The purpose of this Section is to improve and protect the public health, safety, and welfare by pursuing unified planning and development and provide for development proposals, which are superior to that which may occur under conventional zoning regulations and the following objectives:
2. To encourage innovative site planning by providing:
a. Variety in individual lot sizes,
b. Variety in land uses,
c. Open space,
d. Preservation of natural topography,
e. Integrated circulation systems which provide for safe vehicular and pedestrian traffic interaction.
f. Solar design and water conservation features such as water harvesting, minimizing or eliminating use of turf in landscaping, incorporating design features which enhance and protect solar access and providing for solar orientation of structures.
3. To foster the safe and efficient use of the land.
4. To facilitate greater efficiency in design and provision of adequate public services and infrastructure.
5. To avoid the inappropriate development of lands and provide for adequate drainage and reduction of flood damage.
6. To encourage patterns of land use which decrease trip length of automobile travel and encourage trip consolidation.
7. To increase public access to mass transit, bicycle routes and other alternative modes of transportation.
8. To reduce energy consumption and demand.
9. To minimize adverse environmental impacts of development.
10. To foster a rational pattern or relationship between land uses for the mutual benefit of the community.
11. To protect existing neighborhoods from harmful encroachment by intrusive or disruptive development.
These provisions apply to any application for a rezoning to the PAD District.
C. General Provisions
The following standards and requirements apply to all PAD Districts:
3. Underlying zoning districts established:
a. All PAD development plans shall include underlying zoning designations. The underlying or base zoning districts are to be derived from existing Oro Valley zones and reflect the most logical designation in consideration of the proposed land use for a particular parcel, tract, block, or planning unit. The development standards of the underlying zoning districts will prevail where the PAD does not specifically modify said standards.
4. Modifications to the development standards of the underlying district may be permitted if they are found to offer a desirable improvement over the conditions produced by conventional zoning standards. The following standards may be modified:
a. Permitted and conditional uses,
b. Area/volume ratios,
d. Building height,
e. Distance between buildings,
The rezoning application shall follow the requirements of Section 22.3 with the following additions:
1. A tabular summary comparing all requested modifications to the normal underlying district standards shall be included in the PAD text. The summary will include rationale supporting the requested modifications.
2. A separate landscape concept plan shall be prepared which addresses the treatment of vehicular use, open space, pedestrian areas, and buffering of adjacent properties and uses including landscape buffer widths.
3. A text furnishing additional information as needed, including background information, appropriate detailing of development concepts incorporating architecture, open space, support data, and market studies, shall be submitted. The text shall, for each underlying zoning district within the PAD, include a listing of the proposed permitted and prohibited land uses and a statement indicating the variance of those land uses to the underlying zoning district. Schedules of development shall be included in the PAD text. If development and construction of the entire PAD is not to occur simultaneously, a plan showing the boundaries of each development phase shall also be provided.
4. Open space details, including allocation, dedication, floodplain preservation and percentages, by type. The amount of open space, both natural and landscaped, shall be specified, and treatments, purposes and ultimate ownership and maintenance of open space shall be described.
F. General Plan Compatibility
As a component of approval, all proposed PADs must be found to be consistent with the adopted Oro Valley General Plan and any other applicable, adopted area, neighborhood or specific plans. Compatibility is required for all applicable General Plan elements and shall be determined in accordance with subsection G of this section.
Lack of compliance with the General Plan or its subsets may, solely, form the basis for PAD denial. Any PAD applicant who recommends deviation from the General Plan or other adopted plans shall concurrently apply for, and process, a plan amendment. Only upon approval of such an amendment may a non-complying PAD be subsequently approved.
H. Findings – Specific and Required
As a basis of approval or conditional approval for a PAD District, the Planning and Zoning Commission and Town Council shall make the following required findings. Any or all of the specific findings are optional and shall be applied on a case-by-case basis.
1. Required Findings
The required findings function to assure that the purposes of the PAD zoning have been accomplished through a given PAD proposal. In order to approve a PAD, the Town shall find that:
a. The PAD development is in accordance with the adopted Oro Valley General Plan and a minimum of eighty percent (80%) of the applicable General Plan criteria, as outlined in subsection G of this section, are satisfied.
b. The PAD demonstrates innovative design in site planning.
c. The PAD fosters safe and efficient use of the land.
d. The development facilitates efficient design of public services and all infrastructure.
e. The development provides for adequate drainage and reduction of flood damage.
f. The PAD encourages reduction in automobile trip lengths and trip consolidation as measured against development under conventional zoning.
g. Public access to mass transit, pedestrian and bicycle circulation systems is provided and designed to assure that pedestrians can move safely and easily to properties and activities in the site and in the neighborhood.
h. The design and arrangement of elements of the site plan (e.g., building construction, orientation, and placement; selection and placement of landscape materials, and/or use of renewable energy sources, etc.) contribute to the overall reduction of energy use by the project as measured against development under conventional zoning.
i. The design and arrangement of elements of the site plan minimize adverse impacts to the existing natural topography, natural water courses, existing desirable vegetation, and views.
j. The elements of the site plan display a rational relationship (e.g., buildings, circulation, open space, and landscaping) between land uses for the mutual benefit of the community and neighborhood.
k. The PAD protects, in a manner equal or superior to existing zoning, existing neighborhoods from harmful encroachment by intrusive or disruptive development.
2. Specific Findings
In addition to required findings, the Town may wish to make supplementary specific findings relevant to individual PAD applications. Specific findings may include, but are not limited to, the following:
b. Conflicts that exist between the proposed development and the surrounding land uses have been effectively mitigated in the planned area development.
c. The project is designed so that the additional traffic generated does not have significant adverse impact on surrounding development, or the development has detailed plans to mitigate the adverse conditions.
d. The project contains known areas of natural or geological hazard (e.g., unstable or potentially unstable slopes, flood, etc.) or soil conditions unfavorable to urban development, and special precautions have been taken to overcome those limitations or these areas have been set aside from development.
e. The project will conform to applicable local, State, and Federal water quality standards including, but not limited to, erosion and sedimentation, runoff control and prohibited solid wastes and hazardous substances.
f. The proposed land uses and activities will be conducted so that noise generated shall not exceed the minimum performance levels established herein. Detailed plans for the elimination of objectionable noises may be required before the issuance of a building permit.
g. All developments will be connected to the public sewer system unless otherwise stipulated in the PAD document.
k. All signs in the project are in compliance with the provisions of Section 28.1.
l. Solar orientation and design concepts are incorporated in the PAD.
1. Prior to a zoning ordinance for a PAD District becoming effective, recordation of primary open space commitments shall be required. The instrument for open space recordation shall be a subdivision plat or block plat, which shall include a complete legal description.
2. If construction of the PAD does not occur according to the approved schedule of development, the PAD zoning shall lapse for all phases not complying with the schedule of development and all subsequent phases. Such schedule may be amended upon application to the Planning and Zoning Administrator thirty (30) days prior to the expiration of the PAD schedule of development. The amendment will be processed in accordance with the procedures outlined for all PAD rezonings.
J. Approvals Required
No structure or building shall be built or remodeled upon land in the PAD District until Planning and Zoning Commission approval for plats and development plans has been obtained as outlined in Section 22.9, including the posting of all required bonds and assurances, particularly site restoration assurances. Residential development in a PAD District which utilizes underlying single-family residential (R-1) zoning districts shall not be subject to Planning and Zoning Commission approval.