Section 507. Development Review Approval.
A. Purpose.
1. Establish an integrated City-wide review procedure to process development review documents and subdivisions.
2. Ensure a high quality visual appearance and promote functional solutions for all development within the City of Phoenix.
3. Provide meaningful continuity between the appearance and function of individual projects. The requirements set forth are not intended to promote uniformity or stifle the creativity expressed in individual projects.
B. Applicability.
1. Development review applies to all public and private facilities in residential, commercial and industrial developments in the City in all zoning districts. The only complete exceptions to compliance with this section are as follows:
a. Single-family and duplex dwelling units constructed prior to May 1, 1998;
b. Interior tenant alterations or improvements which do not affect parking requirements or exterior building appearance;
c. Nonstructural remodeling of facade treatment;
d. Sign permits for properties not otherwise subject to development review;
e. Development submitted for site plan approval prior to the effective date of this section.
2. Exterior structural remodeling or new facade treatment to buildings without additional square footage is subject to development review approval as follows:
a. For properties located within the boundary of the Downtown Code, the following shall apply:
(1) Compliance with the development standards, design standards and design guidelines of Chapter 12 only for that exterior portion of the building being modified.
(2) Provision of landscaping in accordance with adopted streetscape designs unless prohibitive because of existing public utilities.
b. Reserved.
3. Additions to buildings are subject to development review approval as follows:
a. An addition of two thousand square feet or less to an existing building may be required to submit a site plan to the Department of Planning and Development but shall not be subject to the design review principles and guidelines set forth in Tab A of Section 507 if the impacts of the addition are not significant, with the exception that new structures or additions of 500 square feet or greater on properties located within the boundary of the Downtown Code shall be required to meet the shading requirements in Section 1207.D. The Department of Planning and Development shall determine the significance of an addition’s impacts on adjacent properties based on noise, odor, lighting, glare, vibration, visibility from a public street, and removal of site amenities which are included in a design review principle or guideline. Surface parking as a primary use is subject to the provisions of development review if the use is determined to have impact on adjacent uses or visibility from a public street as determined by the Department of Planning and Development.
b. When an addition of two thousand square feet or less to an existing building is determined by the Department of Planning and Development as having significant impacts, as described above, the addition shall be subject to full development review including the design review principles and guidelines.
c. When additions to a property after the effective date of this ordinance total more than two thousand square feet, the property shall be subject to full development review including the design review principles and guidelines.
4. Subdivision plats are processed in accordance with Chapter 32 of the City Code. Preliminary subdivision plats have the additional requirement to be reviewed and approved in accordance with the provisions of this section for context plan and the design review guidelines for subdivisions of Section 507 Tab A.II.C, "Subdivision design."
5. Existing legally constructed development with or without an approved site plan as of the date of this Ordinance is assumed to have a valid development review plan. Any site plans which received preliminary or final approval from the Department of Planning and Development prior to the enactment of this section shall remain and continue in full force and effect until such time as the plan is amended or its approval expires.
6. Implementation of single-family design review shall begin on May 1, 1998, for all subdivision applications which have not obtained preliminary development review approval. Any site plans or subdivision plats which received preliminary or final approval from the Department of Planning and Development prior to the enactment of this section shall remain and continue in full force and effect until such time as the plan is amended or its approval expires.
C. Design Review Principles and Guidelines. Design review principles, and guidelines are listed in Tab A and other sections of this Ordinance. The principles reflect desired goals and policies for the City. The guidelines indicate specific implementation standards. The guidelines consist of requirements, presumptions and considerations.
1. Requirements (R). Requirements (R) are guidelines contained in this and other sections of the Zoning Ordinance and specific plans. Requirements are not permissive in that they contain language that is not discretionary, such as "shall," "must" and "will." Requirements must be satisfied by any plan prior to design review approval. If a requirement cannot be satisfied, an applicant may seek relief through the variance process with the exception that those requirements followed by an asterisk (R*) are appealable to the Design Review Committee due to their design-related nature.
2. Presumptions (P). Most of the guidelines are presumptions (P). A guideline that is a presumption normally will contain the word "should." A plan submitted for design review is incomplete if it does not demonstrate that the presumptive elements have been in some way incorporated or overcome.
a. Overcoming a presumption. A presumption that may be unsuitable for a given project may be waived if an applicant can demonstrate to the Planning and Development Department that there is a good reason why the presumption is inappropriate, unless the property is located within the boundary of the Downtown Code. The Planning and Development Department may approve an alternative that achieves the intent of the presumption.
Appropriate reasons for overcoming a presumption include:
(1) Demonstrating that in this instance the underlying design principles will not be furthered by the application of the presumption;
(2) Showing that another design principle is enhanced by not applying the presumption;
(3) Demonstrating an alternative method for achieving the intent of the presumption;
(4) Explaining the unique site factors that make the presumption unworkable such as lot size and shape, slope, natural vegetation, drainage, and characteristics of adjacent development which are identified through their use of materials, colors, building mass and form, and landscaping.
Increase in the cost of development is not an acceptable reason to waive a guideline or determine that a guideline is inappropriate.
b. Appeals. In the event that a presumption is not incorporated or overcome, or if the property is located within the boundary of the Downtown Code an appeal may be filed by the applicant with the Design Review Committee. Appeals to presumptions (P) and requirements followed by an asterisk (R*) located in Tab A.II.C, "Subdivision design," shall be heard by the Design Review Committee.
c. Purpose and intent of single-family design guidelines. Notwithstanding the above, there are differences in the application of design guidelines for single-family development. In the R1-10 through R-5 zoning districts, the conventional development option establishes the baseline development conditions for single-family detached development. Deviations from these standards for the entire subdivision will require application of the planned residential development (PRD) option and the associated design guidelines found in subsection 507 Tab A.II.C. When applying these guidelines, staff will consider the unique conditions of each site, such as context area, lot size and shape, slope, natural vegetation, and drainage. In addition, staff will strive to ensure that affordable housing opportunities are not precluded. The PRD option is intended to encourage quality and creative design solutions through the use of flexible development standards. This design review structure is intended to foster a dialogue between staff and the applicant which facilitates creative responses to unique site conditions while being mindful of housing affordability.
3. Considerations (C). Design guidelines listed in the adopted design review guidelines as considerations (C) are issues and concepts that an applicant should consider in preparing a plan. Their omission is not grounds for rejecting a plan, but their inclusion or recognition is encouraged and may assist in overcoming certain presumptions and in gaining acceptance for a plan.
D. Process. The development review process includes the following steps:
1. Pre-application conference with the Planning and Development Department staff (see subsection E);
2. Preliminary review (see subsection F);
a. Submittal of design review documents by the applicant/property owner;
b. Routing of documents to various departments and agencies for comment where needed;
c. Staff review and consolidation of comments;
d. Preliminary design review meeting with applicant and any interested citizen where needed;
3. Consideration of any appeals (see subsection G);
4. Review of technical documents (see subsection H);
5. Final document submittal responding to staff comments (see subsection I);
6. Final approval of development review documents (see subsection J);
7. Building permit issuance (see subsection J);
8. Site inspection and issuance of certificate of occupancy (see subsection J);
9. Follow-up inspection (see subsection J).
E. Pre-Application Conference.
1. Purpose. The pre-application conference is a meeting between City staff and the development team to discuss the context plan for the site and how it affects the design and technical requirements for development, and to explain the City processes to secure permits for construction.
2. Applicability. A pre-application conference is required before submittal of all preliminary (new preliminary, revised preliminary and amendment) development review documents and time extensions. The Planning and Development Department may waive the pre-application conference, if the staff determines that it would not be necessary.
3. Context plan. The Context Plan shall show the relationship of the project’s site to its adjacent setting. The context plan must show the information required on the checklist provided and in the format required by the Planning and Development Department. The Planning and Development Department may waive any of the following items whenever they are not necessary for the proposed project. The context plan includes:
a. Existing conditions analysis showing surrounding property and the location and general footprint of existing development within the context area. The context area includes all adjacent parcels and property within approximately three hundred feet.
b. Conceptual site plan diagram showing the relationship of the proposed project to the existing development.
A context plan shall be required of the applicant at the time of the pre-application meeting.
4. Discussion items. The following items will be discussed at the pre-application conference:
a. Impact on surrounding properties.
b. Visual appearance.
c. Functional relationships.
d. Conformance to the design guidelines.
e. Compliance with zoning regulations and stipulations.
f. Right-of-way and easement dedications.
g. Technical requirements.
h. City processes.
F. Preliminary Review.
1. Application. An application is submitted to the Planning and Development Department by the property owner or his representative. It shall be accompanied by preliminary development review documents. Preliminary review of these documents shall not begin until all application requirements are complete.
a. Preliminary development review documents. The preliminary development review documents shall show how the design guidelines have been addressed. The preliminary development review documents must show the information required on the checklist provided and in the format required by the Planning and Development Department. The Planning and Development Department may waive any of the following items whenever they are not necessary for the proposed project.
(1) Context plan.
(2) Shading and reflectivity.
(3) Preliminary landscape plan.
(4) Building elevations.
(5) Technical information required by a checklist on file with the Planning and Development Department.
b. Notice. The Planning and Development Department shall notify persons who spoke in interest at the time of rezoning the property which is the subject of development review approval. These persons shall be invited to a meeting to review the development review documents.
c. Fee. The preliminary application shall be accompanied by a fee as set forth in the Appendix A.2 of the City Code.
d. Review.
(1) The Planning and Development Department may refer the development review documents to affected departments or agencies to check its compliance with pertinent City standards and regulations.
(2) The Planning and Development Department upon timely response from the other departments or agencies shall take one of the following actions:
(a) Approve the development review documents as submitted.
(b) Conditionally approve the development review documents with modifications. In addition to the special requirements of this section, the Planning and Development Department may impose on the development review documents such additional requirements affiliated with adverse impact as are necessary to safeguard the public welfare, safety and health or as necessary to implement City Council or Planning and Development Department policy. Additional requirements imposed by the Planning and Development Department may be appealed to the Design Review Committee or the City Manager’s representative as determined by the Planning and Development Department.
(c) Disapprove the development review documents. If the development review documents are disapproved, the Planning and Development Department shall notify the applicant of the reasons for disapproval and may state the modifications necessary for approval of the development review documents.
(d) Grant a time extension. If zoning or other City actions significantly affect the ability of the Department to review the project, then a time extension shall be granted. Payment of appropriate fees is required to remove a project from time extension.
e. The Planning and Development Department shall notify the applicant in writing of the decision within thirty calendar days after the application has been filed by the applicant. Following this decision, the City shall not impose additional requirements. For design review of residential subdivisions or residential architecture, additional provisions of development review approval may be applied if the applicant requests modifications to the originally approved development review documents.
f. Final approval. Development review documents shall be approved when the conditions of preliminary approval are met. Fees will be charged after the second resubmittal of the development review documents. One copy of the approved development review documents shall be filed in the office of the Planning and Development Department, and one copy sent to the applicant.
g. Modification to approved preliminary. If the property owner requests changes to the approved development review documents, the Planning and Development Department may require a revised preliminary submittal with the payment of appropriate fees as set forth in the Appendix A.1.
G. Design Alternatives and Sustainability Bonus Appeals. A design alternative or sustainability bonus appeal is a deviation from the prescribed standards and design guidelines. Design alternatives and sustainability bonus appeals apply to properties within the boundary of the Downtown Code, which would result in a furtherance of the goals and policies of the Downtown Phoenix Plan and the specific intent of the subject character area as approved by the DRC. Design alternatives apply to properties with Walkable Urban Code zoning, which would result in a furtherance of the goals and policies of Transit Oriented Policy Plans or other relevant policy plans.
1. Each design alternative application shall include, at a minimum, the following:
a. A Certificate of Appropriateness or Certificate of No Effect must be obtained in advance of filing for any property with a Historic Preservation (HP) zoning designation;
b. A listing of the standard(s) or guideline(s) that are the subject of the proposed design alternative;
c. A narrative statement describing the justification for the design alternative and the manner in which the proposed design alternative would result in a furtherance of the goals and policies of the Downtown Phoenix Plan, Transit Oriented Policy Plans, or other relevant policy plans and would satisfy the findings required for approval;
d. Site plan;
e. Building elevations;
f. Context plan;
g. Landscaping and shading plan;
h. List of property owners located within 150 feet of the subject property as supplied by the Maricopa County Assessor’s Office; and
i. Such other information as may be required by the Planning and Development Director or DRC.
2. Each sustainability bonus appeal application shall include, at a minimum, the following:
a. A listing of the credits that are being utilized and any support documentation (to be sealed by a licensed professional).
b. Site plan;
c. Building elevations;
d. Context plan;
e. A narrative statement describing any deviation from the prescribed credit(s) that indicates how the proposed standard is furthering the goals and policies of the Downtown Phoenix Plan and making a quantifiable improvement in the performance of the building(s);
f. List of property owners located within 150 feet of the subject property as supplied by the Maricopa County Assessor’s Office;
g. Such other information as may be required by the Planning and Development Director or DRC.
3. Within 15 calendar days of the date of filing a design alternative or sustainability bonus appeal application, the applicant shall mail a notice by first class mail to all property owners within 150 feet of the subject site explaining the request and providing the date, time and location of the DRC meeting at which the application will be reviewed.
4. In order to approve a design alternative, the DRC must make findings as follows:
a. That the project is consistent with the intent stated for the subject character area in the Downtown Code;
b. That the project demonstrates design excellence by addressing at least two of the following:
(1) Design innovation and the imaginative use of space, form and materials.
(2) Permeability and connectivity which enables people to move within, around and through the project with ease.
(3) The project improves safety and security by introducing human activity to the public realm with active building frontages onto streets and other public spaces, and enables "eyes on the street."
(4) The project incorporates materials and design which enhance thermal comfort.
(5) Modifications from prescribed standards as per Section 1313; and
c. That the project demonstrates design excellence by addressing design alternatives that demonstrate conformance with the intent of the Walkable Urban Code as set forth in Section 1301.B and in general conformance with the policies contained within the Transit Oriented Policy Plans or other relevant policy plans. The modifications must meet the standards set forth in Section 1313.
5. In order to approve a sustainability bonus appeal, the DRC must make findings as follows:
a. That the project is consistent with the intent stated for the subject character area;
b. That the project is improving the overall performance of the building(s) through generally accepted building and design standards and innovation; and
c. The increased entitlements are consistent with the improved performance of the building(s).
6. In approving a design alternative or sustainability bonus appeal, the DRC may impose any reasonable conditions to ensure that the approval complies with the findings required above.
7. A design alternative or sustainability bonus appeal application will be reviewed at a public meeting within 30 calendar days from the date of submission of the application. Any person invited to the review of the preliminary report with the applicant shall be informed by the Planning and Development Department of the date, time and location of the meeting.
8. A decision on the design alternative or sustainability bonus appeal application will be made by the DRC on the date of the public meeting unless continued at the discretion of the Committee and a certificate of approval shall be transmitted to the applicant in writing.
H. Appeals. There are two distinct categories of review standards, design and technical:
1. Appeal of design review decisions. An action or decision of the Planning and Development Department imposing conditions in accordance with presumptive design review guidelines, urban design principles, or design decisions which are imposed to protect the public health, safety and welfare may be appealed to the Design Review Committee within 15 calendar days from the date of the staff’s preliminary review decision. The Planning and Development Department will submit any background material regarding the appeal to the Design Review Committee within two working days prior to the hearing date.
a. Appeals shall be in writing on a form provided by the Planning and Development Department and shall include only those items being appealed.
b. An appeal will be heard within 30 calendar days from the date of submission of an appeal. Any person invited to the review of the preliminary report with the applicant shall be informed by the Planning and Development Department of the date, time and location of appeal hearing.
c. A decision on the appeal will be made by the Design Review Committee on the date of the hearing unless continued at the discretion of the Committee and shall be transmitted to the applicant in writing. The decision of the Design Review Committee shall be final.
2. Appeal of technical requirements. An action or decision of the Planning and Development Department which results from a non-design-related issue may be appealed within 15 calendar days to the City Manager’s representative. The Planning and Development Department will submit any background material regarding the appeal to the City Manager’s representative within two working days prior to the hearing date.
a. Appeals shall be in writing on a form provided by the Planning and Development Department and shall include only those items being appealed.
b. An appeal will be heard within 15 calendar days from the date of submission of an appeal. Any person invited to the review of the preliminary report with the applicant shall be informed by the Planning and Development Department of the date, time and location of appeal hearing.
c. A decision on the appeal will be made by the City Manager’s representative within five calendar days from the date of the hearing and transmitted to the applicant and interested parties in writing.
d. Appeal to Development Advisory Board. An appeal of the decision of the City Manager’s representative may be made to the Development Advisory Board within 15 calendar days after the date of the decision. Appeals shall be in writing on a form provided by the Planning and Development Department and shall include only those items not agreed upon. Within 30 calendar days after service of the "notice of appeal," the Planning and Development Department shall transmit to the Development Advisory Board and to the Law Department a transcript, with exhibits, of the City Manager’s representative’s hearing. The Development Advisory Board shall review the transcript and exhibits and may, at their discretion, hear further oral arguments and receive written briefs from both the applicant and the Law Department.
e. Development Advisory Board action. The Development Advisory Board may:
(1) Affirm the decision of the City Manager’s representative;
(2) Remand the matter for further proceedings before the City Manager’s representative; or
(3) Reverse or modify the City Manager’s representative’s decision.
The decision of the Development Advisory Board is final.
I. Review of development review documents.
1. Technical standards review. As a part of development review process, technical standards will be applied to each property and compliance will be required unless a property owner is relieved of the requirements through an appropriate appeal process. Applicable standards may include, but are not limited to, the current editions of the following:
a. Grading and Drainage, City Code chapter 32A.
b. Storm Drain Design Manual, Planning and Development Department.
c. Floodplains, City Code chapter 32B.
d. Streets and Sidewalks, City Code chapter 31.
e. Street classification map.
f. Driveway Standards Ordinance.
g. Uniform Standard Details for Public Works Construction (with City of Phoenix Supplement).
h. Landscape Standards and Guidelines, City of Phoenix.
i. American Nursery Association Standards.
j. Low Water Using Plant List Phoenix AMA, State of Arizona Department of Water Resources.
k. City Water Conservation Ordinance.
l. Shielding and filtering outdoor lighting ("Dark Sky"), City Code section 23-100.
m. Zoning Ordinance.
n. Phoenix Construction Code.
o. Phoenix Fire Code.
p. Subdivision Ordinance, City Code chapter 32.
q. American Society of Irrigation Consultants Minimum Standards For Landscape Irrigation.
2. Technical plans and development review documents. The following plans indicating dedications and improvements should be shown, as determined by the Planning and Development Department, and are required for review and approval:
a. Grading and drainage plans including, but not limited to, hillside and floodplain reviews.
b. Paving plans.
c. Water and sewer line plans.
d. Landscape plans, plant inventory plans, and plant salvage and tree protection plans.
e. Architectural plans and elevations.
J. Final document submittal. The Planning and Development Department may require the applicant to submit a revised site plan incorporating the imposed requirements, conditions and modifications.
K. Effect of development review approval.
1. Construction document submittal and building permit issuance. Approved development review documents are binding upon the property owners and their successors or assignees and nullify all previously approved plans. Copies of the approved development review documents or exemption must be included in any construction documents submitted for building permit approval. No building permit may be issued for any building or structure not in accordance with the approved development review documents and conditions of approval. The construction, location, use, operation, or maintenance of all land and structures within the site must conform to all conditions and limitations set forth in the development review documents. Evidence of development review approval in the form of a copy of the approved development review documents or exemption must be available on the construction site. In the event the site has not been developed or maintained in accordance with the approved development review documents, it will be considered a violation of the Zoning Ordinance.
2. Temporary construction facilities. Temporary construction facilities shall be permitted for the purpose of developing the project. In case of a question the Planning and Development Department shall determine if facilities proposed qualify as temporary and related to construction. Such facilities shall be removed within seven days after completion of initial construction or prior to issuance of the certificate of occupancy, whichever first occurs.
3. Amendments. No structure, use or element of approved development review documents shall be eliminated, altered, or provided in another manner unless an amendment is approved in accordance with the standards for new reviews.
4. Site inspection and issuance of certificate of occupancy. The Planning and Development Department must inspect each project for compliance with the approved development review documents prior to issuing a certificate of occupancy or certificate of completion. No final certificate of occupancy or certificate of completion will be issued if the structure and associated site improvements, including but not limited to site utilities, paving, grading, plant salvage and tree protection, and landscape installation, including irrigation, have not been installed, protected, or salvaged in accordance with the approved development review documents. The Planning and Development Department may issue conditional or temporary certificates of occupancy in conformance with the provisions of the Construction Code. In the case of subdivision development, the Planning and Development Department will monitor the buildout of each subdivision approved through the development review process for conformance to approved development review documents and exhibits. The Planning and Development Department may withhold the release of building permits within a subdivision if, at the discretion of the Planning and Development Director, the buildings within the subdivision are not conforming to diversity standards set by the approved development review documents.
5. Enforcement. Development review documents approved under this section shall be enforced by the Planning and Development Department under the supervision of the Zoning Administrator. Whenever enforcement personnel find that any proposed construction or occupancy or completed facility does not or will not comply with the approved development review documents, they shall require the property owner to comply with the conditions of the development review documents.
In the event the property owner does not comply with the conditions imposed on the development review documents, it will be considered a violation of the Zoning Ordinance.
6. Validity.
a. Preliminary approval. Approval of the preliminary development review documents is valid for a period of 24 months. In a phased project, if preliminary development review documents are filed over the total site and final development review approval is achieved on a portion of the site within the 24-month period, the preliminary development review documents will remain valid for an additional 12 months. Additional time beyond the 36 months requires written approval by the Planning and Development Director.
b. Final approval. Approved development review documents are valid for a period of 24 months and continue in effect beyond 24 months if a building permit has been issued and has not expired. If a final certificate of occupancy or certificate of completion has been issued for the site, approved development review documents will remain valid and enforceable until such time that revised or replacement documents for the site are approved by the Planning and Development Department. (Ord. No. G-3392, 1991; Ord. No. G-3628, 1993; Ord. No. G-4078, 1998; Ord. No. G-4109, 1998; Ord. No. G-4188, 1999; Ord. No. G-4724, 2005; Ord. No. G-5379, 2009; Ord. No. G-5480, 2010; Ord. No. G-5562, 2010; Ord. No. G-5777, 2013; Ord. No. G-6047, 2015; Ord. No. G-6176, 2016; Ord. No. G-6868, §§ 1, 2, 2021; Ord. No. G-6962, §§ 2—4, 2022)