sections;
9. Profiles of all streets and roads showing direction of surface drainage. Profiles must be shown on separate sheets but at the same scale as the preliminary plan;
10. Existing and proposed public utility lines, easements, etc.;
11. Location and size of water mains and fire hydrants;
12. Location and size of existing and proposed sewers;
13. Bridges, drain pipes, and culverts;
14. Existing and proposed storm drains;
15. Proposed reservations for parks, playgrounds, and open spaces;
16. Types of dwellings and other buildings and structures and the location of said buildings and structures on the building site;
17. Preliminary drawings of floor plans of typical dwellings, along with elevations of such dwellings and other buildings;
18. General planting plans showing the areas to be landscaped and the types of plans and architectural features to be used;
19. Size and character of recreation buildings, pergolas, arbors, and other structures associated with land and facilities to be used by the occupants and guests of the development;
20. Tabulations showing:
a. Area of land within the development;
b. Number of dwelling units permitted;
c. Number of dwelling units provided for in the development;
d. Percent of area to be devoted to parks and playgrounds.
21. Location of each parking space;
22. Any other data that the planning and zoning commission may require in order to enable it to understand the proposal.
(Prior code § 17.84.040)
17.88.050 Documents.
Documents shall also be submitted with the preliminary plan consisting of:
A. A declaration of management policies, covenants, and restrictions setting forth the responsibilities and duties of the renters or occupants within the large scale development;
B. An agreement between the developers and the city stating among other things:
1. That in the event of failure or neglect on the part of the owners, successors, or assigns to maintain the common areas, landscaping and other improvements in good conditions, the city may perform the necessary maintenance work and for the purpose may enter in upon the land and do said work and charge the cost thereof, including reasonable attorney's fees, against the owners or their successors or assigns;
2. That the developer will construct the project in accordance with approved plans;
3. That the contract shall be binding upon the heirs, assigns, receivers, successors of the project for the life of the buildings and project;
4. That no building shall be allowed to be constructed in the open space shown on the plan, except for recreation buildings, as approved by the city council, after recommendations from the planning and zoning commission;
5. Any other conditions that the planning and zoning commission deems to be reasonably necessary to carry out the intent of the large scale development.
C. If any of the land or buildings contained within a large scale development are to be divided into two or more separately owned units, a property owners' association or a trust must first be established which will insure proper maintenance of the common facilities. Such property owners' association or trust must be approved by the city council and by the city attorney as to form. It is unlawful to divide any large scale development into two or more separately owned units until such property owners' association or trust has been established which will provide, among other things, that each owner shall be subject to a pro rata charge for the maintenance of the common property, that said charge shall constitute a lien upon said property in the event of the owner's failure or neglect to pay his pro rata share, and that the association or trust will assume the responsibility for maintaining the development premises in the event of the failure of any member of said association to pay his pro rata share. It is unlawful for a property owners' association or trust to discontinue the maintenance of the development premises. In case of failure or neglect to comply with the conditions and regulations as herein established and as specifically made applicable to a large scale development, such failure or neglect shall be deemed to constitute a violation of this title. The city may also recover costs resulting from such failure or neglect by civil action.
(Prior code § 17.84.050)
17.88.060 Design criteria.
A. There shall be architectural unity and harmony within the development and with the surrounding area.
B. Grouping and spacing of buildings and structures shall provide for a restful and uncrowded environment. Landscaped areas, rather than off-street parking areas, shall be the dominant feature of the development.
(Prior code § 17.84.060)
17.88.070 Specific standards and requirements applying to all large scale developments.
The following conditions and requirements shall apply to all large scale developments:
A. In the event that the land contained within a development is traversed by a proposed collector or arterial street shown on the comprehensive plan, said development shall be designed in accordance therewith, and the right-of-way across the development for said collector and arterial streets shall be dedicated to the public;
B. All areas not covered by buildings, or by off-street parking space or driveways, shall be landscaped and maintained in accordance with good landscape practice. Permanent sprinkler systems shall be installed, when required by the planning and zoning commission, to provide for irrigation of planted areas;
C. The plan must be prepared by a licensed architect, landscape architect, civil engineer, or surveyor as required by the laws of the state;
D. Ownership or tax liability of private open space reservations shall be established in a manner acceptable to the city council and made a part of the conditions of the plan approval;
E. Size of community facilities and the quality of materials shall comply with city standards.
(Prior code § 17.84.070)
17.88.080 Planned unit developments.
The following supplementary and additional standards shall apply to planned unit developments:
A. Not less than ten percent of the gross area of the development shall be designated as common open space for parks and playgrounds for the use of occupants. The land covered by vehicular roads and off-street parking and the yards surrounding buildings which constitute open space pertinent to individual dwelling units shall not be included in computing the required area for open space;
B. At least 70 percent of the required yards which abut upon public streets shall be landscaped;
C. In addition to dwellings, the development may include schools, churches, club houses, or other nonprofit or public recreation buildings, and other uses which may be permitted in the surrounding zone. In a planned unit development containing 50 or more dwelling units, the development may also include a convenience center containing not more than ten square feet per dwelling unit in the development;
D. The dwelling units may be situated in one or more buildings provided the total number of dwelling units does not exceed the number of dwelling units permitted on one acre multiplied by the number of acres within the development. The building may also be clustered and individual lot sizes may be reduced below the requirements of the surrounding zone in which the development is located;
E. The development shall contain not less than three acres;
F. The number of dwelling units shall be limited to 15 units per acre;
G. No building shall be constructed closer than 20 feet to another building;
H. Whenever a planned unit development is on the opposite side of a street from one or more existing dwellings, then all yard and location requirements pertaining to the land across the street shall also apply to the frontage within the development;
I. Streets that serve 20 or more dwelling units shall be at least 30 feet in width;
J. All of the parking spaces shall be hard surfaced;
K. Property development standards in excess of the minimum standards herein specified may be imposed where it is determined by the city council that such increased standards are necessary in order to insure that the development will mesh harmoniously with adjoining or nearby uses of property and are necessary to accomplish the intent of planned unit developments. In the event that a developer does not desire to comply with the requirements of this chapter in obtaining approval of his development, he may develop his land in accordance with the requirements of the surrounding zone in which the development is located.
(Prior code § 17.84.080; Ord. NS155, § 2, 1992)
17.88.090 Mobile home parks.
The following supplementary and additional standards shall apply to mobile home parks:
A. The mobile home park shall be in one ownership and shall remain in one ownership. The park shall contain not less than four acres of land;
B. The mobile homes may be clustered and the individual lot sizes may be reduced below the requirements for single family dwellings in the zone in which the development is located, provided that the total number of mobile home units does not exceed eight units multiplied by the number of acres in the development. The remaining land not contained in individual lots, roads, or parking shall be set aside and developed as parks, playgrounds, and service areas for the common use and enjoyment of the occupants;
C. No less than ten percent of the gross area of the mobile home park shall be set aside as open space for use by the occupants. The open space shall be situated as near to the central part of the park as good design indicates. The land covered by vehicular roadways, sidewalk, and off-street parking and landscaped areas surrounding trailer spaces, which are pertinent to each trailer space, and areas devoted to service facilities shall not be construed as being part of the area required for open space;
D. No mobile home shall be located closer than 15 feet to the nearest portion of any other mobile home, except that metal carports having three or more open sides may be located within ten feet to another mobile home or add-on;
E. All mobile homes and add-ons shall be set back at least eight feet from all roadways within the mobile home park and at least 25 feet from public streets;
F. All off-street parking space and driveways shall be hard surfaced;
G. A strip of land at least eight feet wide surrounding the mobile home park shall be left unoccupied by mobile homes and shall be landscaped and otherwise designed to afford privacy to the development;
H. All mobile homes shall be skirted in compliance with section 17.40.040. All storage and solid waste receptacles outside of the confines of a mobile home must be housed in a closed structure. All skirting service buildings, patios, garages, carports, and other add-ons must also be compatible in design and construction with the mobile home and with the service buildings as approved by the planning and zoning administrator;
I. All mobile home spaces shall be occupied only after a written lease has been negotiated with the lessee which shall be made available to the officials of the city upon demand;
J. Roadways shall be of adequate width to accommodate anticipated traffic as follows:
1. For two-way traffic with no parking-24 feet in width;
2. For entrance streets and collector streets within the development-minimum of 36 feet in width. All streets shall be bordered by curbs, and the streets shall be hard-surfaced.
K. There shall be no more than two entrances from the mobile home park into any one street, which entrances shall be no closer than 75 feet from each other, nor closer than 70 feet from the corner of an intersection;
L. Access shall be provided to each mobile home stand by means of an access way reserved for maneuvering mobile homes into position and shall be kept free from trees and other immovable obstructions. Paving the access way shall not be permitted. Use of planks, steel mats, or other means during placement of a mobile home shall be allowed so long as the same are removed immediately after placement of the mobile home;
M. Off-street parking shall be provided at the rate of two parking spaces per mobile home space contained within the mobile home park. In no case shall the parking space be located greater than 100 feet away from the mobile home space it is designed to serve, except that one-fourth of the required parking spaces may be located not more than 300 feet away from the mobile home spaces it is designed to serve;
N. Mobile home parks containing not less than 50 mobile homes may include a launderette for convenience of the occupants of the park but not for the general public;
O. The yard which must be provided between a public street and the nearest mobile home shall be landscaped, except for permitted driveways, in a manner which is similar to conventional dwellings;
P. Yard Lighting. A minimum of two-tenths footcandles of light shall be required for protective yard lighting the full length of all driveways and walkways;
Q. An area of at least 100 square feet for each mobile home space contained within the park shall be provided for the storage of boats, trailers, campers, etc. Said storage space shall be enclosed with a sight-obscuring fence of not less than six nor more than eight feet in height;
R. In addition to meeting the above requirements, all mobile home parks shall also conform to requirements of the plumbing code of the city, and to the regulations of the state health department;
S. Property development standards in excess of the minimum standards herein specified may be imposed where it is determined by the city council that such increased standards are necessary in order to insure that the development will mesh harmoniously with adjoining or nearby uses of property and are necessary to accomplish the intent of mobile home parks. In the event that a developer does not desire to comply with the requirements of this chapter in obtaining approval of his development, he may develop his land in accordance with the requirements of the surrounding zone in which the development is located.
(Prior code § 17.84.090; Ord. NS116, 1985)
17.88.100 Mobile home subdivisions.
The following supplementary and additional standards shall apply to mobile home subdivisions:
A. The regulations pertaining to the subdivision of land within the city shall be adhered to;
B. Density shall not exceed six lots per acre of land contained within the subdivision and the subdivision shall contain at least four acres of land;
C. No less than ten percent of the gross area of the subdivision shall be set aside as open space for use by the occupants. The open space shall be situated as near to the central part of the park as good design indicates. The land covered by vehicular roadways, driveways, sidewalks, and off-street parking area and land contained within a lot shall not be construed as being part of the area required for open space;
D. No mobile home or add-on shall be located closer than 15 feet to another mobile home or add-on;
E. All mobile homes shall be set back at least 25 feet from all roadways;
F. A sight-obscuring wall or fence or a strip of land at least eight feet wide shall be constructed or provided around the mobile home park subdivision, except across roadways and along the front lot line of the subdivision, in order to afford privacy to the subdivision;
G. All mobile homes placed in the subdivision shall be skirted in accordance with section 17.40.040 and all skirting, buildings, add-ons and structures placed in the subdivision shall be compatible in design and construction with the mobile homes as approved by the planning and zoning administrator.
H. Roadway widths shall conform to the subdivision regulations;
I. An area of at least 100 square feet for each lot contained within the subdivision shall be provided for the storage of trailers, campers, and other material. Such storage space shall be enclosed with a sight-obscuring fence of not less than six feet nor more than eight feet in height;
J. Property development standards in excess of the minimum standards herein specified may be imposed where it is determined by the city council that such increased standards are necessary in order to insure that the development will mesh harmoniously with adjoining or nearby uses of property and are necessary to accomplish the intent of mobile home subdivisions. In the event that a developer does not desire to comply with the requirements of this chapter in obtaining approval of his subdivision, he may develop his land in accordance with the requirements of the surrounding zone in which the subdivision is located.
(Prior code § 17.84.100; Ord. NS116, 1985)
17.88.110 Travel trailer courts.
The following supplementary and additional standards shall apply to travel trailer courts:
A. The development shall abut upon an arterial or collector street as shown in the comprehensive plan of the city;
B. All entrances and exits from the travel trailer court shall be by forward motion only;
C. No exit or entrance from a travel trailer court shall be through a residential zone and no entrance or exit shall be located closer than fifty feet to the intersection of two streets;
D. All travel trailers shall be set back at least 20 feet from any public street;
E. All one-way roadways shall be at least 12 feet in width and all two-way roadways at least 20 feet in width and all roadways shall be hard-surfaced;
F. Each travel trailer space shall be at least 20 feet in width and at least 40 feet in length and shall be clearly marked on the ground;
G. Each travel trailer court shall be held in one ownership and shall contain at least one acre of land;
H. In addition to the above requirements all travel trailer courts shall also conform to requirements of the plumbing code of the city, and to the regulations of the state health department.
(Prior code § 17.84.110)
17.88.120 Group dwellings.
The following supplementary and additional standards shall apply to group dwellings:
A. Same as for planned unit developments except:
1. No common open space shall be required,
2. The development shall contain not less than 20,000 square feet nor more than four acres.
(Prior code § 17.84.120)
17.88.130 Reserved.
Editor's note(s)-Section 1 of Ord. NS250, adopted Nov. 17, 2003, repealed § 17.88.130 which pertained to farm labor camps, and derived from prior code § 17.84.130.
17.88.140 Planning and zoning commission review.
The planning and zoning commission shall review the preliminary plan of any large scale development. In considering the plan, the planning and zoning commission shall make sure:
A. That the development is consistent with the comprehensive plan for the city;
B. That the development will constitute a living environment of sustained desirability and stability;
C. That the development will not produce a volume of traffic beyond the capacity of the surrounding street system;
D. That requirements for utilities, off-street parking, traffic circulation and other public requirements will be adequately met; and
E. That the design criteria and intent of this chapter shall be adequately complied with.
(Prior code § 17.84.140)
17.88.150 Approval or return of preliminary plans.
Within 60 days from the date of submission, the planning and zoning commission shall review the preliminary plan and documents and shall either approve as submitted or shall refer them back to the developer for one or more of the following reasons:
A. The development has been found to be inconsistent with either this title or the comprehensive plan;
B. The planning and zoning commission requires that certain specific changes be made in the plans;
C. The plans or documents have not been completed.
(Prior code § 17.84.150)
17.88.160 Recommend change of zone.
Upon approval of the preliminary plan of a large scale development, the planning and zoning commission shall recommend to the city council that the zone map be amended. The city council shall then hold a public hearing thereon in accordance with section 17.16.040 of this title.
(Prior code § 17.84.160)
17.88.170 Duration of preliminary plan approval.
In the event that the city council approves a change in the zone map covering the territory described in the large scale development, approval of the preliminary plan shall be valid for one year unless changing conditions require said approval to be rescinded by the city council in which case notice of such actions shall be given to the owners of the property. If a final plan covering all or part of the territory covered in the preliminary plan has not been submitted within one year from the date of preliminary approval, the development will be deemed to be abandoned. Thereupon, the planning and zoning commission shall recommend that the territory included in the original plan be rezoned.
(Prior code § 17.84.170)
17.88.180 Stage construction permitted.
Development may be carried out in progressive stages in large scale developments in which event each stage shall be so planned that the requirements and intent of this title shall be fully complied with at the completion of each stage. No final plan for the initial stage shall cover less than minimum area required.
(Prior code § 17.84.180)
17.88.190 Final site plan and documents.
A. Within one year after approval of the preliminary plan, the developer shall submit to the planning and zoning commission a final site plan of either the entire large scale development or the first stage of such development. Such plan shall:
1. Conform to the approved preliminary plan;
2. Include all appropriate dimensions;
3. Include a landscape plan;
4. Contain all of the information required by this title, as well as all applicable information and plans required by the subdivision and building code ordinances of the city.
B. Properly signed documents shall also be presented with the final site plan.
(Prior code § 17.84.190)
17.88.200 Building permit.
No building permit shall be issued within said large scale development until final plans have been approved by the planning and zoning commission and the final documents filed in the office of the county recorder and until the bonds required under section 17.88.210 shall have been posted. One copy of the final plan shall be retained in the office of the planning and zoning administrator.
(Prior code § 17.84.200)
17.88.210 Guarantees and safeguards.
A. In order to insure that large scale developments will be constructed and maintained in an acceptable manner, developers shall post a bond, or mortgage or other valuable assets with the city, acceptable to the city manager, in an amount equal to the estimated cost of constructing and installing:
1. All required landscaping;
2. Street improvements, and hardsurfacing including automobile parking areas;
3. Curbs;
4. Parks and playgrounds;
5. Water, sewer and gas lines as shown on the approved final site plan. Estimates of cost shall be determined by a registered engineer and construction of all required improvements shall be completed within two years from date of final site plan.
B. In the event the developer defaults or fails or neglects to satisfactorily install the required improvements within two years from the date of approval of the plat by the city council or to pay all liens in connection therewith, the city council may declare the bond or other assurance forfeited and the city may install or cause the required improvements to be installed using the proceeds from the collection of bond or other assurance to defray the expense thereof.
C. The developer shall be responsible for the quality of all materials and workmanship. At the completion of the work, or not less than ten days prior to the release date of the bond or other assurance, the city engineer shall make a preliminary inspection of the improvements and shall submit a report to the city manager setting forth the conditions of such facilities. If conditions thereof are found to be satisfactory, the city manager shall release the bond or other assurance. If the conditions of material or workmanship show unusual depreciation or do not comply with the acceptable standards of durability, the city council may declare the developer in default.
D. In order to insure continued maintenance of a large scale development, the developer shall record both the declaration of management policies and the agreement between the city and the developer in the office of the county recorder.
(Prior code § 17.84.210)