A.   Purpose: The transit station district zone is established to promote transit oriented and transit supportive development in areas that are generally located near a commuter rail transit or rapid transit station and to maximize the flexibility of the development approval process so as to permit such development in a manner that is responsive to market demands and consistent with the purposes and objectives of the TSD.

B.   Objectives: The TSD is intended to promote and provide incentives to create a clustered, high density residential mixed use and pedestrian friendly development with an effort to provide ready accessibility to freeway service as well as a unique public transit service environment. This type of development is generally referred to as TOD, or transit oriented development, and by focusing development in proximity to transit stations, transit oriented development can create interesting and successful urban centers, diminish urban sprawl, and play a major role in realizing regional development strategies. The objectives of the TSD are to:

1.   Permit and support higher development densities to encourage vertical development, the utilization of mass transit, and alternative modes of transportation other than the automobile;

2.   Reduce rates of vehicle miles traveled for both residents and workers in the TSD;

3.   Allow for mixed land uses and greater development densities by encouraging a flexible arrangement of residential, commercial and mixed use developments, while adopting urban development standards to ensure compatibility between the uses and pedestrian activity;

4.   Minimize distances between destinations by allowing for and promoting a number of conveniences and uses that are compatible with one another and that are generally within an approximate one-half (1/2) mile walking distance of each other, such as home to office, home to retail service, home to education or religious, and office to retail service;

5.   Promote pedestrian friendly design and architectural structuring that encourages walking and bicycling, in accordance with the intent of the city's master parks, recreation, and trails plan;

6.   Increase a variety of multi-family housing opportunities through the lessening of transportation development and maintenance costs;

7.   Increase incentives for applicants to develop a TOD by encouraging less money and land spent on parking and road installation and maintenance costs;

8.   Promote alternative methods of transportation and provide planning methods that take into consideration those who cannot drive or afford an automobile as well as those that choose not to;

9.   Create and enhance cultural use areas that promote neighborhood and local social activities;

10.   Integrate public use spaces, plazas, courtyards and pocket parks and encourage, where reasonably possible, the connection of these areas to other uses in the TSD and existing public use space and recreational system in the community of Draper City;

11.   Accommodate an economically viable development plan, recognizing that such a development plan will likely benefit the city in the form of tax increment, private investment and the creation of new jobs by the extension of the rapid commuter rail line within Draper City;

12.   Allow for greater flexibility in street and road infrastructure design and features that distinguish the area as unique, create a distinctive ambiance to the development, promote a complete streets philosophy where autos, bicycles, and pedestrians are considered equally important, and which reduce maintenance costs through reduced parking and right-of-way widths;

13.   Create a transportation connection to the Bangerter Highway and I-15 from the Draper City Commuter Rail Station;

14.   Provide for the mutual reinforcement of the Utah Transit Authority's (UTA's) public investments and private development in and around transit stations through public-private partnerships;

15.   Pursuant to the authority of Utah Code Annotated section 10-9a-102(2), specifically authorize the execution of one or more project specific development agreements and other ancillary agreements in connection with TSD developments, which development and ancillary agreements may, among other things, specify the obligations of the respective parties with respect to the installation of required infrastructure improvements, reimbursement for system improvements and oversizing, alternative approval and regulatory methods for specific projects or such other matters as the City and the applicable project applicant may agree; and

16.   Create a development that provides high quality architecture, design standards, and building materials intended to promote long term sustainability. (Ord. 985, 10-13-2011)

A.   Intensity Areas: The TSD is composed of three (3) specific intensity areas: TSD-1; TSD-2; and TSD-3. Density is expected to be highest in the TSD-1 and TSD-2 intensity areas, which shall be pedestrian oriented and well connected to public use spaces, parks, plazas and social gathering areas. Similar connectivity and pedestrian orientation is encouraged for the TSD-3 intensity area, but application of the foregoing requirements may not be as strictly applied given the orientation, grade, or other site specific constraints affecting the development of a particular parcel within the TSD-3 intensity area. Multiple uses consisting primarily of multi-family, commercial, retail, office, and a mix of the foregoing and other uses are particularly encouraged in the TSD-1 and TSD-2 intensity areas. The boundaries of the TSD-1, TSD-2, and TSD-3 intensity areas shall be as shown in section 9-14-110, exhibit 9-14-1 of this chapter, and may be adjusted from time to time as a text amendment to this chapter, pursuant to section 9-5-060 of this title. The official copies of all approved MAPs and intensity area boundaries shall be maintained in and by the Draper City Community Development Department.

B.   Transit Station Hub: A large multitransit station hub may be located within the DCCR station area. The DCCR station and anticipated multitransit hub is intended to serve the commercial workforce in and around the City. Transit riders served by a DCCR station will primarily be going to, or coming from work. It will be necessary to serve the area with improved vehicular access and pedestrian network systems for safe walking, and it will be vital for the DCCR station to accommodate a park and ride lot and bus station. It may also benefit some of the large businesses in the area to serve their transit riders with shuttles. (Ord. 985, 10-13-2011)

A.   Permitted And Conditional Uses: The land uses allowed in the TSD shall be as set forth in table 9-14-1 of this section. Permitted and conditional uses are indicated by a "P" or "C", respectively, in the appropriate column. Uses not permitted are indicated by "NP". Any permitted or conditional use not shown on table 9-14-1 of this section shall be prohibited unless the Zoning Administrator determines the use is substantially the same as a permitted or conditional use. Uses identified as "conditional" are to be approved by the Planning Commission pursuant to the standards and procedures for conditional uses set forth in section 9-5-080 of this title, and shall comply with all other applicable requirements of this chapter.

B.   Accessory Uses: The permitted and conditional uses set forth in table 9-14-1 of this section shall be deemed to include accessory uses and activities that are necessarily and customarily associated with and incidental and subordinate to such uses.

C.   Temporary Uses: Any person may sponsor or conduct for profit or nonprofit purposes the temporary uses set forth in this section, subject to the issuance of a temporary use permit in accordance with the standards found within title 6, chapter 16 of this Code, unless under express provision of this chapter no such permit is required:

Auction;

Christmas tree sales;

Festival, show, exhibit, circus, carnival, outdoor dance, community fair, concert or other activity of a similar nature;

Fireworks stand;

Garage/yard sale;

Motorized vehicles sales by a licensed dealer;

Produce stand;

Temporary construction or model home office; or

Temporary retail sales not exceeding two hundred (200) square feet.

A.   Intent: The intent of the master area plan (MAP) and the process for submitting and obtaining approval of such MAP is to provide an applicant of large or phased projects (MAP area) with a mechanism to obtain the City's approval of a conceptual framework for such projects within the TSD. Public use spaces, proposed land uses, and specific design and development standards within the MAP area shall be identified and a conceptual plan describing those elements of the MAP area shall be part of the MAP. An approved MAP constitutes approval of a master plan that will guide future development within the MAP area.

B.   MAP Required: A MAP shall be required in connection with the development of any property within the TSD. A MAP may be submitted for approval with respect to one or more parcels or any combination of parcels within the TSD. Prior to submission of a proposed MAP to the City, an applicant shall submit the same to the Architectural Control Committee (ACC) for review, which review, when completed, shall be set forth in a written instrument provided to the city by the ACC. The ACC shall review and evaluate a proposed MAP for conformity with the requirements of this chapter and any applicable development standards and design guidelines. Except as expressly provided above or unless specifically approved by the ACC in writing, no development shall be approved by the city unless such development pertains to land included within a MAP area for which a MAP has been approved. A MAP may establish site specific development standards and regulations that deviate from development standards contained in other chapters of the development code for the purposes of achieving the objectives of this chapter.

C.   MAP Requirements:

1.   Narrative: Each MAP shall include a narrative providing the following:

a.   Names, addresses and phone numbers of the applicant and owners of the project;

b.   A letter confirming review of the proposed MAP by the ACC;

c.   A general description of proposed land uses, parking plan and public use space elements to be included in the MAP area;

d.   A general description of the transportation systems within the MAP area, whether existing or proposed, including collector and arterial streets, and a general description of the proposed plan for accommodating auto, bicycle and pedestrian circulation and connectivity, and parking, along with the utilization and accommodation of any existing or proposed public transit connections within the MAP area or located on adjoining properties;

e.   A general description of major stormwater drainage and other utility systems anticipated to be required in connection with the development of the MAP area, including, where applicable, the proposed or likely service providers for such utility services;

f.   Contemplated development guidelines, architectural and site design standards for the MAP area, including setback standards for any TSD-3 intensity area, and any proposed development standards for the periphery of the MAP area designed to promote compatibility between the MAP area and adjoining properties, and, if applicable, a description of how structured parking will be architecturally integrated into the development, which is required when structured parking is proposed;

g.   A general description of the estimated sequence and timing of development of the MAP area, including the proposed phasing of public use space and any major on site or off site infrastructure improvements or facilities required or anticipated to be required in connection with the development of the MAP area;

h.   A comprehensive sign program, which program shall establish the allowed types of signs and their permitted sizes and locations, and which may be submitted as part of the initial MAP application or pursuant to a supplement or amendment thereto;

i.   An economic analysis proving that there is sufficient commercial product in any TSD-1 or TSD-2 intensity area to produce revenue positive results to the city;

j.   A land use analysis identifying acceptable ratios of uses outlined in section 9-14-050, table 9-14-1 of this chapter; and

2.   Graphics: Each MAP shall include the following graphic submittals:

a.   A conceptual drawing identifying the general location of the proposed land uses by area and indicating the anticipated range of residential and commercial densities, where applicable, within the MAP area;

b.   A conceptual drawing identifying the general location of any arterial and collector roadways, bicycle networks, and central or loop trail system and trailheads planned for the MAP area;

c.   A conceptual drawing identifying the general location of any neighborhood parks or other major public use space areas proposed for the MAP area; and

d.   Maps and legal description of the boundaries of the applicable MAP areas, and any proposed adjustment to the approved boundaries of the TSD-1, TSD-2, and TSD-3 intensity areas. Any proposed adjustment to approved intensity area boundaries shall be reviewed and approved pursuant to subsection 9-14-040A of this chapter.

3.   Additional Submittal Options:

a.   Parking Reduction: An applicant may request a reduction of parking requirements otherwise set forth in this chapter pursuant to a MAP application, which request shall address the justifications for or design features supporting the requested reduction through a professionally prepared parking study.

b.   Transportation Facilities And Infrastructure: If the applicant wishes to have specific approval of transportation facilities and infrastructure the details of which are not generally required pursuant to the MAP requirements, the applicant may request such approval provided the applicant submits studies supporting the specific facilities or infrastructure and identifies such facilities and infrastructure in reasonable detail in connection with its MAP application. An overall streetscape master plan may also be developed as part of the MAP application.

c.   Stormwater, Water Quality And Drainage: If the applicant desires to utilize a stormwater collection system that aggregates stormwater from multiple parcels in the MAP area, the applicant shall submit a comprehensive stormwater plan in connection with its MAP application.

4.   Waiver Of Specific Submissions: Any information required for MAP submittal may be waived by the city, on the basis that the information is not applicable to the proposed uses being reviewed within the proposed MAP. Such waivers shall be documented in writing by the zoning administrator prior to the planning commission review of the MAP for the waiver to take effect.

D.   Review Process: Submittals for MAP approval shall follow the following process:

1.   Planning Commission Review: Within forty five (45) days of receiving all required submissions relating to a MAP, the planning commission shall hold a public hearing on any MAP proposed pursuant to this section and shall recommend approval or denial to the city council within twenty one (21) days of the public hearing. The applicant may opt to waive the strict application of this time line if additional time is necessary to address or negotiate specific issues with the city prior to the development of a formal staff recommendation to the planning commission.

2.   City Council Review: After receiving the recommendation from the planning commission with respect to a MAP, the city council shall hold a public hearing within thirty (30) days of receipt of the recommendation. The city council shall approve, approve with conditions or deny the MAP within twenty one (21) days of the public hearing. The decision of the city council to approve or deny a MAP shall be deemed a final decision entitling the applicant to appeal the decision to a district court as set forth in Utah Code Annotated section 10-9a-801, or its successor section.

3.   Noticing: Review of an application for approval for or amendment to a MAP, as described in this subsection, shall be noticed to the public by way of mailing written notice to neighboring property owners based on information provided by the applicant as called for in subsection 9-5-045A of this title, posting of public hearing signs on the property as called for and determined in subsection 9-5-045C of this title, and posting of a notice of public hearing on the Utah public notice website. All such noticing shall be done at least ten (10) calendar days prior to each public hearing.

E.   Criteria For Review: The planning commission and city council shall have discretion to disapprove a MAP with respect to the required elements of a MAP application only on the basis of: 1) the failure to provide and comply with all of the required elements under this section unless waived pursuant to the provisions of this chapter; 2) the failure of the master circulation plan to adequately serve the MAP area and areas surrounding the project; 3) the failure of any item required by this section to provide for a community character substantially consistent with the purposes of the TSD, including the failure of the land use analysis to provide for at least twenty five percent (25%) commercial, retail, or office uses; or 4) development standards or design guidelines that are inconsistent with high quality transit oriented design standards, including the use of high quality building materials.

F.   Recording: All approved MAPs, and all approved amendments to such MAPs, shall be recorded in the real property records with a notation that all land within such boundaries shall be subject to the provisions of such MAP or amendment unless or until amended.

G.   Major And Minor Amendments: Provided the written review of the ACC has been previously obtained and submitted to the city, including ACC review of a site plan or site plan amendment, an approved MAP may be amended at any time and such amendment may occur simultaneously with the processing of a site plan application or a site plan amendment. The Zoning Administrator shall decide whether a proposed amendment is a "major" or "minor" amendment. A major amendment shall be reviewed and approved or denied using the process established for the initial MAP approval. A minor amendment shall be reviewed and approved or denied by the Zoning Administrator. In order to initiate an amendment, the applicant shall submit to the Zoning Administrator those MAP submission items that would change if the proposed amendment were approved. Appeal of the Zoning Administrator's decision regarding a MAP amendment shall be to the City Council.

1.   Major Amendments: Changes of the following types shall define an amendment as major:

a.   Those which materially modify or reallocate the allowable height, mix of uses, or density of a development;

b.   Those which materially alter the location or amount of land dedicated to parks, trails, public use space, natural areas or public facilities; or

c.   Those which modify any other aspect of the MAP that would significantly change its character.

2.   Minor Amendments: Amendments that are not major amendments shall be termed "minor amendments" and shall include incremental dimensional changes, minor changes in locations of uses, and similar changes that do not qualify as a major amendment. The Zoning Administrator may also refer the application to other departments or agencies for comment.

H.   Effect Of Approved MAPs:

1.   Legislative Determination: Approval of a MAP shall constitute a legislative determination that the MAP is consistent with the TSD Zone.

2.   Binding: All MAPs and MAP amendments recorded pursuant to this chapter shall be binding upon the City and the applicants and their respective successors and assigns with respect to the development of property within the MAP area. Notwithstanding the foregoing, the implementation of any phasing plan included in the MAP is to be used for strategic timing only and shall not be binding upon the applicant or any successor of the applicant.

3.   Period Of Force: A recorded MAP shall be in full force and effect until such time as the MAP is amended, replaced by a new MAP for the same location, or terminated pursuant to a written agreement between the applicant or the applicant's successor in interest with respect to the applicable portion of the MAP area and the City.

4.   Vested Property Rights: An approved MAP shall constitute a site specific development plan which triggers a vested property right in favor of the applicant or subsequent owner of the property included in the MAP area. Such vested property right shall remain vested for the duration of the MAP. The applicant's or subsequent owner's vested rights are directly proportional to the level of detail approved in the MAP. (Ord. 985, 10-13-2011)

A.   Density: Consistent with the goals and objectives of the TSD, there shall be no maximum residential density or nonresidential intensity in the TSD. The following minimum residential densities are required in those portions of a TSD intensity area where residential uses are proposed to be built:

TSD-1: Thirty five (35) du/ac.

TSD-2: Fifteen (15) du/ac.

TSD-3: Five (5) du/ac.

B.   Required Buffer: An average two hundred foot (200') wide, with a minimum one hundred foot (100') wide, recreational or public use space buffer is required immediately south of and adjacent to the existing Galena Hills Subdivision. There shall be no buffer required east of the west right-of-way boundary of Galena Park Boulevard, as shown in section 9-14-110, exhibit 9-14-1 of this chapter. This buffer shall be extensively landscaped and extend the length of the existing single-family residential development, and is meant to assist in transitioning from the smaller scale of the existing residential development to the taller, denser development of the TSD. Public infrastructure, including roadways and related improvements may be located within the required buffer area only for the purpose of providing connectivity to existing or proposed street rights-of-way. The provision of this connectivity may be for permanent or temporary connections to the existing or realigned Galena Hills Boulevard right-of-way and shall be provided in a manner that the street connection within the buffer area is minimized to the greatest extent possible for the most reasonable alignment. With the exception of the connection to the existing or realigned Galena Hills Boulevard, there shall be no streets or roadways allowed within the buffer area. Those portions of residential or commercial buildings that are located within the area that is within fifty feet (50') of the required buffer shall be limited to a maximum of thirty six feet (36') in height.

C.   Building Height: Massing and shadow studies will be required as part of site plan approval, and can be used as justification to modify the maximum or minimum heights allowed. Consistent with the goals and objectives of the TSD, there shall be no maximum building height in the TSD. Unoccupied accessory buildings shall have no minimum height requirement. The following minimum heights are required, unless minimum height standards are modified as part of the MAP, site plan approval process, or in order to comply with the buffer requirements of subsection B of this section:

TSD-1: Forty five feet (45').

TSD-2: Thirty six feet (36').

TSD-3: No minimum.

(Ord. 985, 10-13-2011)

D.   Building Orientation And Entrances:

1.   The front facade of all principal buildings in the TSD-1 and TSD-2 intensity areas shall face onto the street or an active pedestrian space, and not be oriented toward a parking lot or parking structure.

2.   Pedestrian connections shall be provided between the sidewalk and each primary building entry in the TSD-1 and TSD-2 intensity areas. (Ord. 985, 10-13-2011; amd. Ord. 1024, 8-21-2012)

E.   Roadway Network And Street Guidelines:

1.   The street network shall be compact and connected, promoting efficient pedestrian and vehicular travel. Streets shall be designed to minimize modal conflict between pedestrians, cyclists and automobiles.

2.   Where possible considering the applicable land uses, the street network shall create small blocks, in order to promote walking and a positive pedestrian environment.

3.   The street network shall use appropriately sized, not overly wide street cross sections. In this regard, existing City standards may be modified to accommodate a smaller street width to facilitate a walkable community. These cross sections shall include a pedestrian area consisting of a sidewalk and amenity area, on street parking, and travel lanes. On street bike lanes shall be included, as appropriate. Typical cross sections for streets and alleys within the TSD are set forth in section 9-14-110 of this chapter. Final street cross sections shall be approved in connection with the applicable MAP.

4.   All streets developed and maintained within the TSD shall be constructed in accordance with structural pavement section standards generally applicable to similarly sized streets in the City. Alternate or decorative paving treatments, such as unit pavers or decorative concrete may be proposed by the applicant and approved by the City staff.

5.   Alleys shall be privately owned.

6.   The adjacent property owner will be required to maintain the 22.5 foot section of right-of-way, and maintenance duties will remain until such time as City expands the roadway to full buildout. At full buildout the maintenance of the park strip will continue to be the responsibility of the adjacent property owner. (Ord. 1263, 6-6-2017)

F.   Vehicular Access:

1.   Alleys shall be encouraged as the standard, primary access for all nonresidential uses within the TSD-1 and TSD-2 intensity areas, including primary access to garages, service functions, and trash storage and collection.

2.   Within the TSD-1 and TSD-2 intensity areas, curb cuts shall be prohibited, except for alleys, unless no other acceptable access is available to the particular site. On a block facing multiple rights of way, curb cuts may be allowed on the less traveled street. In cases where curb cuts are provided, the vehicular pathway shall be of sufficient depth so that a delivery vehicle does not obstruct the pedestrian sidewalk.

G.   Sidewalks And Pedestrian Circulation: Convenient pedestrian circulation systems shall be provided to minimize pedestrian-auto conflicts. Pedestrian walkways shall connect building entrances to each other and connect building entrances, sidewalks and public streets to existing or planned transit stops. Sidewalks shall be at least eight feet (8') wide in the TSD-1 intensity area. In the TSD-2 and TSD-3 intensity areas, the sidewalk shall not be less than five feet (5') wide.

H.   Streetscape And Landscape Requirements: Streetscape and landscape within and visible from the public rights of way shall be designed to facilitate pedestrian wayfinding and to create an attractive, pedestrian scaled environment. Plant materials shall be selected for their appropriateness to the northern Utah environment and for visual appeal. Tree species which are deemed shade or canopy trees are preferred to smaller ornamental varieties.

I.   Parking Requirements:

1.   Parking Required: The number of parking stalls required shall be calculated pursuant to the requirements of chapter 25 of this title as modified according to the terms of this chapter unless alternative requirements are established pursuant to an approved MAP. The location and type of parking stalls required shall be provided according to the following:

a.   Within the TSD-1 intensity area, parking shall be provided as on street parking, where the road cross section can accommodate such parking and is specifically approved as part of a MAP, or within a parking structure with ADA accessible and delivery parking only being allowed as off street surface parking;

b.   Within the TSD-2 intensity area, parking shall be provided as on street parking, where the road cross section can accommodate such parking and is specifically approved as part of a MAP, within a parking structure, or as off street surface parking with a maximum of twenty percent (20%) of the total parking requirement being allowed as off street surface parking; and

c.   Within the TSD-3 intensity area, on street and off street, surface parking for nonresidential uses shall be permitted when approved as a part of a MAP.

2.   Structured Parking Not Required: Structured parking described in subsections I1a and I1b of this section shall not be required where public financing or funding is not available or offered to construct sufficient structured parking to meet the requirements of this chapter. When structured parking is not required, off street surface parking in the TSD-1 and TSD-2 intensity areas shall be provided and shall include at least the following design features, to be addressed specifically and approved with the MAP including the subject properties:

a.   Eight foot (8') wide pedestrian pathways shall be provided, spaced no more than one hundred fifty feet (150') apart, through all parking areas and shall include landscaping and vegetative plantings on each side;

b.   Plaza areas at the primary entrance to all buildings from the parking area;

c.   Pedestrian walkways connecting all building entrances to street right of way sidewalks;

d.   Extensive pedestrian pathway system that connects all buildings to all on site parking areas, all other buildings within the same MAP area, and paths leading directly to the DCCR station;

e.   Landscaping and planting beyond that anticipated for site plans approved according to the provisions of chapter 23 of this title; and

f.   All on site surface parking area shall be located to the interior of the site and to the rear of all primary buildings.

3.   Required Parking; Reductions: To encourage transit oriented development throughout the TSD, minimum parking requirements shall be reduced twenty five percent (25%) from those otherwise required for such land use pursuant to the development code. A further reduction up to an additional twenty five percent (25%) may be requested based on the inclusion of transit supportive features within the site design as part of the site plan approval process and based on a professionally prepared parking study. These features include, but are not limited to, the following:

a.   Shared parking as shown by a legally executed agreement between multiple entities;

b.   Formation of a parking district, and construction of joint use parking reservoir structures;

c.   Shared access points for adjacent parking lots;

d.   Provision of shuttle service, outside the one-fourth (1/4) mile radius to the DCCR station, connecting to the DCCR station; and

e.   Provision of motorcycle and bicycle specific spaces.

4.   Large And Phased Developments:

a.   Parking minimums must be met at every phase of development.

b.   Temporary parking on parcels slated for later phase development shall be allowed, but must be clearly marked as such on official site plans.

5.   Parking Dimensions: Off street parking spaces shall be a minimum of nine feet (9') wide by eighteen feet (18') deep. Tandem parking spaces and other measures to maximize parking efficiency and reduce the overall parking footprint shall also be permitted.

J.   Public Use Space Requirements:

1.   The TSD shall include at least fifteen percent (15%) of the total development area for public use space purposes, calculated on a per acre basis. For purposes of this requirement, public use space shall include parks, trails, plazas, courtyards, or other outdoor amenities and public spaces, including hard surfaced areas conducive to enjoyment of the outdoors in an urban setting. Street pavement, curb and gutter, park strip, and standard sidewalk, i.e., five feet (5') or less in width, shall not be considered public use space. For purposes of the determining public use spaces, sidewalks or walkways of at least ten feet (10') in width which are designed and constructed as a part of the city's trail system may be counted and included as public use space.

2.   Provided the mechanism for allocating or distributing the public use space is set forth in an approved MAP, the fifteen percent (15%) public use space may be calculated on an aggregated basis across multiple phases and/or across multiple parcels within the TSD. In such circumstances, individual site plans or project specific MAPs may be approved without including on site public use space, pursuant to an approved MAP public space strategy.

3.   Applicants of individual sites or phases may choose to make a onetime cash in lieu payment to the master developer to be used for the creation of public use space within the TSD.

4.   Except as may be otherwise specified in an approved MAP, for large and phased developments, fifty percent (50%) of the required public use space area shall be complete when fifty percent (50%) of the total MAP land area has been developed. One hundred percent (100%) of public use space shall be complete when one hundred percent (100%) of the total MAP land area has been developed. These public use space completion requirements may be waived by the city depending on the distribution and location of individual components within the overall public use space system, as detailed in an approved MAP.

K.   Lighting Standards:

1.   Lighting shall be provided within the public right of way along all streets and alleys.

2.   All lighting fixtures shall be full cutoff, dark skies compliant, and shall meet the requirements of chapter 20 of this title.

3.   Lighting design shall meet the minimum standards developed by the Illumination Engineering Society.

4.   Materials and equipment chosen for lighting fixtures shall be durable and weather well. A standard list of approved lighting fixture choices may be included by the applicant as part of the MAP design guidelines.

L.   Signage Standards:

1.   Signage shall serve primarily identification and wayfinding purposes.

2.   Signs shall be made of high quality, durable materials to a level of design and finish appropriate to the building/location where they are installed.

3.   Signage affixed to the upper floor face of buildings shall be allowed but will require review by the ACC.

4.   Specific signage standards for a MAP area shall be approved in connection with the applicable MAP, and it is specifically contemplated that such signage standards shall deviate from existing signage standards in the City. (Ord. 985, 10-13-2011; amd. Ord. 1024, 8-21-2012)

A.   Site Plans Subject To ACC Review: All site plans and construction of permitted or conditional use structures or additions larger than five hundred (500) square feet to such structures shall be subject to ACC review. No building permits will be issued by the City without evidence of prior ACC architectural review.

B.   City Review And Approval: All subdivision and conditional use applications shall be subject to the City's regular review process. A subdivision plat establishing major roadways and infrastructure systems may be advanced, reviewed, and approved prior to completion of the MAP process but such subdivision plat shall be subject to the City's typical subdivision review and approval process. Site plans applications may be approved administratively by the Zoning Administrator upon finding substantial compliance with the terms of an approved MAP for the same properties, or the Zoning Administrator may defer the review of the application to the Planning Commission.

C.   Application Contents: Applications shall contain the following information:

1.   Preliminary Plan: A conceptual site plan with context photos of the site and immediately adjacent properties, preliminary building elevations, preliminary written and graphic presentation of the landscape plan, building materials, architectural details and treatments, all other supporting items that the ACC may request to make a preliminary determination that the final development plan will comply with the standards and guidelines of this chapter and the MAP.

2.   Final Development Plan: A final site plan containing all civil engineering elements, the landscape plan, building elevations, building materials, architectural details and treatments, and all items required by the ACC to make a determination that the final development plan complies with this chapter and is consistent with the MAP.

D.   ACC Review Criteria: The ACC review shall address the following criteria:

1.   General:

a.   Compliance with the standards and design guidelines of this chapter and the approved MAP;

b.   Continuity of MAP character;

c.   Interconnected transportation network emphasizing transit, pedestrian and bicycle modes of travel;

d.   Compatible arrangement of uses and transit facilities;

e.   Architecture and landscape design;

f.   Long term quality and sustainability of development;

g.   Snow storage and snow removal plan for all public and private rights-of-way; and

h.   Range of housing density, size, and type.

2.   Site Design:

a.   Appropriate location and screening of service entrances, utilities, parking;

b.   Minimized visual impact of parking;

c.   Safe, attractive connections to the pedestrian and bike circulation system;

d.   Minimized pedestrian, bike, vehicular, and transit conflict;

e.   Clear, intuitive wayfinding;

f.   Site design arranged to emphasize transit and the DCCR station;

g.   Creation of outdoor public spaces and contribution to TSD public use space;

h.   Snow storage and snow removal plan for all on site vehicular and pedestrian areas; and

i.   Consistency with landscaping and lighting plans of the MAP.

3.   Architecture:

a.   Human scale facades, pedestrian interest, and interface between buildings and the public realm;

b.   Orientation of buildings and entrances;

c.   Durable, high quality materials;

d.   Consistent architectural theme and quality; and

e.   Compliance with building heights, build-to lines and setbacks.

E.   City Approval Criteria: Site plan and conditional use applications shall be reviewed for consistency with this chapter and an approved MAP, and upon a determination of such consistency, which determination shall not be unreasonably withheld or delayed, shall be approved pursuant to subsection B of this section. Notwithstanding the foregoing, any such approval may be conditioned upon the applicant's providing reasonable evidence to the City that such on site or off site infrastructure improvements or facilities as the City reasonably determines are necessary to service the applicable portion of the MAP area have been installed or will be installed in connection with the development of the applicable portion of the MAP area. (Ord. 985, 10-13-2011)

A.   Project Specific Development Agreements Permitted: Pursuant to the authority of Utah Code Annotated section 10-9a-102(2), projects within the TSD may be developed pursuant to a project specific development agreement (PSDA) generally executed in connection with the completion of a MAP. Additional terms and conditions not addressed in the MAP may be agreed to by the parties to a PSDA. The provisions of an approved PSDA shall govern over any conflicting provisions of this Code, except when such provisions compromise the health, safety and welfare of individuals.

B.   Approval Process: The process for approval of a PSDA shall be governed by the provisions of this section and, if set forth in the PSDA, any subsequent approvals for a project covered by a PSDA shall be governed by any supplemental procedural provisions agreed to by the parties in an approved PSDA.

C.   City Council Review: The City Council shall hold a public hearing within forty five (45) days of receipt of the PSDA application, unless additional time is requested by the applicant. The City Council shall approve or deny the PSDA within twenty one (21) days of the public hearing. The decision of the City Council to approve or deny a PSDA shall be deemed a final decision entitling the applicant to appeal the decision to a District Court as set forth in Utah Code Annotated section 10-9a-801, or its successor section.

D.   PSDA Binding: An approved PSDA shall be binding upon the applicant and its successors and assigns and upon the City, and shall vest the right of the applicant and its successors and assigns to develop the area subject to an approved PSDA in accordance with such PSDA. Further applications pertaining to a project covered by an approved PSDA shall not be disapproved by the Planning Commission or City Council unless such application is inconsistent with the approved PSDA or because disapproval is required to maintain the public health and safety.

E.   Amendments: The applicant, or its successors or assigns, may propose an amendment to an approved PSDA at any time by submitting a request to the City's Zoning Administrator. Within forty five (45) days of receiving a proposed amendment, the City Council shall approve or deny the proposed amendment, unless additional time is requested by the applicant. The City Council shall approve the proposed amendment if it substantially complies with the purposes of the TSD Zone and does not otherwise contain sufficient grounds for the denial of the PSDA under subsection D of this section. (Ord. 985, 10-13-2011)