Chap02


	PO Box 670, 3700 W Main St, Thatcher, AZ 85552
	Phone (928) 428-2290 Fax (928) 428-7061
	Planning & Zoning Ordinance Article 29-19 Large Scale Development Section 29-19-1 Purpose To provide administrative procedures whereby policies for the development of land within the Town of Thatcher may be established. Section 29-19-2 Intent The intent of this title 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. Section 29-19-3 Policy The establishment of development policies and procedures is necessary in order to review land development proposals in a timely manner and to ensure that land development is properly planned and executed with due consideration of public services and facilities, surroundings and environment, and the general public health, safety, and welfare. Section 29-19-4 Application The following Large Scale Developments shall be permitted upon compliance with the regulations and restrictions hereinafter set forth: Design Standards (Town of Thatcher Code) and Municipal Utilities Policies (Chapters 13 & 14, Town of Thatcher Code). Upon review of any Large Scale Development by the Planning and Zoning Commission and upon approval of the development by the Town Council, the approved plan shall constitute the zoning requirements as applied to the land covered by the development: Planned Unit Developments Mobile Home Parks Mobile Home Subdivisions Travel Trailer Courts Group Dwellings. Section 29-19-5 Approval of Plans and Documents Necessary Any person wishing to construct a Large Development shall obtain from the Planning and Zoning Administrator information pertaining to the Town'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 prepared by a licensed engineer certified in the State of Arizona 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. Section 29-19-6 Preliminary Plan The Preliminary Plan must be prepared and submitted to the Planning and Zoning Commission for its approval. Five (5) copies of the preliminary plan must be submitted to the Planning and Zoning Department at least fifteen (15) days prior to the meeting of the Planning and Zoning Commission. The Preliminary Plan shall be drawn to a scale not smaller than one inch (1") equals one hundred feet (100'), 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 owner and designer; 3. Date submitted; 4. Scale of plan and north point; 5. Legal description of tract; 6. Zoning boundary lines and zone designation in the area surrounding the Development; 7. 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 (power and gas) lines easements, etc.; 11. Location and size of water mains, gas mains, and fire hydrants; 12. Location and size of existing and proposed sewers; 13. Bridge, 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 andihe 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 plants and architectural features to be used; 19. Size and character of recreation buildings and other structures associated with the land, and facilities to be used by the occupants and guests of the Development; 20. Tabulations showing: Area of land within the Development; Number of dwelling units permitted; Number of dwelling units provided for in the Development; Percent of area to be devoted to parks and playgrounds; 21. Location of each parking space; 22. Comply with material specifications as per Town Standards. 23. Any other data that the Planning and Zoning Commission may require in order to enable it to understand the proposal. Section 29-19-7 Documents Documents shall also be submitted with the Preliminary Plan consisting of: A declaration of management policies, covenants, and restrictions setting forth the responsibilities and duties of the renters or occupants within the Large Scale Development. An Agreement between the Developers and the Town stating among other things: 1. That the Developer will construct the project in accordance with approved plans; 2. 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 condition, the Town may perform the necessary maintenance work and for that 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; 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 Town Council, after recommendations from the Planning and Zoning Commission; 5. If any of the land or buildings contained within a Large Scale Development are to be divided into two (2) 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 Town Council and by the Town Attorney as to form. It is unlawful to divide any Large Scale Development into two or more separately owned units unless such Property Owners Association or Trust has been established which will provide, among other things, that each owner shall be subject to a prorated 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 Town may also recover costs resulting from such failure or neglect by civil action. 6. Any other conditions that the Planning and Zoning Commission deems to be reasonably necessary to carry out the intent of the Large Scale Development. Section 29-19-8 Design Criteria There shall be architectural unity and harmony within the Development and with the surrounding area. Grouping and spacing of buildings and structures shall provide for a restful and un-crowded environment. Section 29-19-9 Requirements Applying to All Large Scale Developments The following conditions and requirements shall apply to all Large Scale Developments: 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; All areas not covered by buildings, or by off-street parking space or driveways, shall be landscaped and maintained in accordance with good landscape practices. Permanent sprinkler systems shall be installed, when required by the Planning and Zoning Commission, to provide for irrigation of planted areas; The plan must be prepared by a licensed architect, landscape architect, civil engineer, or surveyor as required by the laws of the State of Arizona; Ownership or tax liability of private open space reservations shall be established in a manner acceptable to the Town Council and made a part of the conditions of the plan approval; Size of community facilities and the quality of materials shall comply with Town Standards. Specific Standards 1. Planned Unit Developments The following supplementary and additional Standards shall apply to a Planned Unit Development: Not less than ten (10%) percent of the gross area of the Development shall be designated as common 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; In addition to dwellings, the Development may include schools, churches, club house, or other nonprofit or public recreation buildings, and other uses which may be permitted in the surrounding zone. In a Planned Unit Development containing thirty-five (35) or more dwelling units, the Development may also include a retail convenience center; The Development shall contain not less than two (2) acres; The number of dwelling units shall be limited to ten (10) units per acre for townhouse developments and sixteen (16) units per acre for condominiums 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 (1) . acre multiplied by the number of acres within the Development. The building may also be clustered and individual lot size may be reduced below the requirements of the surrounding zone. No building shall be constructed closer than ten feet (10') to another building (this includes the roof overhang); Whenever a Planned Unit Development is on the opposite side of a street from one (1) . 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; Private streets that serve twenty (20) or more dwelling units shall be at least thirty feet (30') in width; streets that serve less than twenty (20) units shall be at least twenty feet (20') in width; All streets and parking spaces shall be hard surfaced and constructed to minimum Town Standards and Specifications; Property Development Standards in excess of the minimum standards herein specified may be imposed where it is determined by the Town Council that such increased Standards are necessary in order to ensure 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 Article 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; A setback of twenty feet (20) shall be provided on all Town streets, and such setbacks shall be landscaped; A minimum setback of fifteen feet (15') shall be provided on the outer periphery of the Development; A minimum of two (2) off-street parking spaces shall be provided for each dwelling unit. In addition, a separate area may be required for the parking of boats, travel trailers, and recreation vehicles, providing at least one hundred eighty (180) square feet of parking space for each dwelling unit of the Development; Maximum height shall be thirty feet (30') or two (2) stories. In the event that the land contained within a Developments 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; All areas not covered by buildings, or by off-street parking spaces or driveways, shall be landscaped and maintained in accordance with good landscaping practices. Permanent sprinkler systems shall be installed when required by the Planning and Zoning Commission, to provide for irrigation of planted areas. 2. Mobile Home Parks The following Supplementary and Additional Standards shall apply to Mobile Home Parks: "Mobile Home Park" shall mean a plot of land divided into spaces for exclusive mobile home use on a short-term or long-term rental basis. The Mobile Home Park shall be located adjacent to or not more than one-eighth (1/8) of a mile from a major street. The Mobile Home Park shall be in one ownership and shall remain in one ownership. The Park shall contain not less than four (4) acres of land. The minimum area of any mobile home space shall be four thousand (4,000) square feet. Maximum residential density shall be eight (8) spaces or lots per gross acre. Street lighting shall be provided along the private streets for the safety of pedestrians. Refuse collection areas shall be screened from public view. A minimum of two (2) vehicular entrances shall be provided. No entrance shall be located closer than fifty feet (50') to a street intersection. Exterior boundaries of the Mobile Home Park or Mobile Home Subdivision shall be bound by a solid fence, wall, or suitable planting having a minimum height of five feet (5) and a maximum height is six feet (6'). Trailer and boat storage shall be provided. A minimum of two (2) parking spaces shall be provided for each lot. Within six (6) months of their location in the Park or Subdivision, all mobile homes shall be adequately secured with anchors and tie-downs and shall be skirted on all four (4) sides with material similar in appearance to the material used to cover the mobile home. The minimum distance between mobile homes-excluding canopy arid buildings in the same Mobile Home Park shall be twenty feet (20'). Each mobile home including canopy shall be set back from the exterior boundary of the Park ten feet (10'). Each front side yard shall have a depth of not less than ten feet (10'). Each rear side yard shall have a depth of not less than ten feet (10'). Each back yard setback shall be fifteen feet (15'). Each street side yard setback for the mobile home shall be ten feet (10') excluding awnings or canopies. Canopies, awnings or other structures to provide shade or protection from weather shall be open on three (3) sides. There shall be a minimum of five percent (5%) of the total area of the Mobile Home Development dedicated or reserved as usable common "open space" land (for dual use, see ARTICLE 29 -38, Drainage Ordinance, Water Retention Basin). Common "open space" lands shall be clearly designated on the Plan as to the character of use and development but shall not include: 1. Areas reserved for the exclusive use or benefit of an individual tenant or owner; nor 2. Dedicated streets, alleys, and other public rights-of-way; nor 3. Vehicular drives, parking, loading, and storage areas; nor 4. Required setback areas at exterior boundaries of the site. Minimum width of private streets shall be twenty-six feet (26'). Said streets shall have curbs and be paved with asphaltic concrete or equivalent material. Private streets shall meet the Town of Thatcher Standards. All utility lines shall be placed underground within the Development. Each mobile home space or lot shall be provided with water, sanitary sewer, electric, gas, and telephone lines if needed, in compliance with applicable Town and/or County Codes. Fire hydrants shall be installed as required by the Town Engineer. Guest automobile parking areas shall be provided at a minimum ratio of one (1) parking space for each three (3) mobile home spaces. 3. Mobile Home Subdivisions The following Supplementary and Additional Standards shall apply to Mobile Home Subdivisions: "Mobile Home Subdivision" shall mean a plot of land subdivided into lots to be sold or leased on a long-term basis for mobile home use exclusively. A Mobile Home Subdivision must also meet the requirements of Thatcher's Subdivision Regulations. The minimum area of a mobile home lot shall be five thousand (5,000) square feet. Maximum residential density shall be six (6.0) mobile home spaces or lots per gross acre. Minimum acreage development shall be five (5) acres. There shall be a minimum of five percent (5%) of the total area of the Mobile Home Development dedicated or reserved as usable common "open space" land. Common "open space" lands shall be clearly designated on the plan as to the character of use and development but shall not include: 1. Areas reserved for the exclusive use or benefit of an individual tenant or owner; nor 2. Dedicated streets, alleys, and other public right-of-way; nor 3. Vehicular drives, parking, loading, and storage areas; nor 4. Required setback areas at exterior boundaries of the site. Exterior boundaries of the Mobile Home Park or Mobile Home Subdivision shall be bound by a solid fence, wall, or suitable planting having a minimum height of five feet (5') and a maximum height of six feet (6'). Trailer and boat storage shall be provided. A minimum of two (2) parking spaces shall be provided for each lot. Within six (6) months of their location in the park or subdivision, all mobile homes shall be adequately secured with anchors and tie-downs and shall be skirted on all four (4) sides with material similar in appearance to the material used to cover the mobile home. No mobile home or add-on shall be located closer than fourteen feet (14') to another mobile home or add-on. All mobile homes shall be set back at least twenty-five feet (25') from all roadways. Roadway widths shall conform to the Subdivision Regulations. 4. Travel Trailer Courts The following Supplementary and Additional Standards shall apply to Travel Trailer Courts. Travel Trailer Parks can be developed in conjunction with a Mobile Home Park, subject to the approval of the Commission, if set aside in a separate section of the park reserved solely for travel trailers. 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 (50') to the intersection of two (2) streets; All travel trailers shall be set back at least twenty feet (20') from any public street; All one-way roadways shall be at least twelve feet (12') in width and all two-way roadways at least twenty-six feet (26') in width and all roadways shall be hard-surfaced; Each travel trailer space shall be at least twenty feet (20') in width and at least forty feet (40') in length and shall be clearly marked on the ground; Each Travel Trailer Court shall be held in one (1) . ownership and shall contain at lest one (1) . acre of land; In addition to the above requirements all Travel Trailer Courts shall also conform to requirements of the Plumbing Code of the Town, and to the Regulations of the State Health Department. 5. Group Dwellings Same as for Planned Unit Developments except: 1. No common open space shall be required. 2. The Development shall contain not less than twenty thousand (20,000) square feet nor more than four (4) acres. Section 29-19-10 Planning and Zoning Commission Review The Planning and Zoning Commission shall review the Preliminary Plan of any Large Scale Development. In considering the plans, the Planning and Zoning Commission shall make sure: That the Development is consistent with the Comprehensive Plan for the Town; That the Development will constitute a living environment of sustained desirability and stability; That the Development will not produce a volume of traffic beyond the capacity of the surrounding street system; That requirements for utilities, off-street parking, traffic circulation and other public requirements will be adequately met; and That the design criteria and intent of this Chapter shall be adequately complied with. Section 29-19-11 Approval or Return of Preliminary Plans Within sixty (60) days from the date of submission, the Planning and Zoning Commission shall hold a public hearing to review the Preliminary Plan and documents and shall either approve them as submitted or shall refer them back to the Developer for one or more of the following reasons: The Development has been found to be inconsistent with either this title or the Comprehensive Plan; The Planning and Zoning Commission staff requires that certain specific changes be made in the plans. The plans or documents have not been completed. Inadequate utility supply. Section 29-19-12 Recommend Change of Zone Upon approval of the Preliminary Plan of a Large Scale Development, the Planning and Zoning Commission shall recommend to the Town Council that the zone map be amended. The Town Council shall then hold a public hearing thereon in accordance with Section 29-5-4 of this title. Section 29-19-13 Duration of Preliminary Plan Approval In the event that the Town 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 (1) year unless changing conditions require said approval to be rescinded by the Town Council, in which case notice of such actions shall be given to the owners of the property. Section 29-19-14 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. Section 29-19-15 Final Site Plan and Documents Within one (1) . 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: Conform to the approved Preliminary Plan Include all appropriate dimensions and easements, including the precise location of all utilities, streets, parking, park, and other improvements; Include a landscape plan; 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 Town; Properly signed documents shall also be presented with the Final Site Plan. Development of boundary lines fully balanced and closed, and tied to an established Town or County survey monument, with the location and description of all monuments, lot corners and other survey points in place. Section 29-19-16 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. One (1) . copy of the Final Plan shall be retained in the office of the Planning and Zoning Administrator. Section 29-19-17 Guarantees and Safeguards In order to insure that Large Scale Developments will be constructed and maintained in an acceptable manner, Developers shall be aware that utilities will not be provided until a Certificate of Occupancy is released. The Developer shall be responsible for the quality of all materials and workmanship. At the completion of the work, or not less than ten (10) days prior to the release of the Certificate of Occupancy, the Town Engineer shall make a preliminary inspection of the improvements and shall submit a report to the Town Manager setting forth the conditions of such facilities. If the conditions of material or workmanship show unusual depreciation or do not comply with the acceptable Standards of durability, the Town Council may declare the Developer in default. 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 Town and the Developer in the office of the County Recorder.