Development Incentive Permit Process

Overview

A Development Incentive Permit provides relief from certain development standards to incentivize the development of smaller tracts of land that have been bypassed by previous development and would have difficulty meeting current development standards. 

The main steps in the process are:

Step 1: Pre-Submittal Conference

A Pre-Submittal application is required prior to filing an application for a Development Incentive Permit. Pre-Submittal applications are due each Monday by 12:00 pm. and must be submitted via the DIMES portal.

Staff will review the Pre-Submittal application for compliance with all appropriate standards, codes, specifications, and requirements and provide written review comments within 10 calendar days.

Applicants will have the option to attend a Pre-Submittal Conference to discuss the provided comments. Pre-Submittal Conferences are typically a half-hour and held each Tuesday morning. Conferences may be requested to be held in person or electronically.

Please note that a Pre-Submittal does not constitute a complete review or guarantee that all issues are identified.

Required Documents:

• Application - submitted through the DIMES portal  
• Project Narrative - describing the proposed project and design intent
• Fully dimensioned site plan

Desired Documents:

The following are desired items to be reviewed at the Pre-Submittal stage:

• Building Elevations
• Landscape Plan
• Photometric Plan
• Site Details

Step 2: Application Submittal

Application for a Development Incentive Permit may be submitted at any point after a Pre-Submittal Conference has been completed.

Complete applications and fees must be submitted electronically via the DIMES portal. Applications are due each Monday by the end of the business day.

The applicant is responsible for the accuracy and completeness of all information submitted. Incomplete applications will NOT be accepted.

Required Documents:

• Application - submitted through the DIMES portal
• Property Owner Authorization(PDF, 162KB)
• Project Narrative - describing the proposed project and design intent
• Justification and Compatibility Statement - addressing the following required findings:
  • How the proposed development is consistent with the General Plan, any other applicable Council adopted plans and/policies, and the permitted uses as specified in this Ordinance;
  • The incentives do not allow development that is more intense than the surrounding neighborhood; commensurate with existing development within a 1,200-foot radius of the by-passed property; and,
  • The architectural elements, construction and landscape materials, and other site improvements of the proposed development meet the intent of the Design Standards of this Ordinance
• Citizen Participation Plan - describing the residents, neighborhoods and homeowners’ associations that may be impacted and how the applicant intends to inform and engage the public in their development plans.
• Site Plan - fully dimensioned site plan showing the location and area of site development features building including but not limited to, buildings, structures, drive aisles, parking spaces, sidewalks, etc.
• Landscape Plan - showing the location, type, and size of all proposed landscaping. Provide a plant list, which includes the quantities of all proposed landscape material, common botanical names, and their square foot equivalencies (Table 11-33-2-E)
• Building Elevations - fully dimensioned, colored elevations showing sufficient detail to convey the architectural content for all proposed building and structures including building height, pitch of roof, percentage of openings, building materials and colors, and architectural elements
• Photometric Plan - including cut sheet details (If applicable
• ALTA/NSPS Land Title Survey - showing the location of existing utilities including water mains, sanitary sewer mains, storm sewer, cable, electric, gas, and telephone; location of all existing structures on the subject lot; and any recorded easements or deed restrictions  

Step 3: Staff Review

Staff will review the Development Incentive Permit application for compliance with all appropriate City standards, codes, specifications, and requirements and provide written comments within 5 working days of the next closest formal submittal listed on the Board of Adjustment Calendar(PDF, 353KB). This comment letter will identify requirements that need to be resolved before a public hearing is scheduled.  

The applicant will revise pertinent documents to address review comments and provide a written comment response letter stating how each review comment was addressed.  

This process repeats until all requirements are met.  

Step 4: Public Notice

When all comments have been addressed staff will schedule the project for a public hearing. The applicant is responsible for providing public notice of the Board of Adjustment public hearing.

Reminder to notice - No less than 21 days prior to the scheduled Board of Adjustment meeting, City staff will email the applicant the public notice letter template and upload to the case file a list of names and addresses of property owners, associations, and interested parties that must receive public notice.

Notice content - The public notice must contain the following information:

• A general description of the proposed project.
• The location of the project site.
• The identity of the hearing body or officer (i.e., Board of Adjustment).
• The names of the applicant or the owner of the property that is the subject of the application.
•  A copy of the site plan and elevations.
• A statement that any interested person or authorized agent may provide written comment.
• The date written comment must be provided by.
• A statement describing how to submit written comments.

Deliver letter - No less than 15 days prior to the scheduled Board of Adjustment meeting, the applicant must drop off the sealed and stamped public notices to the Planning Division no later than noon of that day. City staff will drop off the sealed and stamped public notices to the post office that same day.

Posting the project site - No less than 15 days prior to the public hearing City staff will post a sign on the property in a manner that is legible from public right-of-way with the hearing information pursuant to A.R.S. §9-462.04 or A.R.S. §9-462.06(F).

Citizen Participation Report - Applicants must provide a written Citizen Participation Report describing the results of implementing their Citizen Participation Plan at least 30 days prior to the first scheduled public hearing.

The Citizen Participation Report shall include the following information:

• A summary of neighborhood meeting (if held) including when and where they were held, number of attendees, copies of sign-in sheets, and results achieved at the meeting(s).
• A summary of citizen concerns, issues and problems expressed during the citizen participation process, and how these have been addressed through changes or stipulations to the project.
• Copies of comment letters, petitions, and other pertinent information received from residents and other interested parties.

Failure to comply with the citizen participation requirements or a determination that such efforts were insufficient to provide adequate opportunities for citizen participation, may result in postponement, rescheduling, or denial of an application.

Step 5: Public Hearing & Entitlement

Board of Adjustment hearings are typically held the first Wednesday of every month. A study session will occur before the hearing and typically take place at either 4:30 or 5:00 pm. Board of Adjustment hearings take place at 5:30 pm. 

Staff will prepare a staff report describing the proposed project and compliance with City codes and policies. Staff reports will be available and posted to the case file within the DIMES system the Thursday prior to the Board meeting. 

Staff will prepare and present to the Board a presentation outlining the proposed project at the study session. The applicant is highly encouraged to attend the meeting to answer questions and participate in discussion.  

Board of Adjustment