SECTION 38
PROTECTED DEVELOPMENT RIGHT PLANS
Subsections:
38.01 Protected Development Right Plans
38.01 Protected Development Right Plans
a. Applications
1. Applications for protected development right plans shall be filed in accordance with A.R.S. §§ 9-1201 through 9-1205 and this section. Only plans submitted to the city that have been designated as “protected development right plans” at the time of submittal shall be considered for processing as protected development right plans. Applications for protected development right plans for phased developments shall comply with the application requirements for overlay districts. Applications for protected development right plans for nonphased developments shall comply with the application requirements for site plan approval set forth in Section 37 and for subdivision plat approval.
2. Applications for a protected development right plan shall describe all of the following:
A. The proposed uses of the property;
B. The boundaries of the property;
C. Significant topographical and other natural features affecting development of the property;
D. The location of all existing and proposed utilities and a provision for other infrastructure on the property, including water, sewers, road and pedestrian walkways.
3. Applicants shall submit all other studies and reports required by this code, the subdivision code and other codes of the city, including traffic reports, drainage reports, master street plans, development phasing schedules and phased public infrastructure schedules.
4. The council shall set by resolution a fee for review and processing of protected development right plans. An application is not complete unless accompanied by such fee.
b. Developments Other than Phased Developments
1. A protected development right plan for a nonphased development shall be submitted as a site plan or preliminary subdivision plat and shall conform to all city requirements for site plan or preliminary subdivision plat approval. Plans submitted as protected development right plans shall be reviewed by the design review board, who shall submit its recommendation to the council for approval or disapproval.
2. An application for a protected development right plan for a nonphased development shall:
A. Designate the plan as a nonphased protected development rights plan at the time of submittal;
B. Comply with subsection a of this section;
C. Include the general location on the property of the proposed buildings, structures and other improvements;
D. Include the number of dwelling units and the square footage and height of the proposed buildings and other structures.
3. The protected development right plan shall be the final site plan or final subdivision plat approved by the council.
4. A protected development right plan for a nonphased development is valid for three years. In its sole discretion, the council may extend this time period for a maximum of two additional years if it determines such extension is warranted by all relevant circumstances, including the size and type of the development, the level of investment of the landowner, economic cycles and market conditions.
c. Phased Developments
1. A protected development right plan for a phased development shall be submitted as a planned area development and conform to all city requirements for planned area development and site plan or preliminary subdivision plat approval. Plans submitted as protected development right plans shall be reviewed by the design review board, who shall submit its recommendation to the council for approval or disapproval.
2. An application for a protected development right plan for a phased development shall:
A. Designate the plan as a phased protected development right plan at the time of submittal;
B. Be submitted as a planned area development;
C. Comply with subsection a of this section;
D. Include the proposed phasing plan, the boundaries of each phase, and the schedule of development of each phase;
E. Include the general location on the property of the proposed buildings, structures and other improvements for the first phase;
F. Include the number of dwelling units proposed for all phases of the development;
G. Include the square footage and height of the proposed buildings and other structures for the first phase.
3. The protected development right plan shall be the final site plan or final subdivision plat approved by the council for that phase. Approval of a protected development right plan for one phase of a development is not approval of a protected development right plan for any other phase. No subsequent phase after the first phase shall be developed until the information required by subsections a and (c)(2) and (c)(3) of this section has been submitted and the final site plan or final subdivision plat has been approved by the council for that phase.
4. A protected development right plan for a phased development is valid for five years. In its sole discretion, the city council may extend this time period for a maximum of two additional years if it determines such extension is warranted by all relevant circumstances, including the size, type and phasing of the development, the level of investment of the landowner, economic cycles and market conditions.
d. A protected development right plan approved with a condition or stipulation that a variance be obtained does not confer a protected development right until the variance is obtained. Approval of a protected development right plan does not guarantee approval of a variance.
e. Except as provided in subsections f, g and h of this section, a protected development right is the right to undertake and complete the development and use of property under the terms and conditions of a protected development right plan without compliance with subsequent changes in zoning regulations and development standards, and precludes the enforcement against the development of any legislative or administrative land use regulation of the city or an initiated measure that would change, alter, impair, prevent, diminish, delay or otherwise impact the development or use of the property as set forth in the approved protected development right plan. Upon approval of a protected development right plan, the owner has a protected development right to undertake and complete the development only to the extent of the specific elements and details shown on the plan without compliance with subsequent changes in zoning regulations and development standards.
f. A protected development right does not preclude enforcement of land use regulations that would change, alter, impair, prevent diminish, delay or impact the development or use of the property as approved in the protected development right plan under any of the following circumstances:
1. Changes agreed to in writing by the owner;
2. Declaration by the council by ordinance or resolution after notice and a public hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare if the project were to proceed as approved in the protected development right plan.
3. Declaration by the council by ordinance or resolution after notice and a hearing that the owner or his representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval of the protected development right plan by the city.
4. The enactment of a state or federal law or regulation that precludes development as approved in the protected development right plan, in which case the council, after notice and a hearing, may modify the affected provisions, on a finding that the change in state or federal law has a fundamental effect on the protected development right plan.
g. A protected development right does not preclude the enforcement of a subsequently adopted:
1. Overlay zoning classification that imposes additional requirements and that does not affect the allowable type or density of use, or ordinances or regulations that are general in nature and that are applicable to all property, so long as the overlay zoning classification does not affect the allowable type or density of use.
2. Development fees applicable to similar properties in the city adopted pursuant to A.R.S. § 9-463.05.
3. Building, fire, plumbing, electrical or mechanical code or other ordinance or regulation general in nature and applicable to all property subject to land use regulation by the city.
h. A protected development right does not preclude, change or impair the authority of the city to adopt and enforce zoning ordinance provisions governing nonconforming uses or structures on the property.
i. After the approval of a protected development right plan, the director of planning shall monitor the progress of the development to ensure compliance with the terms and conditions of the original approval. If the development is not progressing in compliance with the original approval, the director of planning shall submit a report and recommendation to the council, who may revoke its approval of the protected development right plan for failure to comply with applicable terms and conditions imposed on the approval.
j. The council may designate by ordinance or resolution a development plan that is not identified as a protected development right plan at the time it is submitted a protected development right plan upon a finding that granting a protected development right to undertake and complete the development shown on the plan will promote reasonable certainty, stability and fairness in the land use planning and regulatory process and secure the reasonable investment-backed expectations of the owner. (Ord. 04-91 § 1 (part))