(Rep. by Ord. 00-13, 7-25-2000)

The purpose of the Planned Development Overlay Zone is to encourage imaginative and efficient utilization of land through large scale residential development and by providing greater flexibility in the location of buildings on the land, the consolidation of open spaces and the clustering of dwelling units. These provisions are intended to create more attractive and more desirable environments within the residential areas of the City. (Ord. 84-06B, 9-11-1984)

   A.   Combination With Residential Zone R-3: The Planned Development Zone shall be approved only as specified in this Article. The Planned Development Zone shall be used in combination with the R-3 Zone designated herein and provisions of the Planned Development Overlay Zone shall become supplementary to the provisions of the R-3 Zone. The P-D Zone shall not be applied to a land area as an independent zone. Property to which the P-D Zone has been applied shall be developed only in conformance with an approved final development plan.

   B.   Designation On Official Zoning Map: The Planned Development Zone designation (P-D) shall become a suffix to the R-3 Zone with which it is combined and shall be shown on the Official Zoning Map in parenthesis as "R-3 (P-D)". (Ord. 87-08, 3-24-1987)

   C.   Minimum Acreage: The minimum land area for a planned development shall be five (5) acres. (Ord. 84-06B, 9-11-1984)

   A.   Application: Application for a P-D Zone designation shall follow the procedures listed in Section 11-6-2 of this Title.

   B.   Preliminary Planned Development Plan: All applications for a P-D Zone designation shall be accompanied by five (5) copies of a preliminary planned development plan. The plan shall contain the following:

      1.   A complete and accurate legal description of the property proposed for the planned development.

      2.   Topographic maps of the entire site, including contour intervals of no greater than two feet (2').

      3.   A tabulation of the total acreage of the site and the percentages thereof to be designated for various uses; i.e., parking, residential units, open space, streets, etc.

      4.   Proposed circulation pattern, including private and public streets and pedestrian paths.

      5.   Parks, common open spaces, playgrounds, school sites and other public or private recreation facilities and improvements proposed within the planned development.

      6.   General location of all dwellings and other structures in the planned development and an indication of proposed population densities and building densities (units per net acre), including percentages of each dwelling type being proposed.

      7.   Proposed location of parking and ingress and egress.

      8.   A landscaping plan showing what areas are to be landscaped and what types of plants and materials are to be used, including sprinkler and irrigation systems.

      9.   Preliminary elevations or perspectives of all building types proposed within the development.

      10.   Preliminary subdivision plat, if the site is being divided, showing a general layout of all proposed lots.

      11.   A preliminary utility plan showing the manner in which adequate sewage disposal and water are to be provided to the site, including the point from which said services are to be extended.

      12.   Evidence that the applicant has sufficient control over the subject property to effectuate the proposed plan.

      13.   A draft of the declaration of covenants, conditions and restrictions as required herein.

      14.   Other materials as may be required by the Zoning Administrator or the Planning Commission.

   C.   Application And Preliminary Plan Review: The Planning Commission shall review the application for a P-D Zone designation and accompanying preliminary planned development plan. The Planning Commission shall approve, disapprove or approve subject to compliance with such modifications or conditions as may be deemed necessary to carry out the purposes of this Article and the preliminary plan. The approval of the preliminary plan shall be made only after the Planning Commission makes the following findings: (Ord. 84-06B, 9-11-1984)

      1.   That the proposed development will provide a more pleasant and attractive living environment than a conventional residential development established under the strict application of the provisions of the residential R-3 Zone. (Ord. 87-08, 3-24-1987)

      2.   That the proposed development will create no detriment to adjacent properties and to the general area in which it is located; and that it will be in substantial harmony with the character of existing development in the area. (Ord. 84-06B, 9-11-1984)

      3.   That the planned development project will provide more efficient use of the land and more useable open space than a conventional development permitted by the R-3 Zone. (Ord. 87-08, 3-24-1987)

      4.   That increased densities allowed within the proposed planned development will be compensated by better site design and by the provision of increased amenities and recreational facilities. (Ord. 84-06B, 9-11-1984)

      5.   That any variation allowed from the development standards of the R-3 Zone will not increase hazards to the health, safety or general welfare of the residents of the proposed planned development or adjacent areas. (Ord. 87-08, 3-24-1987)

   D.   Planning Commission Recommendation: Based on its action with the preliminary planned development plan, the Planning Commission shall then recommend to the City Council either approval or denial to the P-D Zone designation on the applicant's property.

   E.   City Council Action: The City Council shall review the application for designation of the P-D Zone in accordance with subsections 11-6-3B and C of this Title.

   F.   Final Planned Development Plans: Five (5) copies of the final planned development plans shall be submitted to the Zoning Administrator, who shall schedule the application for consideration by the Planning Commission. The Zoning Administrator shall review the final plan when it is submitted to see that all information and items required by this Title are included in the submission. All necessary items for compliance with Title 12 of this Code, if necessary, shall be submitted at this time also. The Zoning Administrator shall not place any final plan on the Planning Commission agenda until all items required have been submitted or are omitted for good cause. Final planned development plans shall contain the following:

      1.   Tabulations of all dwelling units to be constructed by types and numbers of bedrooms per unit.

      2.   Detailed site plan with complete dimensions showing precise locations of all buildings and structures, lot or parcel sizes and locations, designations of common open spaces and special use areas, detailed circulation pattern including proposed ownership and typical cross section of streets.

      3.   Final exterior design for all building types, presented as exterior perspectives or exterior elevations.

      4.   Detailed landscaping plans showing the types and sizes of all plant materials and their locations, decorative materials, recreation equipment, special effects and sprinkler or irrigation systems.

      5.   Dimensioned parking layout showing location of individual parking stalls and all areas of ingress or egress.

      6.   Detailed engineering plans or final subdivision plat showing site grading, street improvements, drainage and public utility locations. Also, submission of engineering feasibility studies, if required by the City Engineer.

      7.   The fully executed declaration of covenants, conditions and restrictions, together with open space easements and other bonds, guarantees or agreements as required herein or as deemed necessary by the Zoning Administrator and/or the City Attorney.

      8.   A time schedule for the completion of landscaping, parking, street improvement and other improvements and amenities.

   G.   Final Plan Review:

      1.   The Planning Commission shall review the submitted final plan. The Planning Commission shall approve the final plan only after it has found the following: (Ord. 84-06B, 9-11-1984)

         a.   The proposed development meets all the requirements and standards of the P-D Zone regulations and of the R-3 Zone. (Ord. 87-08, 3-24-1987)

         b.   The proposed development is in substantial compliance with the approved preliminary planned development plan.

         c.   The proposed development fully meets the objectives and purposes of the P-D Zone regulations.

         d.   The developer has provided the guarantees and covenants required in Section 11-12A-5 of this Article.

      2.   The Planning Commission may impose conditions on the approval of the final development plans as are deemed appropriate to comply with this Article.

   H.   Building Permit: No building permit for any portion of the planned development shall be issued until final planned development plans have been approved and all necessary Title 12 requirements have been met. (Ord. 84-06B, 9-11-1984)

   I.   Phased Final Plans: Final planned development plans for an approved preliminary plan may be submitted in phases, provided each such phase can exist as a separate unit capable of independently meeting all of the requirements and standards of this Article and of the R-3 Zone. (Ord. 87-08, 3-24-1987)

   J.   Fees: All phases of planned development approval shall be accompanied by the appropriate fee, as specified from time to time by the City Council. (Ord. 84-06B, 9-11-1984)

A planned development established under the provisions of this Article shall conform to the following standards: (Ord. 84-06B, 9-11-1984)

   A.   Density Bonus: Residential density (dwelling units per net acre) within a planned development may exceed that permitted by the R-3 Zone up to a maximum of twenty percent (20%), at the discretion of the Planning Commission and subject to concurrence of the City Council. The Planning Commission must find, however, that any increase in density will be compensated by increased amenity and improved design which, in its opinion, are proportional to the density increase which it authorizes. When permitted commercial or service uses are established, the permitted residential density shall be reduced by one dwelling unit for each one thousand (1,000) square feet of floor area devoted to commercial or service uses. (Ord. 87-08, 3-24-1987)

   B.   Building Locations: With the following exceptions, dwellings and permitted structures may be located as approved in the final development plans. Locations and arrangements of buildings on the lot should be accomplished in a manner that will best utilize the lot area and create an attractive living environment. The following exceptions shall be considered as minimum requirements as they apply:

      1.   Garages with entrances facing directly on the street, whether in a front or side yard, shall be set back at least twenty feet (20') from the property line.

      2.   Setbacks shall be maintained along the peripheral property lines of the planned development which shall be equal to that required by the zone on the property immediately adjacent thereto.

      3.   In those instances where a proposed planned development will front upon one or more existing streets, the setback from the street shall be equal to that required by the most restrictive zone on property immediately adjacent along the same street frontage.

      4.   Where allowed, all commercial or service uses shall be incorporated in a residential structure and shall be located only on the ground floor.

   C.   Open Space: Not less than ten percent (10%) of the gross area of the planned developed shall be retained in permanent open space, parks and playgrounds for the use of the occupants of the planned developments. Land proposed to be devoted to vehicular streets or roads, parking, driveways, required setbacks and slopes greater than twenty five percent (25%) shall not be included in computations of open space, park or playground area.

   D.   Utilities: All dwelling units shall be served by public sewer and a public water supply. All utilities within the planned development shall be placed underground, including telephone, electrical and television cables. Dwelling units under separate ownership shall have separate utility metering. (Ord. 84-06B, 9-11-1984)

   E.   Maximum Height: The maximum height of buildings within a planned development shall be the same as the permitted by the R-3 Zone. (Ord. 87-08, 3-24-1987)

   F.   Required Yard Area Landscaping: The required front and side yards which face upon a public street shall not be used for vehicular parking, but shall be landscaped with lawn and appropriate plants and shrubs as indicated on the approved final development plans. (Ord. 84-06B, 9-11-1984)

   G.   Parking: Dwellings shall be provided with not less than 2.125 parking spaces per unit. Any fraction of a space shall be raised to the next complete number. For example, a three (3) unit complex would require 6.375 spaces, which would be rounded up to seven (7) spaces for the entire complex. All parking spaces, parking areas and driveways must be hard- surfaced and properly drained. (Ord. 97-12, 6-10-1997)

   H.   Dedication Of Streets: Streets in planned developments may be dedicated to the City, but must conform to the City street standards as found in Title 12 of this Code. (Ord. 84-06B, 9-11-1984)

Adequate guarantees shall be provided for permanent retention and maintenance of all open space areas created before final planned development plan approval is granted.

   A.   Open Space Guarantees: Open space guarantees for all planned developments may include the following:

      1.   The City may require the developer to furnish and record protective covenants which will guarantee the retention of the open land area, or the City may require the creation of a corporation granting beneficial rights to the open space to all owners or occupants of land within the development.

      2.   The developer shall be required to develop and provide for the maintenance of all open space, unless part of or all of it is contiguous to and is made a part of an existing park and the City accepts dedication and approves the annexation of the property to said park.

      3.   In case of private reservation, the open space to be reserved shall be protected against building development by conveying to the City as part of the condition of project approval, an open space easement over such open areas, restricting the area against any future building or use, except as approved on the final development plan.

      4.   The care and maintenance of the area within such open space reservation shall be ensured by the developer by establishing a private association or corporation responsible for such maintenance which shall levy the cost thereof as an assessment on the property owners within the planned development. Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the City and made a part of the conditions of the final plan approval.

      5.   Maintenance of open space reservations shall be managed by a person, partnership or corporate entity in which there is adequate expertise and experience in property management to assure that said maintenance is accomplished efficiently and at a high standard of quality.

      6.   Subsequent amendments may be made to the plan or use of the land upon approval by City Council and upon a petition of two-thirds (2/3) or more of the property owners within the development. Any subsequent change or addition to the plans or use of land shall first be submitted to the Planning Commission for its recommendation.

   B.   Performance Bond: In order to ensure that the planned development will be constructed to completion in an acceptable manner, the applicant shall post a performance bond or escrow account with the City Recorder, approved by the City Engineer, in an amount equal to one hundred twenty five percent (125%) of the estimated costs of construction and installation of all required landscaping, parking and street improvements, including paving, curbs, sidewalks, water and sewer lines, parks, playgrounds, recreation facilities and other amenities shown on the final development plan. Said applicant shall also file a schedule of anticipated completion dates for such improvements. In the event that the improvements are not completed in reasonable conformance with said schedule, the City may undertake to complete the improvements and pay for such improvements from the bond.

   C.   Covenants And Restrictions: The applicant for any planned development which is being developed as a condominium project under the provisions of the Condominium Ownership Act of Utah, or subsequent amendments thereto, shall, prior to the conveyance of any unit, submit to the Planning Commission a declaration of covenants, conditions and restrictions relating to the project, which shall become part of the final development plan and shall be recorded to run with the land. Said covenants, conditions and restrictions shall include management policies which shall set forth the quality of maintenance that will be performed and who is to be responsible for said maintenance within said condominium development. Said document shall, as a minimum, contain the following:

      1.   The establishment of a private association or corporation responsible for all maintenance, which shall levy the cost thereof as an assessment to each unit owner within the condominium development.

      2.   The establishment of a management committee, with provisions setting forth the number of persons constituting the committee, the method of selection and the powers and duties of said committee and including the person, partnership or corporation with property management expertise and experience who shall be designated to manage the maintenance of the common areas and facilities in an efficient and quality manner.

      3.   The method of calling a meeting of the members of the corporation or association, with the members thereof that will constitute a quorum authorized to transact business.

      4.   The manner of collection from unit owners for their share of common expenses and the method of assessment.

      5.   Provisions as to percentage of votes by unit owners which shall be necessary to determine whether to rebuild, repair and restore or sell property in the event of damage or destruction of all or part of the project.

      6.   The method and procedure by which the declaration may be amended.

      7.   The declaration required herein, and amendment, and any instrument affecting the property or any unit therein, shall be approved by the City Attorney, by the Planning Commission and by the City Council and recorded with the County Recorder. (Ord. 84-06B, 9-11-1984)

The Special Purpose Overlay Zone is established to allow for the development of property located in a specific zone which is only suitable for certain permitted or conditional uses of that zone. The Planning Commission will determine which use or uses is acceptable on each site. The developer and/or property owner will contract with the City as to the type and size of development. (Ord. 93-12, 10-12-1993)

   A.   Combination With Other Zones: The Special Purpose Overlay Zone may be used in combination with any zone designated in this Title. Provisions of the Special Purpose Overlay Zone shall become supplementary to the provisions of the zone with which it is combined. The S-P Zone shall not be applied to a land area as an independent zone. Property to which the S-P Zone has been applied shall be developed only in conformance with an approved final development plan.

   B.   Designation On Official Zoning Map: The Special Purpose Overlay Zone designation (S-P) shall become a suffix to the designation of the zone with which it is combined and shall be shown on the Official Zoning Map in parenthesis. For example, if the S-P Zone were being combined with the Commercial Zone C-2, it would be designated on the Official Zoning Map as C-2 (S-P).

   C.   Minimum Acreage: The minimum land area for a Special Purpose Overlay Zone shall be the minimum required in the underlying zone. (Ord. 87-17, 9-2-1987)

   A.   Application: Application for an S-P Zone designation shall follow the procedures of Chapter 6 of this Title. (Ord. 93-12, 10-12-1993)

   B.   Review And Approval: Application for an S-P Zone designation shall be reviewed and approved according to the provisions of Chapter 4 of this Title. (Ord. 87-17, 9-2-1987)

   A.   Underlying Zone Requirements: All proposed S-P Zone developments shall meet all the standards and requirements of the underlying zone with which the S-P Zone has been combined unless otherwise contracted with the Planning Commission.

   B.   Utilities: Where restroom facilities are required, they shall be served by public sewer and public water supply. (Ord. 87-17, 9-2-1987)

   A.   Performance Bond: In order to ensure that the special purpose project will be constructed to completion in an acceptable manner, the applicant shall post a performance bond or escrow account with the City Recorder, approved by the City Engineer, in an amount equal to one hundred twenty five percent (125%) of the estimated costs of construction and installation of all required landscaping, parking and street improvements, including paving, curbs, sidewalks, water and sewer lines, parks, playgrounds, recreation facilities and other amenities shown on the site plan. Said applicant shall also file a schedule of anticipated completion dates for such improvements. In the event that the improvements are not completed in reasonable conformance with said schedule, the City may undertake to complete the improvements from the bond.

   B.   Contract: All projects in an S-P Zone shall be approved in the form of a contract. When the developer, property owner and all City officials concerned are satisfied with the site plan and stipulations, a contract will be drawn up and signed by all parties involved. (Ord. 87-17, 9-2-1987)