Cedar Hills City Zoning Code
CHAPTER 6
LARGE SCALE DEVELOPMENT
10-6-1: LEGISLATIVE INTENT:
The intent and purpose of the large scale development provisions of this title shall be to:
A. Facilitate the orderly development of the city in accordance with the city general plan.
B. Permit developers to vary density, architectural styles and building forms on a project by project basis, rather than on the basis of traditional zoning concepts.
C. Reduce the tax burden for special services, the costs of which can be more appropriately charged to property owners within the developments.
D. Facilitate a more economical arrangement of buildings, circulation systems, land use, drainage and utilities than would otherwise be possible.
E. Promote superior maintenance of buildings and jointly owned open space and facilities within the development, through the use of agreements between the city and homeowners' or property owners' associations.
F. Facilitate proper development of otherwise derelict and inaccessible land in the centers of blocks.
G. Establish more definitively the rights, duties and responsibilities of land developers and lot owners with respect to the development and maintenance of land.
H. Coordinate the requirements of the condominium enabling act and the planning enabling act. (Ord. 10-11-95A, 10-11-1995)
10-6-2: LARGE SCALE DEVELOPMENTS PERMITTED:
The following types of large scale developments may be constructed, but may be located only in the zone in which such development is listed as a permitted use:
A. Planned commercial development projects.
B. Planned residential developments.
C. Condominium projects.
D. Condominium conversion projects.
E. Flexible design subdivision projects.
F. Planned townsite projects. (Ord. 8-17-2000A, 8-17-2000)
10-6-3: PROCEDURE LEADING TO APPROVAL:
A. Developer Confers With Site Plan Review Committee:
1. The developer shall meet with the site plan review committee to discuss the basic concept of the proposed large scale development and to obtain information concerning the city requirements for approval and construction.
2. The purpose of the conference is to acquaint the developer with the range of opportunities for development under the large scale development provisions, and also to ensure that the developer is fully aware of the approval procedure and the requirements and standards for design and construction of the project, and the content of the required documents and statements.
B. Preapplication Conference:
1. The developer shall prepare and present to the site plan review committee:
a. A sketch plan and general written description of the project. (See city design standards and public improvement specifications.)
b. A statement indicating the present ownership status of the land.
2. The purpose of the conference is to provide informal assistance to the developer in the preparation of the plans early in the process. The staff may suggest changes in the proposed layout in order that the project may be more fully consistent with the city general plan and also with the city development regulations and policies. The recommendations from the staff shall be purely advisory and in no way shall the conference be construed to constitute approval of the plan.
C. Developer Prepares Preliminary Plans, Documents And Statements And Submits To Staff:
1. After the preapplication conference, the developer shall prepare and submit to the planning commission:
a. An application for approval of the large scale development.
b. Copies of all required preliminary plans, documents and statements.
c. Evidence of payment of the required review fee.
d. Evidence of water right proposed to be conveyed to the city.
2. The number of copies to be submitted and the period of time prior to the date of consideration of a proposal shall be as set from time to time the city engineer.
D. Staff Reviews Preliminary Plans, Documents And Statements: Upon receipt of the submission from the developer, the staff shall:
1. Review the plans, documents and statements for completeness and for conformance with the city general plan and standards.
2. Submit said plans, documents and statements or portions thereof to the city engineer, city attorney, fire chief and other appropriate public agencies for their review and recommendation.
E. Staff Submits Preliminary Plans, Documents And Statements To Planning Commission: Upon completion of the review by the staff, the preliminary plans, documents and statements shall be submitted to the planning commission, together with a verbal or written report summarizing the results of the review process and making recommendations for further action.
F. Planning Commission Reviews And Takes Action On Preliminary Plans, Documents And Statements:
1. The planning commission shall review the preliminary plans, documents and statements, together with the findings of the staff review process and shall act to recommend or not recommend the proposal, or recommend it subject to modification.
2. Action by the planning commission shall not constitute final approval of the project but shall be deemed as a positive recommendation to the city council that a public hearing on the proposed project be advertised and held and the project approved.
G. Planning Commission Submits Plans To City Council: Upon review and recommendation of the preliminary plan, documents and statements by the planning commission, copies shall be submitted to the city council for its review.
H. City Council Reviews Plans, Documents And Statements; Public Hearing: The city council shall review the preliminary plans, documents and statements and shall advertise and hold a public hearing on the proposed project. Said hearing shall be called in the same manner as an amendment to the zoning ordinance.
I. City Council Takes Action On Preliminary Plans, Documents And Statements:
1. Following the public hearing, the city council shall act upon the preliminary plans, documents and statements to approve, disapprove or approve subject to modification. If disapproved, no further action is required. If approved subject to modification, the plans, documents and statements shall be returned to the planning commission with instructions that the developer should modify the plans, documents and statements in accordance with required changes and to resubmit the modified proposal to the planning commission for its further review and recommendation.
2. If approved, the preliminary plans, documents and statements shall be returned to the staff with instruction to authorize the developer to proceed to prepare and submit the final plans, documents and statements through the planning commission.
3. Upon passage of a motion by the planning commission and city council to approve the preliminary plans, documents and statements, the city shall be committed to grant final approval of the final plans, documents and statements upon compliance with all procedures, standards, requirements and any conditions attached to said approval relating to the applicable large scale development. The preliminary plans and documents shall be valid for twelve (12) months from the date of action by the city council. The time limit may be extended for an additional year upon approval by the planning commission. Any extension of time shall be officially requested in writing, and submitted to the planning commission thirty one (31) days prior to the end of the twelve (12) month preliminary approval period. No construction shall be permitted until final approval of the development has been obtained.
J. Developer Prepares And Submits Final Plats, Plans, Documents And Statements:
1. After receiving authorization to proceed, the developer shall prepare and submit to the planning commission:
a. Application for final approval.
b. A linen or reproducible tracing and such number of paper copies as are determined necessary for distribution for review.
c. Copies of the final engineering plans.
d. Copies of the final documents and statements.
e. Copies of an itemized estimate of the cost of constructing the required improvements.
f. Evidence of payment of review and recording fee.
g. Documents conveying water rights to the city.
h. Evidence of ownership of the land proposed verifying that the applicant has sufficient control over the premises to effectuate said dedication without boundary exceptions.
2. All submissions shall be prepared in accordance with city standards. The number of copies to be submitted and the period of time prior to the date of consideration of a proposal shall be as set from time to time by the city engineer.
K. Planning Commission Acts On Final Plats, Plans, Documents And Statements:
1. When the plans, plats, documents, cost estimates, and other materials required for approval have been completed in final form, the developer may make application to the planning commission and the planning commission will grant final approval after reviewing the final plan and ascertaining that:
a. The final plans conform substantially with those given preliminary approval.
b. The final plat complies with the requirements and standards relating to the applicable type of large scale development.
c. The final documents and statements comply with the standards relating to the applicable type of large scale development.
d. The estimates of cost of constructing the required improvements are realistic.
e. Tax liabilities of the common open space (wherever a large scale development involves the reservation of common open space) have been determined.
2. Upon a finding of approval, the planning commission chair shall be authorized to sign the required final plats.
L. Developer Posts Performance Guarantee: Upon a finding of approval of the final plans, plats and documents by the planning commission, the developer shall post performance guarantees in accordance with the provisions of title 9, chapter 2 of this code. (Ord. 10-11-95A, 10-11-1995; amd. 2004 Code)
M. City Council Acts On Final Plans, Plats And Documents:
1. After the planning commission recommends approval of the final plans, plats, documents, cost estimates and tax liabilities of the common open space, where applicable, a copy of the same shall be submitted to the city council for its approval. The city council will review said plans, plats, documents, cost estimates, tax liabilities, together with the recommendations of the planning commission, and, subject to a properly presented motion by a member of the city council, act to approve said plans, execute all appropriate documents and agreements, and final plats, and accept all public dedications. Final approval by the city council shall be by adoption and publication of an ordinance amending the official zone map to show and identify the area included within the development. Upon adoption and publication of the ordinance, the specific requirements of the underlying zone shall be considered modified in conformance with the said plans, plats, documents and agreements as approved by the city council.
2. Preliminary and final approval of a large scale development project may be combined (subsections F through M of this section), provided: a) the project plan does not include a division of property or the dedication of property for public purposes; and b) all requirements for preliminary plan and final plat approval shall have been complied with. (Ord. 3-4-2003C, 3-4-2000)
N. City Records Plats And Documents: Upon passage and publication of the amending ordinance, the city recorder shall record all final plats, documentation and agreements in the office of the county recorder and shall notify the developer to proceed with construction upon the payment of all review and permit fees.
O. Amendments: The plans, plats, documents and statements may be amended by following the same procedure required for initial approval. No change shall be made that is contrary to the intent of the city general plan or the standards and requirements of this title. Any amendment of a recorded final plat that also qualifies as a subdivision shall not be approved or recorded until the existing recorded plat has been vacated in accordance with the provisions of state law. (Ord. 10-11-95A, 10-11-1995; amd. 2004 Code)
10-6-4: PLANNING, DESIGN AND DOCUMENTATION:
The layout and design of all large scale developments and all plans, plats, documents, agreements, brochures, statements and other required submissions shall be prepared in accordance with the provisions of the applicable ordinance and any city standards that may have been adopted. (Ord. 10-11-95A, 10-11-1995)
10-6-5: CONSTRUCTION REQUIREMENTS:
A. Developer Must Construct Improvements In Accordance With Plans: All large scale developments shall be constructed in accordance with the approved final plans and all final plans, plats, documents and agreements shall be binding on the developer, his successors, grantees and assignee, and shall limit the use of the land in the development as set forth in the approved plans, documents and agreements. In the event that the developer performs construction work that is not in accordance with approved final plans, the city engineer or other authorized representative shall cause further work to be discontinued and the city council shall obtain compliance or shall revoke all permits relating thereto.
B. Developer Must Construct Improvements Within Permitted Time Period: All improvements required under the terms of the applicable type of large scale development shall be constructed within the time period specified for the duration of the guarantee of performance, except that the city council, upon recommendation of the planning commission, may require the developer to install the landscaping on all or part of the common open space or to construct other specific required improvements on all or part of an approved large scale development within a time period that is less than the maximum time period specified, but that shall not be less than six (6) months from the date of said approval. If no development has occurred pursuant to the adopted plan within twelve (12) months after the date of final approval, the city council may revoke any building permits issued and may repeal all prior approvals of the development.
C. Staged Construction Permitted: Development may be carried out in progressive stages, provided assurance is given to the city council that the requirements and intent of this title with respect to each stage, shall be fully complied with. Each stage shall be considered as a separate application.
D. Developer Responsible For Quality Of Construction: The developer shall be responsible for the quality of all materials and workmanship. (Ord. 10-11-95A, 10-11-1995)
10-6-6: CONTINUING OBLIGATION:
It shall be the obligation and duty of the developer or his successors or assignees to carry out the conditions made applicable to the development plans, documents and agreements. In case of failure or neglect to comply with any of the conditions and regulations as herein established, and as specifically made applicable to a large scale development, neither the city engineer, chief building official, zoning administrator, nor the planning commission shall issue a certificate of zoning compliance therefor. Such failure or neglect to comply with the construction and ongoing requirements as herein set forth or to maintain the buildings and premises in accordance with conditions of approval of the plans, documents and agreements required shall also be deemed to be a violation of this title and a breach of the agreement between the developer, his successors or assignees, and the city. (Ord. 10-11-95A, 10-11-1995; amd. 2004 Code)
10-6-7: QUALIFICATION:
Any person wishing to construct a large scale development in the city shall make application to the planning commission and city council for approval of such development and shall comply with all the requirements set forth herein. (Ord. 10-11-95A, 10-11-1995; amd. 2004 Code)
10-6-8: ALL REGULATIONS ESSENTIAL:
All of the regulations relating to large scale developments are the minimum regulations that are needed to carry out the purpose and intent of this chapter. (Ord. 10-11-95A, 10-11-1995)
10-6-9: REQUIREMENTS CONSIDERED MINIMUM:
The requirements and conditions set forth in this chapter pertaining to each type of large scale development are the minimum requirements that must be imposed in order to achieve the intent and purposes as herein set forth. In the event that a developer does not desire to comply with the requirements and conditions relating to a large scale development, he may develop his land in accordance with the regulations and restrictions that apply to land within the underlying zone, except that all developments within shopping center zones shall be limited to development that has been approved under the provisions of article A of this chapter. (Ord. 10-11-95A, 10-11-1995)
10-6-10: REGULATIONS NOT SEVERABLE:
Should any of the provisions of this chapter relating to large scale developments be declared invalid or unconstitutional by a court of competent jurisdiction, such declaration shall invalidate all provisions relating to large scale developments. (Ord. 10-11-95A, 10-11-1995)
10-6-11: STANDARDS MAY BE INCREASED:
The planning commission may increase standards where it is determined 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 carry out the intent of this title. (Ord. 10-11-95A, 10-11-1995)
10-6-12: SALE OF PROPERTY UNDER CONDOMINIUM OWNERSHIP ACT:
Where all or part of a large scale development is to be sold under the provisions of the condominium ownership act, as set forth in Utah Code Annotated title 57, chapter 8, as amended, said development shall be submitted and approved in accordance with the provisions of this title. This requirement shall be in addition to all other requirements. (Ord. 10-11-95A, 10-11-1995; amd. 2004 Code)
10-6-13: RECORDING UNAPPROVED PLAT, DOCUMENTS, STATEMENTS OR AGREEMENT UNLAWFUL:
It shall be unlawful to record any plan, plat, document, statement or agreement for a large scale development, or any amendment thereto, in the office of the county recorder unless the same shall bear thereon final approval of the planning commission and city council as required by the terms of this title. Any owner, or agent of any owner, of land that is located within a purported large scale development who transfers or sells any land or structure in such purported large scale development before the plan is given final approval by the planning commission and city council and recorded in the office of the county recorder shall be guilty of a class C misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this code, for each lot or parcel of land or structure so transferred or sold. (Ord. 10-11-95A, 10-11-1995; amd. 2004 Code)
10-6-14: STANDARDS AND SPECIFICATIONS TO BE PREPARED:
The planning commission shall have the responsibility for preparing standards and specifications for the design and quality of all required improvements. Said standards and specifications shall be adopted by resolution by the city council. Said requirements shall be considered minimum and shall apply to all large scale developments under all ordinary circumstances; provided, however, that where the developer can show that a provision of these standards and specifications would cause unnecessary hardship if strictly adhered to and where, because of topographical or other conditions peculiar to the site, the city council may after receiving recommendation from the planning commission on the matter, authorize a departure from said standards, provided such departure may be made without destroying the intent of such provisions. Any departure so authorized shall be stated on the final plat and the reasons for such departure shall be entered in writing in the minutes of the city council. (Ord. 3-4-2003C, 3-4-2003)
10-6-15: PLANNING COMMISSION MAY SPECIFY DESIGN:
As a means of harmonizing development within the project with existing and planned development within the surrounding area, the planning commission may, as a condition of its approval, specify or require changes in the minimum and maximum height of buildings and structures, the type and style of architecture, the character and nature of landscaping, the choice of building and plant materials, the pattern of circulation, the location and siting of buildings, fences, walls, utilities, lighting and sprinkling facilities and other structures, as well as the nature and extent of drainage facilities. (Ord. 10-11-95A, 10-11-1995; amd. Ord. 11-17-2020A, 11-17-2020)
10-6-16: WATER RIGHTS TO BE CONVEYED TO CITY; EXCEPTIONS:
A. Requirements:
1. All developers of large scale developments shall, as a condition of approval, convey to the city title to water rights in an amount capable of producing (in a normal water year) one of the following:
a. For single- and two-family residential developments, the following formula shall be used: (2.58 x exact lot size in acres) + (0.5 x number of dwelling units) = water rights in acre-feet to be dedicated.
b. For multiple-family residential developments (2.58 x exact lot size in acres) + (0.3 x number of dwelling units) = water rights in acre-feet to be dedicated.
c. For commercial, industrial and other similar nonresidential developments, sufficient water rights to satisfy the needs of the proposed development as determined by the city; provided, that said requirement shall be not less than three (3) acre-feet per acre of land in the project.
2. Said rights shall be of a type acceptable to the city (i.e., irrigation stock, well rights, stock in culinary water company) and shall be conveyed prior to final approval of said project by the city council. (Ord. 2-19-2008A, 2-19-2008)
B. Previously Conveyed Rights: All water rights previously conveyed or placed in escrow as part of the annexation process shall be considered as a credit toward satisfying the requirements of this section. (Ord. 10-11-95A, 10-11-1995)
C. In-Lieu Purchase Of Available City Water Rights: In the event that the city shall have acquired water rights in an amount greater than needed to meet the current demand, the city may accept a cash payment in-lieu of the actual conveyance of water rights. The amount of the in-lieu payment shall be as established by action of the city council. (Ord. 3-4-2003C, 3-4-2003)
10-6-17: AS CONSTRUCTED PLANS REQUIRED:
As constructed plans, showing the location, size, grade and depth of all water and sewer mains, valves, manholes, and other subsurface utility and service lines and facilities, shall be required prior to the release of performance guarantees. Also, the location of required survey monuments shall be submitted and approved by the city engineer before required performance guarantees are released. (Ord. 10-11-95A, 10-11-1995)
10-6A-1: LEGISLATIVE INTENT:
A. Intent: The intent of these provisions shall be to:
1. Facilitate the development of commercial and related buildings and activities in the SC-1 Zone in a harmonious, integrated, safe and convenient environment and in a manner consistent with the intent of the General Plan and chapter 4, article E of this title; and
2. Establish requirements pertaining to the design, approval, construction and maintenance as are considered essential to the accomplishment of the intent of the SC-1 Zone.
The City of Cedar Hills values the tranquil environment that currently exists within the community and would like to preserve the small town atmosphere that exists. Design and planning of and operation within the commercial district shall be primarily for the benefits of the residents of the City of Cedar Hills and shall be conducive to community gathering. Restrictions may be placed on development within the community to protect the residents from noise, light, air, traffic and other forms of pollution while fostering a viable, walkable commercial zone. Considerations shall include density, diversity and design.
B. Quality Of Life Values: The City of Cedar Hills recognizes the value of having a neighborhood commercial shopping center in close proximity to existing housing to reduce vehicle trips and travel time. Additionally, development within the zone is intended to mix retail, professional office, residential and public facilities and to promote pedestrian access and active transportation. Active transportation refers to any form of human powered transportation - walking, cycling, using a wheelchair, in-line skating or skateboarding. There are many ways to engage in active transportation, whether it is walking to the bus stop, or cycling to school/work.
C. Vision Statement: The SC-1 Zone will develop as an integrated, architecturally harmonious mixed use development. Particular emphasis shall be placed on creating a pedestrian friendly atmosphere where residents will desire to shop and gather. Design elements including architecture, landscaping, signs, and lighting shall create a commercial district that is of higher quality and value than the typical suburban "strip" mall. Land development shall minimize adverse impacts to adjacent single-family housing.
D. Goals: The goals of the SC-1 Zone are:
1. To create a commercial City center,
2. To create a place conducive to community gathering,
3. To provide a place for convenient, community services,
4. To provide for mixed land uses, and
5. To expand the City's Sales Tax base. (Ord. 05-03-2016A, 5-3-2016)
10-6A-2: DISTRICTS:
The SC-1 Zone is divided into districts that are intended to differentiate between three (3) levels of land-use intensity, where intensity is characterized by average daily automobile trips and building size, height, and density. The most intense land uses are planned along the frontage of 4800 West where there exists the greatest separation from residential uses and where there is the most significant commercial potential. The least intense land uses are intended to be located to the east, adjacent to the elementary school and the neighboring residential area.
The districts in the SC-1 Zone are shown on the map below. These consist of Retail (shown in red), Mixed-Use (shown in blue) and Office (shown in yellow). An overlay zone of the Retail and Mixed-Use as shown exists in areas within three hundred feet (300') of certain residential property lines (shown in purple). The green area is not a part of the SC-1 Zone and is zoned public facilities.
A. Retail: The Retail District is intended to be a retail commercial center for the City. The main focus of the Retail District is to provide an area for those Sales Tax generating commercial entities that benefit from the frontage of a major collector (i.e., 4800 West and Cedar Hills Drive). Aside from public facilities, this district shall only include uses that predominantly generate on-site sales. The Retail District is intended to accommodate the most intense land uses of the SC-1 Zone.
B. Mixed-Use: The Mixed Use District is intended to have a mix of retail, office, and residential uses. It shall generally have lower intensity uses than the Retail District. Lower intensity is defined as uses that generate fewer automobile trips and buildings that have smaller size and scale.
The boundary between the Retail District and the Mixed Use District south of Cedar Hills Drive is defined as: Beginning at a point which is N 89°49'37" E 661.38 feet and N 89°53'43" E 143.68 feet from the west 1/4 corner of Section 6, Township 5 South, Range 2 East, Salt Lake Base and Meridian, said point also being the northwest corner of Lot 6, Apple Blossom Park Plat A Subdivision, thence due north approximately 610 feet to the south right-of-way limit of Cedar Hills Drive.
C. Office: The Office District is intended to provide services that require office space. It shall generally have the least intense land uses and provide a buffer to existing or future single-family residential areas through landscaping, setbacks, building size and scale, and land uses. In addition, any retail uses in this area shall help create a transition from the more intense uses in the other areas to the surrounding residential neighborhoods. The general appearance of buildings within this district shall use rooflines and slopes and window coverage and sizes that are more residential in appearance than commercial in appearance.
D. Retail/Mixed-Use Overlay: The Retail/Mixed-Use Overlay Zone is intended to provide a buffer zone between residential properties and commercial development, while at the same time allowing for additional flexibility for development. Uses in either the Retail or Mixed-Use Sub-Districts are allowed per their classification in chapter 3 of this title. Certain uses identified in the table as being designated as conditional uses in the Retail/Mixed-Use Overlay shall only be allowed in the overlay portion of the zone, and not the individual sub-districts. (Ord. 03-06-2018A, 3-6-2018; amd. Ord. 10-06-2020A, 10-6-2020)
10-6A-3: PERMITTED AND CONDITIONAL USES:
All uses shall be consistent with the character and purpose of the district within which they are located. No building, structure or land shall be used and no building or structure shall be hereafter erected, except as allowed in the districts as shown in the SC-1 land use table below. Uses listed in the Cedar Hills Land Use Code Numbers document that are not listed in the SC-1 land use table are prohibited.
The SC-1 land use table lists permitted, conditional, and exceptional uses. The numbers in the use column and the description of the use are listed in the Cedar Hills Land Use Code Numbers document. The most specific match for a given number shall be used. If a use is not specifically designated, or if the cell for a use and district is blank, that use is prohibited in that district. "P" means the use is permitted, "C" means the use is conditional, and "E" means the use is exceptional, meaning not permitted except for existing approved uses or those that have been approved prior to the year 2016.
Regardless of the entries in the SC-1 land use table, all uses for land within one hundred feet (100') of residential uses in adjoining zones shall be conditional.
Conditional uses listed in the Retail District in the SC-1 land use table shall only be permitted if they predominantly generate on-site sales, unless approved by the City Council after a recommendation by the Planning Commission. Public facilities are excepted from this requirement.
For the process and standards used in the granting of conditional uses see section 10-5-37 of this title.
SC-1 LAND USE TABLE
Use | Description | Retail | Mixed-Use | Office |
Use | Description | Retail | Mixed-Use | Office |
1121 | Two family dwelling (duplex) detached | C | ||
1122 | Two family dwelling (duplex), attached to 1 or more duplexes | C | ||
1123 | Two family dwelling (duplex), attached to a commercial use | C | ||
1131 | Multiple family dwelling containing three or four family residences, detached | C | ||
1133 | Multiple family dwelling containing three or four family residences, attached to a commercial use | C | ||
1292 | Disabled assisted living facility | C | C | |
1293 | Senior housing or congregate care | C | C | |
1294 | Senior assisted living | C | E | |
5230 | Paint, glass, and wallpaper | C | C | |
5240 | Electrical supplies and lighting stores | P | P | |
5251 | Hardware stores | P | P | |
5310 - 5312 | Shopping centers, department stores, and discount department stores | P | P | |
5330 | Variety stores (dollar stores) | P | P | |
5391 - 5392 | Dry goods and general stores (yarn shops, linen shops, boutiques, craft stores, fabric stores) | P | P | |
5400 | Food (groceries, meat and fish, fruits and vegetables, candy and confectionery, dairy products, bakeries) | P | P | |
5520 | Tires, batteries and accessories | C | C | |
5530 | Gasoline service stations | C | ||
5600 | Apparel and accessories (clothing, shoes, tailoring, cosmetics, leather goods) | P | P | |
5700 | Furniture, home furnishings, and equipment (furniture, household appliances, musical instruments, office equipment) | P | P | |
5810 | Restaurants (food consumed on premises) | P | P | |
5813 | Drive-through and fast food restaurants | C | C | |
5910 | Drug stores and pharmacies | P | P | |
5930 | Antiques and secondhand merchandise | P | P | |
5940 | Books, stationery, art and hobby stores | P | P | |
5950 | Sporting goods, bicycles and toys | P | P | |
5969 | Farm and garden supplies | C | C | |
5970 | Jewelry | P | P | |
5991 | Florists | P | P | P |
5992 - 5999 | Miscellaneous retail (newspapers, cameras, gifts, optical, paper products, pet supplies) | P | P | |
6111 | Banking services | E | ||
6121 | Savings and loans associations | E | ||
6122 | Credit unions | E | ||
6130 - 6190 | Security brokers, insurance agents, real estate services | P | P | |
6221 | Portrait photography | P | P | |
6230 | Beauty and barber services | P | P | P |
6250 | Apparel repair, alteration and cleaning pickup services, shoe repair services | C | P | |
6297 | Gymnasiums, athletic clubs, body- building studios, spas, health clubs, aerobic centers, etc. | C | ||
6375 | Indoor climate controlled storage (only allowed in the Retail/Mixed-Use Overlay) | C | C | |
6416 - 6417 | Auto washing | C | ||
6511 | Physicians' offices and services | P | P | |
6512 | Dental offices and services | P | P | |
6520 | Legal services | P | P | |
6530 | Engineering, architectural, and planning services | P | P | |
6540 | Research services | P | P | |
6550 | Data processing services | P | P | |
6590 | Professional services | P | P | |
7110 | Cultural activities (libraries, museums, art galleries) | C | P | C |
7212 | Motion picture theaters (indoors) | C | ||
7392 | Miniature golf | C | ||
7413 | Tennis courts | C | ||
7414 | Ice skating | C | C | |
7417 | Bowling alleys | C | C | |
7424 | Recreation and community centers | C | C | |
7430 | Swimming pools | C | C | |
7611 | Developed park land, general recreation | C | C | |
7621 | Developed park land, leisure and ornamental | C | C | |
8110 - 8130, 8180 | Agriculture | E | E | |
8221 | Veterinarian services | C | ||
(Ord. 03-06-2018A, 3-6-2018; amd. Ord. 10-06-2020A, 10-6-2020)
10-6A-4: SITE REQUIREMENTS:
It is intended that these requirements and standards will promote consistent, quality development within the SC-1 Zone.
A. Area:
1. Site Area: Each proposed development shall contain an initial site size of ten (10) contiguous acres, which shall be considered as the minimum amount necessary to constitute a logical design area; provided, however, that in the instance of lots of record containing less than ten (10) acres, the minimum initial site size shall be the entire parcel.
2. Additions: Subsequent additions to the site area containing less than the amount set forth under subsection A1 of this section may be permitted, upon a determination that the area to be added constitutes a logical extension of the initial site plan.
3. Phased Construction: A proposed development may be constructed in phases upon approval by the City Council and upon a finding that the proposed phase is consistent with the overall plan for the project, constitutes a significant portion of the total project, and is consistent with other requirements specified in this Code.
B. Landscaping: The following requirements shall be followed for landscaping within the SC-1 zone:
All planter areas shall be edged with a concrete mow strip and landscaped. All planter shapes and walks shall be curvilinear. Landscape boulders may be used on site, but must be over two feet (2') in size. Each building shall have flowering crab (malus species) trees planted near the building. Trees may be placed on any or all sides of the building. The minimum number of these trees required for each building shall be determined by adding up the length of all building facades (linear feet), dividing by forty (40) and rounding up. All landscape shall be appropriately maintained throughout the year.
Other plants near buildings can be selected by a licensed landscape architect for compatibility to microclimate (north, south, east, west building faces). Shrubs shall be selected for color in all seasons, including winter. Trees near buildings are encouraged to have spring and/or fall color. Evergreen trees are encouraged where practical for positive aesthetic effects in winter.
To ensure consistency throughout the zone, all plants used within the zone shall be found within the following plant list:
Drought Tolerance | ||||
Drought Tolerance | ||||
Evergreen trees: | ||||
Abies concolor | White fir | 8' height minimum | Medium | |
Abies lasiocarpa | Alpine fir | 8' height minimum | Low | |
Picea engelmannii | Engelmann spruce | 8' height minimum | Medium | |
Picea pungens | Colorado green spruce | 8' height minimum | Medium | |
Deciduous trees: | ||||
Acer platanoides | Norway maple | 21/2" caliper minimum | Medium | |
Fraxinus pennsylvanica | Patmore ash | 21/2" caliper minimum | High | |
Zelkova serrata | Japanese zelkova | 21/2" caliper minimum | High | |
Koelreuteria paniculata | Golden rain tree | 2" caliper minimum | High | |
Prunus blireana | Blireana plum | 2" caliper minimum | Medium | |
Acer palmatum bloodgood | Bloodgood Japanese maple | 6 - 8' height minimum | Low | |
Prunus subhirtella | Weeping flowering cherry | 2" caliper minimum | Medium | |
Shrubs: | ||||
Euonymus alatus compacta | Burning bush | 5 gallon minimum | Low | |
Potentilla fruticosa | Shrubby cinquefoil | 5 gallon minimum | Low | |
Prunus glandulosa | Dwarf flowering almond | 5 gallon minimum | Medium | |
Mahonia aquifolium | Compact Oregon grape | 5 gallon minimum | Low- Medium | |
Prunus laurocerasus "Otto Luyken" | English laurel Otto Luyken | 18 - 24" minimum | Medium | |
Cornus sericea "Kelseyi" | Kelsey dwarf dogwood | 5 gallon minimum | Low | |
Buxus koreana wintergreen | Wintergreen boxwood | 5 gallon minimum | Medium | |
Berberis t.a. nana | Crimson pygmy barberry | 5 gallon minimum | Medium | |
The following requirements shall apply:
1. No less than thirty percent (30%) of any individual site shall be landscaped. Individually developed sites must provide the required thirty percent (30%) landscaping within that individual site. Larger planned developments must provide the required thirty percent (30%) landscaping for the entire site but shall not be required to provide thirty percent (30%) landscaping on individual pads or parcels within the planned development. So that all of the building(s) within the proposed development may be seen within a parklike setting by the community, the required thirty percent (30%) landscaping shall be visible and accessible to the public way and shall not be concealed by walls, fences, building layout, etc.
2. Planted areas such as yard space, planter boxes, flowerbeds, shrubbery beds, active recreation areas, retention basins, and other traditional landscaped features shall qualify toward the landscaped requirement. Sidewalks shall not count toward the requirement.
3. Proposed fountains, plazas, water features, or splash pads shall be included in the site design. The city council, with a recommendation from the planning commission, may approve a five percent (5%) reduction in landscaping area requirements for these features when designed as a publicly accessible gathering area. Public art features are encouraged.
4. A contribution towards landscaping in the SC-1 Zone may be provided to the City for a reduced landscaping requirement. In order to calculate this contribution, an approved landscaping plan with a cost estimate per square foot shall be provided to the City. This cost estimate shall be used to calculate a dollar value that the developer may choose to pay to make other landscaping improvements throughout the City. The developer shall determine the square footage difference between the 30% required landscaping and the proposed landscaping plan. This square footage amount shall be multiplied by 1.5 of the estimated cost of landscaping per square foot to determine the contribution to the City. Proposed landscaping plans may be reduced as following:
a. Commercial properties greater than two (2) acres may reduce landscaping to no less than 23% of any individual site in the event that the developer provides a monetary contribution towards landscaping efforts in the SC-1 Commercial Zone in Cedar Hills.
b. Commercial properties between one (1) and two (2) acres may reduce landscaping to no less than 19% of any individual site in the event that the developer provides a monetary contribution towards landscaping efforts in the SC-1 Commercial Zone in Cedar Hills.
c. Commercial properties less than one (1) acres may reduce landscaping to no less than 15% of any individual site in the event that the developer provides a monetary contribution towards landscaping efforts in the SC-1 Commercial Zone in Cedar Hills.
5. Landscaping shall also be used as a screen, where other means are less appropriate, to shield Cedar Hills Drive and 4600 West from large areas of parking.
6. Landscaped areas shall not be residual in nature but shall create a cohesive network from site to site and throughout the project. Specifically, landscaped areas shall help create a parklike atmosphere with linked pedestrian corridors designed to promote pedestrian activity.
7. Landscaping materials and details shall contribute to the perpetuation of the established architectural theme.
8. As part of the site plan approval process, landscape plans shall be required. Such plans shall be prepared by a professional landscape architect licensed in the state of Utah. Landscape plans shall provide for landscape treatments that are consistent with the architectural theme. All landscape plans are subject to the approval of the city council, following a recommendation by the planning commission.
9. Storm drainage shall be retained on site through landscaping or other approved facilities.
10. Xeriscape plans are permitted and shall be prepared by a qualified landscape architect, and shall not constitute more than one-third (1/3) of the total landscaped area.
11. Localscape plans are permitted and shall be prepared by a qualified landscape architect. Plant selection shall be well-suited to the microclimate and soil conditions at the project site. Use of both native and locally adapted plants as acceptable and plants with similar water needs shall be grouped together as much as possible.
C. Streetscapes: Cedar Hills Drive is the main thoroughfare for the community. As such, special attention and consideration shall be given to creating an attractive, distinct entrance to the City of Cedar Hills. To encourage continuity throughout the site and to provide appropriate ties to the surrounding residential areas, 4600 and 4800 West shall receive the same treatments as Cedar Hills Drive. Landscaped areas adjacent to public streets shall conform to the landscaping requirements listed in subsection B of this section.
1. Sidewalks shall be separated from Cedar Hills Drive, 4600 West and 4800 West so as to encourage pedestrian activity and other active transportation. Separations shall include landscaped berms, shrubbery or other elements that convey a sense of protection from the vehicular travel lanes. Streetscapes shall be varied between grass and planter areas and be appropriately maintained year round.
2. Sufficient planter strips shall be provided so as to allow for the planting of trees as outlined in the plant list.
3. The landscaped areas adjacent to Cedar Hills Drive and 4600 West shall serve, in part, to screen adjacent parking areas from the view of passing motorists. Trees, berms and shrubbery shall be incorporated to provide the above described screening.
At street intersections, a clear view of intersecting streets shall be maintained. Clear view of intersecting streets shall be measured as follows: extend lines along each street curb to a point of intersection and measure back sixty feet (60') along each curb. Draw a line between those two (2) points. This triangular area is the area that must have clear view of intersecting streets.
Trees closest to intersections shall be capitol flowering pear with no less than three (3) at each intersection. Trees on east-west streets between walks and curbs or within ten feet (10') of street curbs shall be burr oak (Quercus macrocarpa) with all branches pruned to five feet (5') from ground. Trees on north-south streets shall be London plane trees (Platanus acerifolia) with all branches pruned to five feet (5') from ground.
The number of trees along all streets shall be at least one tree for every thirty feet (30') of street frontage. Trees shall be two and one-half inch (21/2") caliper minimum. Additional trees are encouraged. These additional trees shall be selected from the table below.
Berming shall be required along streets to screen parking areas and travel lanes. Berms shall not exceed three to one (3:1) in steepness. Curvilinear walks are encouraged where practical. Any planter areas shall have a curvilinear concrete curb between plants and lawn. All planters shall be mulched three inches (3") deep and maintained with shredded fir bark. Plants for planters shall be selected from the table below.
Drought Tolerance | ||||
Drought Tolerance | ||||
Evergreen trees: | ||||
Abies concolor | White fir | 8' height minimum | Medium | |
Abies lasiocarpa | Alpine fir | 8' height minimum | Low | |
Picea engelmannii | Engelmann spruce | 8' height minimum | Medium | |
Picea pungens | Colorado green spruce | 8' height minimum | Medium | |
Deciduous trees: | ||||
Acer platanoides | Norway maple | 21/2" caliper minimum | Medium | |
Fraxinus pennsylvanica | Patmore ash | 21/2" caliper minimum | High | |
Zelkova serrata | Japanese zelkova | 21/2" caliper minimum | High | |
Shrubs: | ||||
Euonymus alatus compacta | Burning bush | 5 gallon minimum | Low | |
Juniperus tamariscifolia | Tam juniper | 5 gallon minimum | High | |
Prunus cistena | Cistena plum | 5 gallon minimum | Medium | |
Pinus mugo "mughus" | Dwarf mugo pine | 18 - 24" minimum | High | |
D. Street Lighting: Street lighting should provide efficient and practical lighting for residents and business in Cedar Hills, while maintaining the city's rural character and be designed to create an attractive, crime free environment and to protect surrounding residents from light pollution. Where practical, lighting in new developments shall match lighting used in existing developments.
1. Lighting plans shall be prepared for each individual site. Adequate lighting shall be provided to encourage pedestrian activity and to eliminate shadowed areas that may contribute to poor visibility and the creation of dark areas. Subdivider/Developer shall:
a. Pay for all outdoor street lighting fixtures and be required to install power into the subdivision, then notify the City when power is available.
b. Follow all applicable requirements for the installation of streetlights and all streetlights shall be placed as approved by the Public Works Director.
Such items to be approved include appropriate distance, alternating sides of street, location upon the property, streetlight type, height, and illumination intensity, as determined by the city's specifications.
2. The placement and installation of all street lighting shall be in accordance with adopted City standards.
3. Lighting shall be provided in all parking lots, utilizing attractive poles and fixtures in contrast to nearby streetlights. Fixtures shall be selected that are night sky friendly, having shielding or other features that limit uplighting.
a. Parking Lot Standards. Parking lot lighting poles shall be sized in such a manner that the top of any fixture does not exceed 20 feet above adjacent grade. Parking area lights are encouraged to be greater in number, lower in height and lower in light level, as opposed to fewer in number, higher in height and higher in light level. Light emitting diode (LED) lamps are encouraged.
b. Landscape and Accent Lighting. Subject to the approval of the planning director or designee, ground-mounted lighting may be allowed to accent unique features of a building and/or surrounding landscaping (such as outstanding architectural features, specimen trees with dense year-round foliage or large native shrub masses). Architectural lighting is allowed; provided, that a full cutoff light fixture is used, and the source of illumination is directed downward.
4. Wall mounted lighting shall not be located higher than twenty feet (20') on any structure.
5. Pole mounted lighting along 4800 West and Cedar Hills Drive shall not exceed thirty feet (30') in height.
6. Pole mounted lighting for the interior of the commercial development shall not exceed twenty feet (20') in height. Pole mounted lighting within any residential areas shall not exceed fifteen feet (15') in height.
7. Directional lighting fixtures shall be used in all areas of this development. Shields, covers, or other mechanisms shall be incorporated into fixture design so as to prevent light pollution. Lighting levels shall diminish to zero foot-candles at the development's property lines.
8. Prohibited lighting: Searchlights, laser source lights, strobe or flashing lights, illusion lights or any similar high intensity light shall not be permitted.
9. Exemptions and nonconforming lights.
a. Emergency lighting, used by police, firefighting, or medical personnel, or at their direction, is exempt from all requirements of this code for as long as the emergency exists.
b. Spotlights are permitted for single-family residential, provided they are fully shielded and directed downward.
c. Seasonal Decorations. Seasonal decorations are exempt from this chapter.
d. Approved special events
E. Signs: Sign standards are intended to ensure aesthetic quality and a cohesive architectural theme. The below listed standards shall be followed by all developments. Such incorporation must be consistent and harmonious with the established architectural theme. Signs shall be limited to monument signs and wall mounted signs. The following illustrations demonstrate the intent of this subsection E. Signs shall be consistent with this intent.
1. Wall mounted signs shall consist of blade signs, pendant signs and signs located on awnings.
2. Earth tones shall be the predominate colors used on signs.
3. Monument signs shall not exceed seventy-two (72) square feet and shall be multi-tenant signs. Monument signs on the same side of an uninterrupted street shall not be located closer than two hundred feet (200') to one another.
4. Monument signs shall not exceed nine feet (9') above the top back of curb.
5. Wall mounted signs shall be limited to ten percent (10%) of the wall area on which the sign is mounted or seventy five (75) square feet, whichever is less.
6. Signs on canopies, awnings or similar architectural features may be permitted upon site plan review if it can be shown that it will not detract from the architectural theme.
7. Blade signs shall be consistent with the architectural theme of the overall development.
8. Pendant signs shall be consistent with the architectural theme of the overall development.
9. Signs on awnings shall only be located on the valance of the awning. Awnings must be consistent with the architectural theme of the overall development and shall only be located above doors and windows. Awnings must be kept in good repair at all times.
10. Backlit signs are permitted. Functional awnings shall not be considered backlit signs. Backlit awnings are not permitted.
11. Roof signs shall not be permitted.
12. Statuary signs bearing the likeness of any product or logo shall not be permitted.
13. Wind signs shall not be permitted.
14. Temporary signs shall not be permitted.
15. Placing handbills upon, painting or otherwise marking any trees, sidewalks, walls, poles or other surfaces is prohibited.
16. Spotlights projecting into the sky are not permitted.
17. Vehicles and trailers shall not be used as signs.
18. Flashing, moving or audible signs are not permitted.
19. Neon lights are not permitted.
20. Pole signs are not permitted.
21. Off premises signs are not permitted.
F. Walkability And Active Transportation: The site layout shall foster walkability and active transportation throughout all portions of the site.
1. Commercial space shall immediately front streets and parking areas shall be located on the interior or in the underground of the property, unless a recommendation by the planning commission to deviate from this requirement is approved by the city council.
2. Site layout shall incorporate pedestrian paths throughout the development, enabling safe and convenient access to and between each use.
3. Pedestrian paths shall be provided through parking areas. These paths shall be separated from vehicular traffic by the incorporation of landscaping, other grade separations and through the use of pavers, cobblestone or stamped concrete.
4. Developments shall include bicycle racks located adjacent to buildings.
5. Developments shall provide connectivity to other uses in the same district and adjoining districts by way of a concrete paved trail or path and open space.
G. Parking: The following apply to parking areas within the SC-1 zone:
1. Parking areas shall be situated so as to be screened from Cedar Hills Drive, 4600 West and 4800 West. Appropriate screening would include buildings, landscaped berms, shrubbery and groups of trees. Fencing is not considered an appropriate screen.
2. Landscaping shall be dispersed throughout the parking areas. These landscaped areas will be of sufficient size so as to accommodate landscaped berms, and trees.
3. Parking spaces shall be nine feet (9') wide and eighteen feet (18') deep if they front onto a landscaped area. Parking spaces that do not front onto a landscaped area shall be nine feet (9') wide and twenty feet (20') deep.
4. For retail uses, a minimum of four (4) parking spaces shall be provided for each one thousand (1,000) square feet of gross floor area.
5. For restaurants or other eating establishments, a minimum of one parking space shall be provided for every three (3) seats and a minimum of one additional space shall be provided for each employee at the highest shift.
6. For office uses, a minimum of three (3) parking spaces shall be provided for each one thousand (1,000) square feet of net floor area. The final number of parking spaces shall be rounded up to the nearest whole number when calculating the number of required parking spaces. Net square footage excludes restrooms, janitorial closets, elevator corridors, and common areas used for major pedestrian movement, such as public lobby areas. Net floor area shall be calculated by reducing the gross floor area by twenty percent (20%).
7. For residential units with two (2) bedrooms or fewer, two (2) spaces per unit. For residential units with more than two (2) bedrooms, one stall per bedroom (maximum 4). For senior housing or congregate care housing, two (2) spaces per unit. For assisted living, one stall per two (2) units. In all cases, there shall be additional spaces for visitor parking computed as one per four (4) units. No RV parking is allowed. No overnight customer parking is allowed for commercial uses.
8. Shared parking for commercial uses is encouraged. When it can be found that adjacent uses, or uses in close proximity to one another, have substantially different peak hours of operation, the minimum number of parking spaces required for the said uses may be reduced. It is intended that shared parking will increase the attractiveness of the area by eliminating excess parking without creating a parking deficiency.
9. Drive aisles shall be twenty four feet (24') wide unless they provide only one-way access or access to angular parking. If the drive aisle provides access to angular parking or is restricted to one-way travel, it may be twenty feet (20') wide.
10. A separation shall be provided between parking spaces and occupied structures. This separation must include no less than a four foot (4') sidewalk and in most situations shall include a larger sidewalk and landscaping.
11. All parking islands shall be planted with at least one skyline honey locust tree (Gleditsia triacanthos "skyline") per four hundred (400) square feet of planter, with a minimum of one per planter. A tree ring of fir bark (3 inch depth) shall be formed with at least a two foot (2') radius around the tree. Trees shall be three inch (3") caliper minimum, having all branches pruned within seven feet (7') of the ground. Islands shall be bermed slightly and planted with Kentucky bluegrass (Poa pratensis) sod. Water-wise landscaping such as xeriscaping may be used in place of sod with the following standards:
a. At least fifty percent (50%) of the required landscape area shall be live vegetation.
b. Live vegetation shall be distributed throughout the landscape area, and shall not be segregated.
c. If decorative rock material is used, it shall be a minimum of one-inch (1") aggregate and shall be at least three inches (3") deep and be placed completely on top of a weed fabric barrier that allows the permeation of water. Rock materials shall not exceed the height of the back of curb. White quartz rock, lava rock, and gravel, or any other material that approximates the color of concrete, are not permitted.
d. Any individual, corporation, or other entity that uses water-wise landscaping in a parking island within a parking area shall be responsible for any damage caused by rocks or other materials that migrate into parking area regardless of how such migration occurs.
12. Reciprocal access shall be guaranteed from site to site. Stub locations and cross access easements may be required to ensure the establishment of perpetual reciprocal access.
H. Deliveries: Loading areas, including, but not limited to, loading spaces, loading docks and service or maintenance areas shall be screened from public view. In addition, loading areas that abut a residential zone shall reduce noise associated with such use by providing a sound wall and/or berm with screen plantings around the loading areas or at the property line abutting the residential zone. Loading and delivery times shall be restricted to the hours between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. on weekdays and nine o'clock (9:00) A.M. and seven o'clock (7:00) P.M. on weekends, unless different hours are recommended by the planning commission and approved by the city council.
I. Outside Storage And Sales: Outdoor storage or sales shall only be permitted in enclosed outdoor areas such as a garden center. Exceptions may be made by obtaining a separate conditional use permit. The application for a permit shall be made in the form of a written request that specifies the sales area size, location, type of merchandise, and requested duration for the permit. The City Council shall be the Land Use Authority for this permit. The City Council shall be able to set parameters limiting the size, location, duration and appearance of the outdoor sales area. The conditional use permit shall otherwise be subject to section 10-5-37 of this title.
A business that utilizes grocery carts shall provide permanent cart storage within a building. The business operator shall use customary business practices to collect carts from parking lots, cart corrals, and other outdoor locations periodically. The business operator shall use reasonable efforts to ensure that carts do not leave the property.
J. Maintenance: As part of the site plan review process, applicants shall provide a legal agreement describing how the site shall be maintained and enforced by the City. (Ord. 05-03-2016A, 5-3-2016; amd. Ord. 11-17-2020A, 11-17-2020; Ord. 07-20-2021A, 7-20-2021; Ord. 03-07-2023A, 3-7-2023; Ord. 03-07-2023B, 3-7-2023; Ord. 08-15-2023A, 8-15-2023)
10-6A-5: BUILDING REQUIREMENTS:
The following shall apply to all buildings within the SC-1 Zone:
A. Architecture: Architecture, building materials, color schemes and building location all play critical roles in setting a tone for any development. These same elements are of the utmost importance in creating a sense of place. As a mixed use commercial area, attention to scale is of particular importance and will be considered throughout the design process. The following illustration demonstrates the intent of this section. Buildings shall be consistent with this intent.
Buildings in the SC-1 Zone shall use the American Colonial style. The American Colonial motif is a symmetrical design (AB A, AB CB A, etc.) style. High pitched tile or slate roofs, either side gabled or hipped, overhang the front facade and are often capped with a cupola. A central door, often a French door, is sided by large windows on the sides. Buildings may use the classic temple front, or contain pillars, pilasters and the Palladian window. Exterior construction is normally of brick in traditional colors like red and brown, and makes use of substantial exterior moldings. Wrought iron or copper accents are also used. It is expected that this theme will create intimacy and interest by limiting the use of those architectural elements that only cater to the widespread domination of the automobile. That is to say, architectural designs should be kept in such a scale so as to maintain a human, rather than automobile, orientation. The inclusion of street level windows, wide walks and appropriate signs are a few of the elements that must be considered in maintaining consistency with this theme. The appropriate selection of materials and colors are also essential in maintaining consistency with this theme and in meeting the goals of this requirement.
It is required that the established architectural theme will be used consistently throughout the entire zone. Designers will use this theme when developing plans for all types of structures that may be found within this development.
1. Earth tones shall dominate the color schemes of individual buildings and all color schemes shall be developed so as to conform to the established architectural theme. Additionally, color schemes shall be consistent with those found in the surrounding areas.
2. Structures shall be situated so as to screen parking areas and to aid in the creation of a parklike atmosphere.
3. Entrances to structures shall orient to parks, plazas or pedestrian friendly pathways.
4. Structures shall be situated so as to provide appealing vistas at the terminus of drive aisles, pathways or other open areas.
5. Structures shall be massed so as to conform to the established architectural theme and to maintain a human scale.
6. Building facades shall be varied and shall not consist of vast expanses of blank walls.
7. Building materials shall be limited to those materials traditionally associated with the established architectural theme. Structures constructed largely of glass or other reflective materials are not acceptable for this area.
8. Structures having overhead doors and loading docks; all buildings listed as either a conditional or permitted use within SC-1 Commercial Zone may not incorporate any overhead doors or loading docks of any kind along the front elevation of any building. Overhead doors shall not be visible from North County Boulevard. Overhead doors and loading docks shall be located on side and rear elevations of any structure and are subject to conditional use approval by the City Council after a Planning Commission recommendation. All overhead doors and loading docks on any use listed in section 10-6A-3 of this article shall be screened from view using landscaping, fencing, and other approved methods. Exceptions may be granted for commercial uses with pass through overhead doors for vehicle maintenance and vehicle service. The general appearance of buildings shall maintain an architectural theme consistent throughout the Commercial Zone. For buildings over five thousand (5,000) square feet, the number of exterior overhead doors shall be limited to one per one thousand two hundred (1,200) square feet of building footprint.
B. Building Height And Size: One- or two-story buildings are permitted. Buildings may be erected to a maximum height of thirty five feet (35'). Height is measured from average finished grade to the top of cornice or parapet for flat roofs, and the midpoint of rake for sloped roofs.
The building size shall be reviewed by the Planning Commission and City Council and potentially approved based on such items as building placement, aesthetics, noise control, lighting design, traffic control, etc., to give the feel consistent with the overall commercial development, as well as the community as a whole. Building size shall be limited by the total building area, meaning the square footage of the building footprint. In the Mixed Use and Office Districts building size shall be limited to no more than twenty five thousand (25,000) total square feet. In the Retail District building size shall be limited to no more than fifty thousand (50,000) square feet. (Ord. 03-05-2019A, 3-5-2019)
Developments composed of strip malls are prohibited. Smaller, individual buildings that tend to break up parking areas and create visual interest are required. Long and monotonous walls and roof planes are prohibited. Building mass and scale shall be minimized by manipulating the building form using offsets and recesses and variations in height.
C. Building Setbacks: All buildings shall be set back a minimum of thirty feet (30') from any residential uses. The following standards shall apply:
1. There shall be provided a landscaped side yard of at least fifteen feet (15') in width along such property line, containing trees or groupings of trees spaced no more than twenty five feet (25') apart.
2. A precast concrete or decorative masonry wall, at least six feet (6') in height, shall be erected along all property lines which lie adjacent to a Residential Zone.
3. All lighting is to be arranged so that there will be no glare visible to the occupants of residential uses.
4. Uses will be strictly prohibited next to adjoining Residential Zones that involve open storage of merchandise or equipment, trade or industry that is noxious or offensive by reason of the emission of odor, smoke, gas, vibration or noise.
5. No loading docks, delivery pick up areas, etc., may be located within fifty feet (50') of residential uses. These areas must be screened from the public's view with an eight foot (8') masonry wall.
6. No trash container shall be located closer than twenty five feet (25') to a Residential Zone, and must be located to the rear of the main building. (Ord. 05-03-2016A, 5-3-2016)
10-6A-6: RESIDENTIAL USE REQUIREMENTS:
A. All Residential Uses: Residential use is permitted in the SC-1 Zone only as set forth herein. These requirements pertain to uses 1121 - 1123 (two-family dwellings), 1131 and 1133 (multiple- family dwellings), 1292 (disabled assisted living), 1293 (senior housing or congregate care), and 1294 (senior assisted living) listed in the SC-1 land use table in section 10-6A-3 of this article.
The purpose of residential development in the SC-1 Zone is to provide for mixed use, which combines residential and commercial uses in order to provide housing opportunities in close proximity to retail, office, civic and related uses. Mixed use development promotes a pedestrian friendly environment, and more compact development. Mixed use development projects shall follow the following process, and meet the following requirements:
1. Submission Of Site Plan: All development projects seeking approval for residential use must be new construction, and must submit a detailed site plan pursuant to section 10-6-3 of this chapter showing the entire development project, and showing the added requirements of this section.
2. Commercial Uses: The entire ground floor of any building in the project shall only have commercial uses (land use codes 5000 through 6999 listed in the SC-1 land use table, section 10-6A-3 of this article), except as provided within this section.
3. Residential Use: Residential use shall be located above the ground floor commercial use, except as provided within this section. Allowed residential density shall be eight (8) units per acre, with no more than four (4) units per building. For this requirement, attached structures are considered part of the same building. No more than fifty (50) total units may be built within the mixed use district.
4. Residential Use Conditions: The requirement that all residential use be situated above a commercial ground floor may be altered to allow residential use on the ground floor only if all of the following conditions are met:
a. A minimum of fifty percent (50%) of the ground floor area within the project shall be for commercial uses (land use codes 5000 through 6999 listed in the SC-1 land use table, section 10-6A-3 of this article);
b. If the project is completed in multiple phases, each phase shall independently meet the fifty percent (50%) requirement, provided, however, that residential use may exceed fifty percent (50%) of any phase if, taken as a whole and including the proposed phase, the project meets the fifty percent (50%) requirement; and
c. This alteration is approved by the city council following a recommendation from the planning commission.
5. Commercial Use Minimum Height: The minimum height of ground level commercial use shall be twelve feet (12') floor to ceiling.
6. Parking: Parking lots, garages, and carports shall be located in the interior of a project and not adjacent to a public street, except that access driveways with parking spaces on one or both sides, with a maximum width of seventy feet (70'), are permitted. For buildings fronting a public street, all parking shall be located to the rear or side of buildings, or may be located below grade (underneath building). Buildings located in the interior of the project may have the parking area on any side of the building, as per the approved site plan. Underground parking will be permitted provided that such parking is accessible from the side or rear of the development and not from the primary street. All projects must comply with the parking requirements for commercial and residential uses specified in subsection 10-6A-4G of this article.
7. Open Space: Residential developments shall provide a minimum of thirty percent (30%) of the net developable site area for open space. At least seventy five percent (75%) of that open space must be usable, contiguous open space, available for recreational uses not located within required buffer areas. Open space may include parks, walkways, natural areas, and landscaped areas. Open space may not include leftover space between buildings, or narrow space under ten feet (10') in width that is immediately adjacent to buildings, where the space is between the building and parking areas, drive aisles or inner development roads. Open space shall be visible from streets and sidewalks.
8. CC&Rs: The applicant (developer) of any residential development in the SC-1 zone shall, prior to the recording of the plat, submit to city staff a declaration of covenants, conditions, and restrictions (CC&Rs) relating to the project, which are to be reviewed by the planning commission and given final approval by the city council, and shall be recorded to run with the land. Said CC&Rs shall include management policies, which shall set forth the quality of maintenance that will be performed, and who is responsible for said maintenance within the development. As a minimum, the said document shall include the following:
a. The care and maintenance of all common or limited common areas, facilities, and private streets shall be ensured by the developer by establishing a private homeowners' association.
b. A professional property management company is to be hired by the HOA to govern the responsibility for all maintenance. Maintenance of the common/limited common areas, facilities, and private streets shall be managed by an established property management company where there is adequate expertise and experience in property management, to assure that said maintenance is sustained and accomplished efficiently, and at a high standard of quality. Contact information and a copy of the governing contract for the current property management company shall be submitted to be on file with the office of the city clerk.
9. HOA Failure: In case of failure or neglect to comply with any and all of the conditions and regulations established herein, and as specifically made applicable to a development, such failure or neglect to comply with the requirements and to maintain the buildings, amenities and premises in accordance with the conditions or approval thereafter, shall also be deemed to be a violation of this article. In the event the common areas and amenities are not properly maintained, or the HOA is dissolved, the property management company is to remain in place to govern the development, and enforce the CC&Rs. The property management company is also to continue to follow all city ordinances, in addition to those regulations specifically assigned to the development in question. Responsibility for payment to the property management company shall lie jointly and severally with the property owners.
10. Provisions Not Listed: For those provisions and regulations not listed, specified or otherwise covered here, refer to provisions applying to the underlying district.
B. Senior Housing Or Congregate Care: The following requirements, in addition to those listed in subsection A of this section, apply to use 1293, senior housing or congregate care facilities:
1. On site services shall be provided directly by the management of the senior housing or congregate care facilities or under contract with qualified third party vendors. These services shall include an on site restaurant/cafeteria that provides three (3) meals per day, seven (7) days a week; home healthcare services from qualified professionals, including help with medications, bathing, dressing, and other resident needs; physical therapy; other routine healthcare services; fitness classes; regular social activities; and a shuttle to nearby destinations.
2. Each residential unit shall be occupied by at least one resident that is fifty five (55) years of age or older, and there shall be no residents younger than twenty five (25).
C. Assisted Living: The following requirements, in addition to those listed in subsection A of this section, apply to uses 1292 and 1294, disabled assisted living and senior assisted living facilities:
1. The facility shall conform to all applicable standards and requirements of the Utah state department of human services and the owner/operator has obtained all licenses required by the state to operate such a facility.
2. The facility shall conform to all state and local building, safety, health, and zoning requirements applicable to similar structures.
3. The facility shall be occupied only by individuals qualified by age or disability to live in the facility and paid, professional staff members. Occupancy by any staff member shall only be allowed if such occupancy is primarily for the purpose of serving the elderly persons and not primarily a benefit of employment to the staff member.
4. The facility is operated for the primary purpose of providing a living arrangement for senior or disabled persons in a group home setting.
5. Residency in the facility shall be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility. An assisted living facility shall not include any persons referred by the Utah state department of corrections or any court. (Ord. 05-03-2016A, 5-3-2016; amd. Ord. 10-06-2020A, 10-6-2020)
10-6A-7: IMPACTS:
A. Developments shall blend harmoniously with the surrounding neighborhoods so that the use does not change the intent and characteristics of the adjacent zones and districts. The following standards must be met to mitigate impacts on surrounding neighborhoods:
1. Noise: Developments in the SC-1 zone shall not impose excessive noise on surrounding uses. "Excessive noise" generally means noise that is prolonged, unusual, or a level of noise that in its time, place and use annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. Any mechanical apparatus (i.e., air conditioner, fans, pumps, etc.) capable of producing noise that is located on the outside of the building must have sound barrier mitigation. Commercial sound levels at the property line during daytime hours shall meet levels L1, L10, and L90 of sixty eight (68) dBA, sixty (60) dBA, and fifty two (52) dBA respectively. Commercial sound levels at the property line during nighttime hours shall meet levels L1, L10, and L90 of fifty five (55) dBA, fifty five (55) dBA, and fifty (50) dBA respectively.
2. Dust And Odors: Developments shall comply with all air quality standards, state, federal and local, and use shall not create unusual or obnoxious dust or odors beyond the property line.
3. Trash: No trash, used materials or wrecked or abandoned vehicles or equipment shall be stored in an open area. All trash is to be stored within a dumpster and the dumpster is to be enclosed within a solid metal gate, and walls matching the masonry used for the buildings, or must be stored in a fully enclosed building. The dumpster enclosure shall not have frontage on a public street, and is to be located toward the rear of a development. Outside storage of commercial goods or materials is expressly prohibited. Containers for trash storage of a size, type and quantity approved by the city shall be screened by a sight obscuring fence at least one foot (1') higher than the dumpster and maintained in a location approved by the planning commission in conjunction with approval of a site plan.
4. Safety: The developer shall take the necessary measures to avoid or mitigate any safety problems created by the use, including problems due to traffic, rockfall, erosion, flooding, fire, hazardous materials, or related problems.
5. Traffic:
a. Traffic increases due to development shall not cause streets or nearby intersections to fall more than one grade from the existing level of service grade or fall below a level of service "D".
b. Uses shall follow city access management standards and not create hazards to other drivers or pedestrians.
c. The developer may be required to submit a comprehensive traffic impact study (CTIS) prepared by a professional transportation engineer licensed to practice in the state of Utah that analyzes the impact of development of the entire property zoned in any particular district at the time of the first site plan application. The CTIS shall evaluate the vehicle, bicycle, and pedestrian traffic both on site and in the general vicinity of the project. The CTIS shall evaluate trip generations, turning movements to and from the property, street geometrics, and traffic safety on and off the site. The CTIS shall also address relevant items including, but not limited to, the following: surrounding street and intersection levels of service (LOS) before and after the project is completed, any mitigation efforts recommended to minimize project traffic impacts, proposed public and private street widths and alignments, site mobility, access management, potential traffic signal locations, street striping, signs, etc. Each site plan shall reflect and incorporate the recommendations of the CTIS and the individual traffic study and any other requirements that the city may deem necessary based upon the CTIS and/or the individual traffic study.
6. Public Health: Use shall comply with all sanitation and solid waste disposal codes and use shall not create public health concerns. (Ord. 05-03-2016A, 5-3-2016)
10-6A-8: IMPROVEMENTS, DOCUMENTS AND OTHER REQUIREMENTS:
A. Single Ownership Or Control Required: All portions of a commercial development project shall be in single ownership or in single control in order to provide for effective integrated development. Following final approval of the project plan, the city may approve plans for the subdivision of a portion of the plan, provided that there is adequate assurance of the development of the entire project and provision for the development and maintenance of common elements (i.e., parking and landscaping) through the establishment of cross easements, guarantees and covenants as provided for under subsection C, "Required Documents", of this section.
B. Improvements: The following improvements shall be constructed by the developer in each development in accordance with city standards, as directed by the city engineer:
1. Streets, driveways and parking areas shall be graveled and hard surfaced.
2. Curbs, gutters and walkways.
3. Drainage and flood control structures and facilities.
4. On site water and sewer mains.
5. Off site water and sewer mains.
6. Fire hydrants.
7. Permanent survey monuments.
8. Gas, electric, telephone and cable TV (which shall be placed underground).
9. Landscaping in the common area and walkways.
10. Fences, walls and all other common areas, facilities, systems and structures proposed for the development as shown on the final plans.
11. Project lighting and signs.
C. Required Documents: Where the development is to be retained by one owner, required documents shall include:
1. Covenants, conditions, restrictions and management policies.
2. Management agreement.
Where the development has two (2) or more owners or where an existing development is being divided among two (2) or more owners, required documents shall include:
1. Articles of incorporation for property owners' association.
2. Corporation bylaws.
3. Covenants, conditions, restrictions and management policies.
4. Management agreement.
D. Additional Requirements: Additional requirements are set forth in this chapter. (Ord. 05-03-2016A, 5-3-2016)
10-6B-1: INTENT:
It is hereby declared to be the intent and purpose of the city council in authorizing and establishing provisions relating to planned residential developments (PRD) to:
A. Provide an alternative form of development for residential housing projects within the city that permits increased flexibility and encourages the preservation of open space and ingenuity in design, while preserving a quality of residential amenities equal or superior to that possible under conventional subdivision requirements. In order to qualify for approval as a planned residential development, it must be demonstrated that the proposed project will:
1. Adequately recognize and incorporate natural conditions present on the site;
2. Efficiently utilize the land resources and provide increased economy to the public in the delivery of municipal services and utilities;
3. Provide increased variety in the style and quality of residential dwellings available within the city;
4. Preserve open space to meet the recreational, scenic and public service needs; and
5. Do all the above in a manner that is consistent with the objectives of the underlying zone and under conditions that will result in the creation of residential environments of sustained desirability.
B. Establish criteria and standards for the design of PRD projects by developers and also guidelines for evaluation by the city.
C. Set forth the duties and responsibilities of developers and residents with respect to the approval, construction and maintenance of such projects.
D. Clearly establish the relationship of the city and the developer with respect to the review and approval of such projects. (Ord. 10-11-95A, 10-11-1995)
10-6B-2: PERMITTED USES:
The following buildings, structures and uses of land may be permitted within a PRD:
Any use permitted within the underlying zone and those authorized under this section.
Common areas and recreational facilities (public and private), including, but not limited to, golf courses, swimming pools, tennis courts, club houses, recreational buildings, landscape parks and similar recreational facilities for the use and enjoyment of the residents.
Private driveways, streets, fences, walls, utility systems and facilities, common storage areas, ponds, landscape features and similar uses and structures incidental to the main use. (Ord. 10-11-95A, 10-11-1995)
10-6B-3: APPROVAL PROCEDURE; PROJECT EVALUATION GUIDELINES; COMPLIANCE WITH RELATED REQUIREMENTS:
A. The procedure to be followed in securing approval of a planned residential development shall be as set forth under section 10-6-3 of this chapter.
B. In addition to the requirements of this section, a PRD project that includes the division of land into separate ownership shall also constitute a subdivision and shall conform to all applicable requirements for subdivisions. PRD projects that do not include the division of property shall be considered as a condominium development and shall conform to all applicable requirements for such projects. (Ord. 10-11-95A, 10-11-1995)
10-6B-4: DENSITY OF DEVELOPMENT:
A. H-1 Hillside Zone: The maximum density for a project within the H-1 hillside zone area shall be determined by the city upon a detailed slope analysis of the proposed project area, in accordance with the following schedule:
Slope Category | Density (DU/Net Acre) |
0 - 13% | 2.5 |
13 - 21% | 2.0 |
21 - 30% | 1.5 |
30%+ | 0.2 |
B. Other Zones: The maximum density for a project in other zone districts shall be as set forth on the following schedule:
Zone District
| DU/Net Acre
|
R-1-15,000 | 2.9 |
PR 2.2 | 2.5 |
PR 3.4 | 4.0 |
For purposes of determining project density, the term "net area" shall be construed to mean the total project area less the portion devoted to public streets. (Ord. 3-2-99D, 3-2-1999)
10-6B-5: DWELLING UNITS PER STRUCTURE:
A. The maximum number of dwelling units per structure permitted within a planned residential development and the maximum density of development within any development cluster shall be as follows:
Zone District
| Maximum DU/Structure | Maximum Number Of DU/Acre In Development Cluster |
H-1 | 2 | 6 |
R-1-15,000 | 1 | n/a |
PR 2.2 | 4 | n/a |
PR 3.4 | 6 | n/a |
(Ord. 3-2-99D, 3-2-1999; amd. Ord. 4-3-2012A, 4-3-2012)
B. The city council, subject to the prior recommendation of the planning commission, may approve an increase in the maximum dwelling units per structure for one or more structures within a PRD project at variance with the above standard, upon a finding that such variance is appropriate for the proper development of the lot and that such increase will not result in the establishment of a hazardous condition. (Ord. 4-3-2012A, 4-3-2012)
10-6B-6: MINIMUM PROJECT AREA:
The minimum base area required to qualify for a planned residential development project shall be as follows:
Zone District
| Minimum Project Area (Acres) |
H-1 | 20 |
R-1-15,000 | 8 |
PR 2.2 | 10 |
PR 3.4 | 10 |
(Ord. 3-2-99D, 3-2-1999)
10-6B-7: DESIGN CRITERIA:
A. Dwellings To Be Clustered: All lots and buildings shall be located within a designated development cluster. A project may contain more than one development cluster. Each cluster shall contain not less than five (5) separate lots or building sites.
B. Dwellings On Required Open Space Prohibited: No lot or portion of a project containing dwellings within a PRD shall be located on lands that are required to be designated as open space in accordance with the provisions of section 10-6B-8 of this article. (Ord. 4-21-98B, 4-21-1998)
C. Building Sites: Dwellings within the project may be placed on individual lots (subdivision option), on land to be held in common with other project owners (condominium option), or on parcels that correspond to the building footprint only (footprint option), or a combination of the above as required by the city.
1. Subdivision Option: Where the proposed plan provides for placement of dwellings on individual lots, said lots shall conform to the following:
H-1 zone: |
H-1 zone: | |
1 family dwellings | 10,000 sq. ft. |
2 family dwellings | 12,000 sq. ft. |
R-1-15,000 zone: | |
1 family dwellings | 10,000 sq. ft. |
PR 2.2 | |
1 family dwellings | 10,000 sq. ft. |
2 family dwellings | 12,000 sq. ft. |
3 family dwellings | 16,500 sq. ft. |
4 family dwellings | 20,000 sq. ft. |
PR 3.4 | |
1 family dwellings | 10,000 sq. ft. |
2 family dwellings | 12,000 sq. ft. |
3 family dwellings | 16,500 sq. ft. |
4 family dwellings | 20,000 sq. ft. |
5 family dwellings | 23,000 sq. ft. |
6 family dwellings | 26,000 sq. ft. |
2. Condominium Or Footprint Option: Where the proposed plan provides for the placement of homes on common properties or parcels that correspond to the dwelling footprint, the design shall provide for separation of structures in accordance with the setback guidelines under subsection E of this section, except that no occupied structure shall be located closer than fifteen feet (15') to an adjacent structure. (Ord. 3-2-99D, 3-2-1999)
D. Buildable Area: Each individual lot or designated building site shall contain a buildable area of not less than four thousand (4,000) square feet. The location of each buildable area shall be designated on the preliminary and final plans for the project and a notation placed on the recorded plat that all main and accessory buildings shall be located within the designated buildable area.
E. Setback; Building Separation:
1. Each dwelling in the project shall be set back from the lot boundary line in accordance with the setback lines as shown on the approved plat (designated setback envelope). The designated setback envelope shall be established in accordance with the following:
a. Front and side setback adjacent to street, thirty feet (30').
b. Rear setback, thirty feet (30').
c. Interior side setback, twelve feet (12').
2. The city council, subject to the prior recommendation of the planning commission, may approve a designated setback envelope for one or more lots within a PRD project at variance with the above standard, upon a finding that such variance is appropriate for the proper development of the lot and that such reduction will not result in the establishment of a hazardous condition.
3. Where no designated building envelope is provided, the setbacks shall be the same as the minimum requirements within the underlying zone.
F. Accommodation Of Open Space: The design of the project shall incorporate the open space and all other criteria applicable to PRD projects.
G. Streets To Conform To City Standards: All existing public streets and all streets proposed to be dedicated to the public shall be improved in accordance with city standards for public streets. All streets intended to be developed and maintained as private streets shall conform to the city standards for private streets.
H. Cul-De-Sacs; Dead End Streets: To the maximum extent possible, the design of the road system shall provide for continuous circulation throughout the project. Cul-de-sacs (dead end streets) shall be allowed only where unusual conditions exist that make other designs undesirable. Cul-de-sac streets shall be not longer than four hundred fifty feet (450') and shall be terminated by a turnaround or loop road of not less than one hundred feet (100') in diameter; except that longer cul-de-sac lengths and alternative turnaround facilities may be approved by the city council where topographic conditions justify, subject to the prior recommendation of the planning commission. (Ord. 4-21-98B, 4-21-1998)
I. Cut And Fill Slopes; Street And Drive Grades: The grade of all public or private streets, or common drives or private driveways within a PRD, shall conform to the requirements for subdivisions. No public or private street providing access to a development cluster or any common drive or private driveway within the PRD shall be constructed in a location or in such a manner that results in the creation of a slope face that exceeds the critical angle of repose or is greater than five feet (5'). (Ord. 3-4-2003C, 3-4-2003)
J. Vehicular Access To Lots Required: Each lot or building site shall abut upon and have direct access to a city street or approved private street. The distance of the abutting side shall be not less than sixty feet (60'), except that the length of the abutting side may be reduced to not less than thirty feet (30') in instances where the lot fronts upon a cul-de-sac or curve and the side lot lines radiate in such a manner that the width of the lot measured at a point not less than thirty feet (30') from the front lot line will meet the minimum width requirements of this section. (Ord. 4-21-98B, 4-21-1998; amd. 2004 Code)
K. Common Drives:
1. Where the project contains dwellings on common property or footprint lots, the city may permit access to a portion of the dwellings over common drives. Where access over a common drive is approved, said drive shall have a paved surface not less than twenty four feet (24') in width and serve as the primary access route to not more than four (4) dwelling units. Dead end common drives shall not exceed three hundred feet (300'). All common drives shall conform to minimum city standards for private common drives and shall be approved in accordance with the applicable provisions of the adopted fire code. (Ord. 4-21-98B, 4-21-1998; amd. 2004 Code)
2. On street parking on common drives shall be prohibited. The city may require a design to include the construction of designated parking areas at periodic locations along a common drive for the purpose of accommodating visitors and extra parking.
L. Flag Lots Permitted: A PRD project design may contain one or more "flag lots", subject to the following:
1. In the opinion of the city, the use of the flag lot option is necessary in order to provide access to an area that is eligible for development but not practically accessible by modification of the road system.
2. The building lot portion of the flag lot (flag portion) shall conform to all applicable lot regulations, including, but not limited to, area, width, setback, building separation and buildable area. For purposes of determining setbacks, the lot line of the flag portion located closest to the abutting public street shall be considered the front lot line and shall be so designated on the final plat.
3. The access portion of the flag lot (flagpole portion) shall abut directly upon and have direct access to a city street or approved private street for a distance of not less than thirty feet (30'), shall have a minimum width not less than thirty feet (30'), and be readily capable of meeting the driveway slope requirements for a buildable area as set forth under subsection I of this section.
4. The access portion of the flag lot (flagpole portion) shall be not longer than two hundred feet (200') from the abutting street and the designated building site shall be not less than two hundred fifty feet (250') from the closest adequate fire hydrant. (Ord. 4-21-98B, 4-21-1998)
M. Design Guidelines: The applicant, in preparing the design for a planned residential development project, and the planning commission and city council, in conducting the reviews and approvals required by this title, shall be guided by the terms of this title and that certain document entitled guidelines for the design and review of planned residential development projects, when adopted, which shall be adopted by resolution of the city council. (Ord. 4-21-98B, 4-21-1998; amd. 2004 Code)
N. Easements: The plat shall provide adequate easements for the placement of utility systems and facilities in locations approved by the city. In the instance where the project plan proposes the placement of dwellings on individual lots, the plan shall provide front, rear and side yard utility easements of not less than ten feet (10'). (Ord. 4-21-98B, 4-21-1998)
10-6B-8: OPEN SPACE:
A. Common Open Space Requirement:
1. Each project shall provide for the designation of common open space. The portion of a project to be designated and maintained as common open space area shall be as follows:
Zone District | Common Open Space (% Of Net Area) |
H-1 | 30 |
R-1-15,000 | 25 |
PR 2.2 | 25 |
PR 3.4 | 25 |
2. For purposes of determining compliance with the common open space requirement, the term "net area" shall be construed to mean the total project area less the portion devoted to public streets.
3. Open space area designated as limited common area or required to meet the building separation requirements and setback requirements shall not be included in meeting the common open space requirements of this subsection. (Ord. 3-2-99D, 3-2-1999)
B. Limited Common Open Space: Where the project contains dwelling units to be developed under the common area or footprint option, the city may require the designation of limited common area appurtenant to each dwelling. (Ord. 4-21-98B, 4-21-1998)
C. Type Of Area Permitted Or Required As Open Space:
1. The designated common open space areas may include natural open space (applicable to steep hillside, wetland, floodplain area, etc.), and developed useable open space areas, or a combination thereof. Regardless of the minimum percent set forth under subsection A of this section, the designated open space area shall include and contain all 100-year floodplain areas, defined floodways, all avalanche and rockfall hazard areas, all areas having a slope of thirty percent (30%) or greater, or any other area of known significant physical hazard for development. (Ord. 4-21-98B, 4-21-1998; amd. Ord. 8-3-2010A, 8-3-2010)
2. When the project area is adjacent to an existing or planned park or trail, the common open space shall include connections to those existing and future parks or trails. (Ord. 8-3-2010A, 8-3-2010)
D. Common Open Space Area To Be Preserved: The designated common open space area shall be maintained so that its use and enjoyment as open space is not diminished or destroyed. To assure that all designated common open space area will remain as open space, the applicants/owners shall either:
1. Dedicate or otherwise convey title to the open space area to the city for open space purposes; or
2. Convey ownership of the open space area to the homeowners' association established as part of the approval of the PRD or to an independent open space preservation trust organization approved by the city.
In the event the alternative in this subsection D2 is used, the developer shall also execute an open space preservation easement or agreement with the city, the effect of which shall be to prohibit any excavating, making additional roadways, installing additional utilities, constructing any dwellings or other structures, or conducting or allowing the conduct of any activity that would alter the character of the open space area from that initially approved, without the prior approval of the city.
The appropriate method for ensuring preservation shall be as determined by the city at the time of development approval; or
3. A combination of subsections D1 and D2 of this section.
E. Assessments For Maintenance Of Useable Common Open Space: Where the proposed common open space includes developed or useable space or facilities (tennis courts, pavilions, swimming pools) intended for the use by project residents, the organizational documents shall include provisions for the assessment of adequate fees and performance guarantees required to secure the construction of required improvements, including the costs of installation of all landscaping and common amenities.
F. Landscape Plan For Common Open Space Required: A detailed landscaping plan showing the proposed landscape treatment of all portions of the project proposed to be developed as useable, common open space shall be submitted as part of the submittal documents. (Ord. 4-21-98B, 4-21-1998)
10-6B-9: IMPROVEMENT REQUIREMENTS:
The following improvements shall be constructed in all developments. All such improvements shall meet minimum city standards and shall be completed within one year from the date of approval of the final plat by the city council. Financial assurances (bonds) guaranteeing the construction of all required improvements shall be submitted and approved as a condition of final approval and shall be administered in the same manner as for subdivisions.
A. Streets and travelways.
B. Water and sewerage mains and facilities.
C. Fire hydrants.
D. Any required drainage or flood control structures.
E. Any required restoration of cut and fill slopes.
F. The costs of installing landscaping and common facilities within any common open space area. (Ord. 10-11-95A, 10-11-1995)
10-6B-10: WATER RIGHTS CONVEYANCE REQUIREMENTS:
A. Water rights shall be conveyed to the city in accordance with the provisions of section 10-6-16 of this chapter.
B. Where the proposed development anticipates the buildings to be located on common property (i.e., condominium ownership) the lot area used to determine the amount of water right required to be conveyed pursuant shall include the territory occupied by the dwelling and the area proposed to be occupied as developed open space. (Ord. 10-11-95A, 10-11-1995)
10-6B-11: DOCUMENTATION REQUIREMENTS:
The following documents and statements shall be submitted as part of the application for approval, as applicable:
A. Organizational documents (articles of incorporation, bylaws, etc.).
B. Open space preservation documents.
C. Water rights conveyance documents.
D. A pro forma statement identifying the tasks to be performed by the association and establishing the initial cost for providing the proposed services, maintenance of common improvements and association dues, and including adjustments for cost of living increases. (Ord. 10-11-95A, 10-11-1995)
10-6B-12: PROJECT EVALUATION GUIDELINES:
A. Review; Findings: The planning commission shall review the proposal and may recommend approval upon finding that:
1. All plans, documents and other materials required for consideration have been submitted in a form suitable for evaluation.
2. The plan conforms in all respects to the design standards and criteria applicable to the PRD.
3. The site is suitable for development of the PRD and that such a project will be consistent with existing development in the vicinity and compatible with the master plan for the area.
4. The arrangement of the buildings, roadways, open space and other project elements will result in a safe and attractive living environment equal or superior to that which would be provided under lot by lot development.
5. The project, if developed, will accomplish the objectives for PRDs as stated under section 10-6B-1 of this article.
B. Changes: The planning commission may require changes in the plan in order to more fully accomplish the intent of the PRD provisions. Such changes may include, but are not limited to, adjustments in the density or the number of structures, relocation of project elements, redesign of the road system, increase in the amount of open space and provisions for the disposal of surface water drainage. (Ord. 10-11-95A, 10-11-1995)
10-6B-13: WATER AND SEWER REQUIREMENTS:
All structures used for human occupancy shall be served by the city culinary water system at a rate of flow and pressure sufficient for both culinary and firefighting purposes. All structures used for human occupancy shall be served by the city domestic sewage collection system. (Ord. 7-7-98A, 7-7-1998)
10-6C-1: INTENT:
It is the intent of this article to establish an alternate form of development of subdivision projects that permit increased flexibility in the layout of such projects in order to better accommodate the varying needs and desires of lot purchasers while preserving a quality of residential amenities equal or superior to that within traditional lot subdivisions. (Ord. 2-17-98A, 2-17-1998)
10-6C-2: PERMITTED USES:
The specific uses permitted within a flexible design subdivision project shall be limited to those authorized within the zone district in which the project is located. (Ord. 2-17-98A, 2-17-1998)
10-6C-3: APPROVAL PROCEDURE:
The approval procedure shall be the same as set forth under section 10-6-3 of this chapter. In addition to the requirements of said section, the project shall conform to the applicable requirements for subdivisions as set forth under the city subdivision ordinance. (Ord. 2-17-98A, 2-17-1998)
10-6C-4: DENSITY AND LOT SIZE:
A. Without Common Open Space: The density and lot size requirements within a flexible design subdivision that meets the open space by the payment of impact fees shall be as follows:
Zone District | Max Density (DU/Net Acre) | Min Lot Area (Sq. Ft.) | Max Lot Area (Sq. Ft.) |
R-1-11,000 | 4 | 9,000 | 0.5 acres |
R-1-15,000 | 2.9 | 10,000 | 1 acre |
PR 2.2 | 2.5 | 12,000 | 2 acres |
B. With Common Open Space: The density and lot size requirements within a flexible design subdivision that meets the open space requirements by providing common open space shall be as follows:
Zone District | Max Density (DU/Net Acre) | Min Lot Area (Sq. Ft.) | Max Lot Area (Sq. Ft.) |
R-1-11,000 | 4 | 8,000 | 0.5 acres |
R-1-15,000 | 2.9 | 9,000 | 1 acre |
PR 2.2 | 2.5 | 11,000 | 2 acres |
C. Net Area: For purposes of determining project density, the term "net area" shall be construed to mean the total project area less the portion devoted to public streets. (Ord. 3-2-99D, 3-2-1999)
10-6C-5: BUILDING SETBACKS:
A. The setback for dwellings upon lots within a flexible design subdivision project shall conform with the minimum setback requirements within the zone in which the project is located; Except that the city may approve setback distances on one or more lots within the project which do not conform with the minimum requirements of the zone, upon a showing that such adjustment is reasonably necessary to the proper development of the lots and will not significantly alter the character of the subdivision or result in a hazardous condition.
B. Each lot for which an adjustment is granted shall show the location of the approved setback lines on the final plat (designated setback envelope) with a note to the effect that all portions of the dwelling will be situated within the boundaries of the designated setback envelope. (Ord. 2-17-98A, 2-17-1998)
10-6D-1: INTENT:
It is hereby declared to be the intent and purpose of the city council in authorizing and establishing provisions relating to planned townsite projects to:
A. Provide an alternative form of development of residential housing and related uses within the city that provides a mixture of housing types in a setting that encourages efficiency in the use of land; promotes ingenuity in layout and design of residential neighborhood areas, including an appropriate mixture of residential and compatible uses and facilities (schools, churches, parks and recreation areas); encourages preservation of significant open space area; and do all the above while preserving a quality of residential amenities equal or superior to that possible under conventional subdivision requirements. In order to qualify for approval as a planned townsite project it must be demonstrated that the proposed project will:
1. Adequately recognize and incorporate natural conditions present on the site;
2. Efficiently utilize the land resources and provide increased economy to the public in the delivery of municipal services and utilities;
3. Provide a broad variety in the style and quality of residential dwellings available within the city;
4. Preserve significant amounts of both natural and useable open space area to meet the recreational, scenic and public service needs of project residents and the general public; and
5. Do all the above in a manner that is consistent with the objectives of the underlying zone and under conditions that will result in the creation of residential environments of sustained desirability.
B. Establish criteria and standards for the design of planned townsite projects by developers and also guidelines for evaluation of such projects by the city.
C. Establish legal and financial mechanisms to ensure completion of all elements of a project in accordance with the approved plan (if proposed to be developed in phases), guarantee preservation of open space and recreation, and provide a basis for awarding density bonus, where applicable.
D. Set forth the duties and responsibilities of developers and residents with respect to the approval, construction and maintenance of such projects.
E. Clearly establish the relationship of the city and the developer with respect to the review and approval of such projects. (Ord. 8-17-2000A, 8-17-2000)
10-6D-2: PERMITTED USES:
The following buildings, structures and uses of land may be permitted within a planned townsite project:
Any use permitted within the underlying zone and those authorized under this section.
Common areas and recreational facilities (public and private), including, but not limited to, golf courses, swimming pools, tennis courts, club houses, recreational buildings, landscape pond areas and features, and similar recreational facilities for the use and enjoyment of the residents.
Common utility systems and facilities, recreational vehicle storage area, private streets (when so provided in the plan), also private driveways serving individual dwellings, fences, walls, accessory buildings, and similar structures and uses incidental to the main use.
Public parks, recreation buildings and areas, water tanks and reservoirs, schools and similar public facilities, when owned and operated by the city, or if owned and operated by another public governmental agency, following approval of the city. (Ord. 8-17-2000A, 8-17-2000)
10-6D-3: APPROVAL PROCEDURE:
A. The procedure to be followed in securing approval of a planned townsite project shall be as set forth under section 10-6-3 of this chapter.
B. In addition to the requirements of this section, a planned townsite project that includes the division of land into separate ownership shall also constitute a subdivision and shall conform to all applicable requirements for subdivisions. Planned townsite projects that do not include the division of property shall be considered as a condominium development and shall conform to all applicable requirements for such projects. (Ord. 8-17-2000A, 8-17-2000)
10-6D-4: MINIMUM PROJECT AREA:
The minimum base area required to qualify for a planned townsite project shall be two hundred forty (240) acres. Subsequent additions to an existing planned townsite project shall have no minimum area requirement, except that any such addition shall constitute a logical design extension of the planned townsite project. (Ord. 8-17-2000A, 8-17-2000)
10-6D-5: DENSITY:
A. Maximum Total Density Of Project: The total number of dwelling units permitted in a planned townsite project (maximum total density) shall be the sum of the maximum base density units, determined in accordance with the provisions of subsection B of this section, plus any density bonus units that may be approved in accordance with the provisions of subsection C of this section.
B. Base Density: The maximum base density for a project area shall be determined by the city in accordance with the following criteria:
1. H-1 Hillside Zone Area: The maximum base density for a project, or portion thereof, proposed to be located within the H-1 hillside zone area shall be determined by the city upon a detailed slope analysis of the proposed project area, in accordance with the following schedule:
Density Slope | Category (DU/Net Ac) |
0 - 13% | 2.5 |
13 - 21% | 2.0 |
21 - 30% | 1.5 |
30%+ | 0.2 |
2. TR-1 Townsite Residential Zone Area: The maximum density for a project, or portion thereof, proposed to be located within the TR-1 townsite residential zone shall be 1.0 dwelling units per gross acre of area within the project area.
3. For purposes of establishing maximum base density for any planned townsite project, any portion of the project area reserved for commercial, industrial or other nonproject purpose or proposed for purchase at fair market value as a school site, church site, public park or a site for similar nonproject use, shall be excluded when calculating density pursuant to this section.
C. Density Bonus Units Permitted:
1. Amount Of Bonus Permitted: A density bonus may be granted by the city council to a planned townsite project, subject to the prior recommendation of the planning commission and a finding that the density bonus is justified. The maximum bonus density (MBD) eligible for award for a specific project shall be as set forth on the following schedule:
Maximum Bonus Amount | |
Zone District | (% Of Base Density) |
TR-1 zone | 100% |
H-1 zone | 20% |
2. Bonus Density Criteria: Any award of bonus density shall be as determined by the city in accordance with one or a combination of the following density bonus criteria:
Maximum Bonus Amount (% MBD) | Criteria For Award Of Bonus
|
Maximum Bonus Amount (% MBD) | Criteria For Award Of Bonus
|
1% of MBD for each 1% of natural open space | By providing additional open space in excess of the minimum required. |
also | |
3% of MBD for each 1% of developed usable open space area | |
Up to 5% of MBD | By providing significant unique common private facilities (i.e., tennis court, swimming pool, community building, etc.) for the use and benefit of the project residents and/or public. For purposes of compliance with this provision, the providing of turf area or incidental play apparatus shall not qualify as meeting this requirement. |
Up to 10% of MBD | By preserving or augmenting natural vegetation, providing additional land and vegetation reclamation or community flood control areas or facilities, in order to stabilize hillside areas, minimize flood hazards to the community, preserve wildlife corridors and habitat and promote aesthetic value and natural character of the developed portions of the project (other than, and in addition to, the natural open space preservation areas provided pursuant to other provisions of this article). |
Up to 5% of MBD | By promoting efficient and effective traffic patterns, minimizing adverse traffic impacts, or extreme road cuts and fills and providing more adequate access for fire protection purposes or other substantial public benefit. |
Up to 5% of MBD | By providing a superior project design and amenities. Where, in the opinion of the planning commission, the design of the project and the layout of the various project elements will result in the establishment of a spacious, convenient, safe and economic environment for the residents, which is clearly consistent with the stated intent for planned residential developments and will result in the creation of a residential environment of sustained desirability, the planning commission may recommend approval of a density bonus amount for part or all of the amount allocated under this criteria item. |
(Ord. 8-17-2000A, 8-17-2000)
10-6D-6: DWELLING MIX:
The plan for the planned townsite project shall provide for a mix in the cost/value of dwelling units (high/moderate income units). Not less than fifteen percent (15%), nor more than thirty percent (30%) of all dwelling units within the project shall meet the requirements and qualify as "low and/or moderate income units", as defined by Utah Code Annotated section 10-9-307, as amended. (Ord. 8-17-2000A, 8-17-2000)
10-6D-7: DWELLING STYLE:
The plan for the townsite residential project shall provide for a mix in dwelling style (detached single-family dwellings/duplex and twin homes/multi-family dwellings). Not less than fifteen percent (15%), nor more than thirty percent (30%) of all dwelling units within the project shall consist of duplex/twin homes or multi-unit structures. (Ord. 8-17-2000A, 8-17-2000)
10-6D-8: DESIGN CRITERIA:
A. Development Cluster Required: All lots and buildings shall be located within a designated development cluster. A project may contain more than one development cluster. Each cluster shall contain not less than five (5) separate lots or building sites.
B. Location On Open Space Prohibited: No lot or portion of a project containing dwellings within a planned townsite project shall be located on lands that are required to be designated as open space in accordance with the provisions of section 10-6D-9 of this article.
C. Setbacks: Each dwelling in the project shall be setback from the lot boundary line in accordance with the setback lines as shown on the approved plat (designated setback envelope). Where no designated building envelope is provided, the setbacks shall be the same as the minimum requirements within the underlying zone.
D. Open Space Requirements: The design of the project shall incorporate the open space and all other criteria applicable to planned townsite projects. (Ord. 8-17-2000A, 8-17-2000)
E. Street Grade: The grade of all public or private streets, or common drives or private driveways, shall conform to the requirements for subdivisions. No public or private street providing access to a development cluster or any common drive or private driveway within the planned townsite project shall be constructed in a location or in such a manner that results in the creation of a slope face that exceeds the critical angle of repose or is greater than five feet (5'). (Ord. 3-4-2003C, 3-4-2003)
F. Road System Design: To the maximum extent possible, the design of the road system shall provide for continuous circulation throughout the project. Cul-de-sac streets shall be no longer than four hundred fifty feet (450') and shall be terminated by a turnaround or loop road of not less than one hundred feet (100') in diameter, except that longer cul-de-sac lengths may be approved by the city council where topographic conditions justify, subject to the prior recommendation of the planning commission. (Ord. 8-17-2000A, 8-17-2000)
G. Driveway Slope: Any driveway providing access to a buildable area shall have a slope of not greater than twelve percent (12%) with no cut or fill slope greater than five feet (5'). (Ord. 3-4-2003C, 3-4-2003)
H. Access: Each lot or building site shall abut upon and have direct access to a city street or approved private street.
I. Flag Lots: A planned townsite project design may contain one or more "flag lots", subject to the following:
1. In the opinion of the city, the use of the flag lot option is necessary in order to provide access to an area that is eligible for development but not practically accessible by modification of the road system.
2. The building lot portion of the flag lot (flag portion) shall contain sufficient area to accommodate a dwelling and also provide adequate setback distances consistent with those in the immediate vicinity.
3. The access portion of the flag lot (flagpole portion) shall abut directly upon and have direct access to a city street or approved private street for a distance of not less than twenty feet (20'), shall have a minimum width not less than twenty feet (20'), and be readily capable of meeting the driveway slope requirements for a buildable area as set forth under subsection G of this section.
4. The access portion of the flag lot (flagpole portion) shall be no longer than one hundred fifty feet (150') from the abutting street and the designated building site shall be not less than two hundred fifty feet (250') from the closest adequate fire hydrant. (Ord. 8-17-2000A, 8-17-2000)
J. Guidelines: The applicant, in preparing the design for a planned townsite project, and the planning commission and city council, in conducting the reviews and approvals required by this title, shall be guided by the terms of this title and such guidelines for the design and review of planned townsite projects, when adopted, which shall be adopted by resolution of the city council. (Ord. 8-17-2000A, 8-17-2000; amd. 2004 Code)
K. Easements: The plat shall provide adequate easements for the placement of utility systems, trails and pedestrian walkways in locations approved by the city. In the instance where the project plan proposes the placement of dwellings on individual lots, the plan shall provide adequate front, rear and side yard utility easements. (Ord. 8-17-2000A, 8-17-2000)
10-6D-9: OPEN SPACE:
A. Schedule: A portion of each project area shall be set aside and maintained as designated open space. The amount of a project area to be set aside as designated open space shall be as set forth in the following schedule:
Zone District | Minimum % Of Total Project Area As Common Open Space |
H-1 | 30 percent of total project area |
TR-1 | 30 percent of total project area |
(Ord. 8-17-2000A, 8-17-2000)
B. Type Of Open Space Areas:
1. The designated open space areas may include natural open space (applicable to steep hillside, wetland, floodplain area, etc.) and developed useable open space areas, or a combination thereof. (Ord. 8-17-2000A, 8-17-2000; amd. Ord. 8-3-2010A, 8-3-2010)
2. When the project area is adjacent to an existing or planned park or trail, the common open space shall include connections to those existing and future parks or trails. (Ord. 8-3-2010A, 8-3-2010)
C. Included Areas: Regardless of the minimum percent set forth under subsection A of this section, the designated open space area shall include and contain all 100-year floodplain areas, defined floodways, all avalanche and rockfall hazard areas, all areas having a slope of thirty percent (30%) or greater, or any other area of known significant physical hazard for development.
D. Maintenance: The designated open space area shall be maintained so that its use and enjoyment as open space is not diminished or destroyed. To assure that all designated open space area will remain as open space, the applicants/owners shall either:
1. Dedicate or otherwise convey title to the open space area to the city for open space purposes; or
2. Convey ownership of the open space area to the homeowners' association established as part of the approval of the planned townsite project or to a third party recipient acceptable to the city; or
3. A combination of subsections D1 and D2 of this section.
In the event the alternative in subsection D2 or D3 of this section is used, the developer shall also execute an open space preservation easement or agreement with the city, in accordance with the provisions of Utah Code Annotated title 57, chapter 18, as amended, the effect of which shall be to acknowledge that all rights for development of housing, commercial or similar urban use have been transferred from the property, and any excavating, making additional roadways, installing additional utilities, constructing any dwellings or other structures, or conducting or allowing the conduct of any activity that would alter the character of the open space area from that initially approved, without the prior approval of the city, is prohibited.
The appropriate method for ensuring preservation shall be as determined by the city at the time of development approval.
E. Assessments And Guarantees: Where the proposed open space includes developed or useable space or facilities (tennis courts, pavilions, swimming pools) intended for the use by project residents, the organizational documents shall include provisions for the assessment of adequate fees and performance guarantees required to secure the construction of required improvements, including the costs of installation of all landscaping and common amenities.
F. Landscaping Plan: A detailed landscaping plan showing the proposed landscape treatment of all portions of the project proposed to be developed as useable, common open space shall be submitted as part of the submittal documents. (Ord. 8-17-2000A, 8-17-2000)
10-6D-10: IMPROVEMENT REQUIREMENTS:
The following improvements shall be constructed in all developments. All such improvements shall meet minimum city standards and shall be completed within one year from the date of approval of the final plat by the city council. Financial assurances (bonds) guaranteeing the construction of all required public improvements shall be submitted and approved as a condition of final approval and shall be administered in the same manner as for subdivisions.
A. Streets and travelways.
B. Water and sewerage mains and facilities.
C. Fire hydrants.
D. Any required drainage or flood control structures.
E. Any required restoration of cut and fill slopes.
F. The costs of installing landscaping and common facilities within any common open space area. (Ord. 8-17-2000A, 8-17-2000)
10-6D-11: WATER RIGHTS CONVEYANCE REQUIREMENTS:
A. Water rights shall be conveyed to the city in accordance with the provisions of section 10-6-16 of this chapter.
B. Where the proposed development anticipates the buildings to be located on common property (i.e., condominium ownership), the lot area used to determine the amount of water rights required to be conveyed shall include the territory occupied by the dwelling and the area proposed to be occupied as developed open space. (Ord. 3-4-2003C, 3-4-2003)
10-6D-12: DOCUMENTATION REQUIREMENTS:
The following documents and statements shall be submitted as part of the application for approval, as applicable:
A. Organizational documents (articles of incorporation, bylaws, etc.).
B. Open space preservation documents.
C. Water rights conveyance documents.
D. A pro forma statement identifying the tasks to be performed by the association and establishing the initial cost for providing the proposed services, maintenance of common improvements, and association dues, and including adjustments for cost of living increases. (Ord. 8-17-2000A, 8-17-2000)
10-6D-13: PROJECT EVALUATION GUIDELINES:
A. Findings: The planning commission shall review the proposal and may recommend approval upon finding that:
1. All plans, documents and other materials required for consideration have been submitted in a form suitable for evaluation.
2. The plan conforms in all respects to the design standards and criteria applicable to the planned townsite projects.
3. The site is suitable for development of a planned townsite project and that such a project will be consistent with existing development in the vicinity and compatible with the master plan for the area.
4. The arrangement of the buildings, roadways, open space and other project elements will result in a safe and attractive living environment equal or superior to that which would be provided under lot by lot development.
5. The project, if developed, will accomplish the objectives for planned townsite projects as stated under section 10-6D-1 of this article.
B. Changes: The planning commission may require changes in the plan in order to more fully accomplish the intent of the planned townsite project. Such changes may include, but are not limited to, adjustments in the density or the number of structures, relocation of project elements, redesign of the road system, increase in the amount of open space and provisions for the disposal of surface water drainage. (Ord. 8-17-2000A, 8-17-2000)