Elk Ridge City Zoning Code
CHAPTER 11
OTHER ZONES
ARTICLE E. PLANNED UNIT DEVELOPMENT OVERLAY ZONE
(Rep. by Ord. 18-1, 1-23-2018)
10-11A-1: LEGISLATIVE INTENT:
A. The PF public facilities zone is established to provide areas for the location and establishment of facilities owned and maintained by public and quasi-public entities.
B. It is the intent of this zone district to provide for effective regulation of the placement and construction of major public systems and facilities within the city in order to ensure that said facilities will be consistent with the purposes of the general plan and be located, constructed and maintained in a manner that will further the interests of the city and its residents and facilitate the implementation of Utah Code Annotated sections 10-9a-305 and 10-9a-406, as amended.
(Ord. 08-7, 4-8-2008; amd. Ord. 19-4, 8-27-2019)
10-11A-2: PERMITTED USES:
Buildings shall be designed, erected, altered, moved or maintained in a public facilities district only for land uses set forth as follows:
Accessory buildings and uses (non-occupied): Public parking area, vehicle, materials or equipment storage buildings, and maintenance and heating facility and similar uses.
Civic: Churches, libraries, places for public assembly, memorials, monuments, cemeteries and similar public uses.
Educational: Primary and secondary public, private or parochial schools and similar public uses.
Governmental: Municipal uses for administrative functions and uses by the general public. Examples may include but are not limited to: municipal offices, fire station, service district offices, public works administrative and maintenance, and post offices.
Public utility facilities: Public sewage treatment, water treatment, water wells, reservoirs and storage tanks, electric substations and similar uses.
Recreational: Parks, recreation fields and playgrounds, pools and public gardens, public restrooms, open space and golf courses and similar public uses.
(Ord. 08-7, 4-8-2008; amd. Ord. 19-4, 8-27-2019)
10-11A-3: AREA, YARD, AND HEIGHT REGULATIONS:
The area or parcel of land for a permitted public facility shall be not less than required to provide a site adequate for the main and accessory buildings, off street parking and other accessory uses, yards and open spaces to accommodate the facility and maintain the character of the neighborhood, provided, however, churches shall have a minimum area of three (3) acres. The area or parcel of land for a permitted public facility shall be approved by the planning commission.
A. Yard Regulations:
1. The front yard setback shall be not less than the required front yard setback for any adjacent district. If the parcel is surrounded by other parcels zoned as Public Facilities the minimum front set back shall be thirty feet (30’).
2. The side and rear yards for each public facility building shall be not less than the criteria set forth in the following schedule when adjacent to any residential district:
Use
| Side And Rear Yard (Feet)
| ||
Accessory Buildings and Uses | 12 | ||
Use
| Side And Rear Yard (Feet)
| ||
Accessory Buildings and Uses | 12 | ||
Civic | Nonassembly buildings | 50 | |
Assembly buildings | 75 | ||
Educational | Public, private and parochial schools | 75 | |
Governmental | Structures located in or adjacent to residential areas | 30 | |
Structures requiring public parking, served by truck and tractor traffic, or including vehicle or equipment maintenance may be required by planning commission to provide additional set back distance to allow for a buffer between parking/ travel ways and residential parcels | |||
Structures adjacent to other Public Facilities or Commercial Uses | 12 | ||
Public Utility Facilities | Structures | 12 | |
Recreational | Buildings | 75 | |
3. Planning commission may require buffering through the use of landscaping, fencing, earthwork or other screening techniques that may entail greater setback distances in order to minimize the aesthetic impact to the surrounding neighborhood. Consideration of the impacts of characteristics such as scale, traffic, noise, lighting, hours of operation and physical site characteristics may necessitate buffering leading to greater setback distances.
4. Driveways and parking areas serving the public facility may be located within the side or rear yard set forth in the above schedule, but driveways shall be located not less than ten feet (10') and parking areas not less than the side yard setback of the adjacent district, and play areas shall not be located closer than fifty feet (50') from any adjacent boundary line of a residential district.
5. Height Regulations: Chimneys, spires, cupolas, towers, flagpoles, water tanks, monuments and other mechanical appurtenances located upon or constituted as an integral part of the main building, shall not exceed a height of fifty feet (50') above finished grade except for church spires which may rise to seventy feet (70') above finished grade.
(Ord. 08-7, 4-8-2008; amd. Ord. 19-4, 8-27-2019)
10-11A-4: LIGHTING:
Lighting for public facilities shall conform to the guidelines found in 10-12-43 “Outdoor Lighting Requirements” of the city code.
(Ord. 08-7, 4-8-2008; amd. Ord. 19-4, 8-27-2019)
10-11A-5: APPROVAL PROCEDURE:
Approval for the placement of the zone district and for the location and layout of uses within this zone shall be obtained from the city council, following recommendations of the planning commission in the manner required for an amendment of the zoning ordinance. 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 with the development, together with a copy of the site plan, required pursuant to section 10-11A-6 of this article, showing the improvements to be constructed thereon and any conditions attached to said approval. Upon adoption and publication of the ordinance, the specific requirements of the zone shall be as set forth upon the plan and conditions of approval. Any subsequent modification of said plans or conditions of approval shall require submittal and approval of an amended plan in the same manner as required for the original approval.
(Ord. 08-7, 4-8-2008; amd. Ord. 19-4, 8- 27-2019)
10-11A-6: SITE PLAN REQUIRED:
To facilitate evaluation of the potential impact from the zoning of the property and the placement of proposed uses thereon, a site plan showing the area proposed to be included in the zone district, the proposed placement of major buildings and facilities to be located on the site and provisions intended to minimize adverse impacts resulting from the construction or operation of said use shall be provided to the planning commission and city council as part of the submittal materials.
(Ord. 08-7, 4-8-2008; amd. Ord. 19-4, 8-27-2019)
10-11B-1: LEGISLATIVE INTENT; PURPOSE:
The objective in establishing the transferable development rights overlay zone is to provide locations in the city where the right to develop property may be transferred from one property to another. Each property shall be denominated as a sending site (TDR-S) or a receiving site (TDR-R) as set forth herein. The purposes of the TDR overlay zone are to:
A. Allow development to occur on undeveloped property without impacting the capacity of the city's current infrastructure;
B. Discourage development in areas deemed hazardous;
C. Encourage new connections to the city's culinary water and sanitary sewer systems to provide for fees to reduce the city's bonds;
D. Provide a method whereby development rights may be transferred from sending sites to receiving sites in order to accomplish the purposes set forth in subsections A through C of this section. (Ord. 00-9-12-12, 9-12-2000, eff. 10-9-2000)
10-11B-2: TRANSFERABLE DEVELOPMENT RIGHTS; CREATION; SENDING SITES:
A. Creation: Development rights shall be created and transferred only by means of documents, including an easement, which meet the requirements of this article.
B. Eligibility: In order to be eligible to transfer one or more development rights from a parcel of property, such property shall be located in a sending area. The property must be in a recorded subdivision within the current corporate boundaries of the city. The owner of such property shall apply for and receive approval to have the property placed in the TDR overlay zone, pursuant to rezoning procedures set forth in this title.
1. Upon rezoning approval:
a. The property shall be shown on the official zoning map as a sending site by denominating it as a TDR-S overlay zone;
b. A certificate shall be issued to the property owner by the city recorder, pursuant to subsection B2 of this section, indicating the total number of development rights which may be transferred from the property; and
c. The property owner shall be eligible, after complying with subsection B2 of this section, to transfer development rights from the property in accordance with the requirements of this article.
2. No transfer of development right certificate shall be issued, and no development right shall be transferred, unless and until an easement is recorded among the land records of Utah County, as required by section 10-11B-5 of this article on the property from which such right originates.
C. Expiration: If a TDR-S has not been used or renewed, it shall expire five (5) years from the date of approval. (Ord. 00-9-12-12, 9-12-2000, eff. 10-9-2000)
10-11B-3: TRANSFERABLE DEVELOPMENT RIGHTS; RECEIVING SITES:
A. Conditions: In order to transfer one or more development rights to a parcel of property, such parcel shall be located within a receiving area. The property must be within the current corporate boundaries of the city. The owner of such parcel shall apply for and receive approval to have the property placed in the TDR overlay zone pursuant to rezoning procedures set forth in this title. Upon rezoning approval:
1. The property shall be shown on the official zoning map as a receiving site by denominating it as a TDR-R overlay zone;
2. The property owner shall be eligible to transfer development rights to the property in accordance with the requirements of this article;
3. A certificate shall be issued to the property owner by the city recorder indicating the total number of development rights which may be transferred to the property.
B. Expiration: If a dwelling has not been constructed on a TDR-R site or the TDR-R has not been renewed, it shall expire two (2) years from the date of approval.
C. No Density Increase: A TDR-R may not be used to increase the density of a parcel of property beyond what would normally be allowed under the current provisions of this code. (Ord. 00-9-12-12, 9-12-2000, eff. 10-9-2000)
10-11B-4: DEVELOPMENT APPROVAL PROCEDURE:
A. Preliminary Subdivision Plan: A request to utilize development rights on a receiving site shall be in the form of a preliminary subdivision plan submitted in accordance with regulations contained in chapter 15 of this title. When the request is made:
1. The TDR-S certificate shall be submitted to the city to hold until the transfer request is either completed or withdrawn.
2. A temporary notice of interest shall be recorded on the sending parcel stating the right to develop the parcel is in the process of being transferred.
B. Approval By City Council: The city council, after receiving a recommendation from the planning commission, shall approve a request to utilize development rights on a receiving site if the request:
1. Does not exceed the density limitations permitted in this title for the underlying zone;
2. Is in accordance with the provisions of this article;
3. Is in accordance with the subdivision regulations contained in chapter 15 of this title;
4. Is consistent with other recommendations of the general plan; and
5. Achieves a desirable development compatible with both site conditions and surrounding existing and proposed future development.
C. Final Plan: A final plan for a subdivision or a site plan which uses transferred development rights shall contain a statement setting forth the development proposed, the zoning classification of the property, the number of development rights used, and a notation of the recordation of the easement required by section 10-11B-5 of this article.
D. Approval: After the request to transfer a right has been approved by the city council:
1. The city council shall cancel the TDR-S certificate.
2. The city council shall determine if all previously paid impact and hookup fees associated with the sending parcel are transferred to the receiving parcel.
3. The property owner of the receiving parcel shall pay all applicable fees associated with the development. (Ord. 00-9-12-12, 9-12-2000, eff. 10-9-2000)
10-11B-5: EASEMENT REQUIRED:
A. Area Of Easement: An easement shall be established on each sending site from which development rights are transferred.
1. In situations where all development rights attached to a sending site are transferred, the easement shall cover the entire sending site.
2. If only a portion of the development rights attached to a sending site are transferred, the area of the easement shall be the same as the total area of all the lots which could otherwise be established on the site but for the transfer of development rights.
B. Recordable Form; Terms: The easement required by this article shall be in a recordable form approved by the city attorney and shall meet the requirements of Utah Code Annotated section 57-18-1 et seq. The easement shall also include the following terms:
1. The holder of the easement shall be the city;
2. The easement shall require that the property be maintained and kept free of weeds and debris;
3. The easement shall include a reference to the extinguishment of the development rights transferred from the sending site. If additional rights are transferred after the recordation of an easement, the easement shall be amended to reflect the extinguishment of those additional rights and shall be recorded thereafter;
4. The easement shall include a reference to any impact or hookup fees which were transferred with the development right;
5. All parties who have a declared interest in the property, recorded on the books of the Utah County recorder, must consent to the granting of the easement. (Ord. 00-9-12-12, 9-12-2000, eff. 10-9-2000)
10-11B-6: COORDINATION WITH OTHER PROVISIONS AND PROCESSES:
A. Review Necessary: If subdivision review and approval is necessary, review of an application under this article shall be carried out simultaneously, and under the same application, referral, notice and public hearing procedural requirements as is provided for site plan review as set forth in this title.
B. Conditional Use Permit: In cases where a conditional use permit is required for a proposed use, review of an application under this article shall be carried out simultaneously with the conditional use permit review as set forth in this title. (Ord. 00-9-12-12, 9-12-2000, eff. 10-9-2000)
10-11C-1: LEGISLATIVE INTENT:
Clustering of lots on the flatter terrain and preserving open space is a priority of the general plan. A hillside cluster overlay development can allow for more density by allowing smaller lots on the flatter terrain in return for more open space and amenities that preserve unique and steep terrains and add usable open space amenities to the city. (Ord. 08-5, 2-26-2008)
10-11C-2: ZONE REQUIREMENTS:
Developments in utilizing the overlay zone are required to adhere to the underlying zone requirements, gain council approval, and be larger in scale. (Ord. 08-5, 2-26-2008)
10-11C-3: HILLSIDE RESIDENTIAL 1 ZONE REQUIREMENTS:
All developments utilizing the hillside cluster overlay zone must also adhere to the requirements of the hillside residential 1 (HR-1) zone as well as other codes applicable citywide. Exceptions include the requirements listed in the hillside cluster overlay zone. These include lot size, lot slopes, and building envelope setbacks. (Ord. 08-5, 2-26-2008)
10-11C-4: OVERLAY ZONE APPROVAL:
Use of the hillside cluster overlay zone must be approved by the city council. If an applicant is denied the use of the overlay zone, the development will revert back to the underlying HR-1 zone requirements. It shall be the city council's sole discretion to decide if a project should be allowed to use the hillside cluster overlay within the intent of the ordinance as noted above. (Ord. 08-5, 2-26-2008)
10-11C-5: MINIMUM DEVELOPMENT SIZE:
A cluster development must include twenty (20) or more acres. The development may include multiple phases to achieve the twenty (20) acres required. (Ord. 08-5, 2-26-2008)
10-11C-6: OVERALL DENSITY:
The density for a development shall conform to the base density of the HR-1 zone of forty thousand (40,000) square foot lots. (Ord. 08-5, 2-26-2008)
10-11C-7: SUBDIVISION DESIGN REQUIREMENTS:
When developing a cluster development the following should be considered. (Ord. 08-5, 2-26-2008)
10-11C-7-1: LOT SIZE:
The minimum lot size shall be one-half (1/2) acre. One acre lots and larger are not allowed within a cluster development. Larger size lots must be a part of a separate plat outside of the cluster development and follow the requirements of HR-1 zone forty thousand (40,000) square foot lot developments. (Ord. 08-5, 2-26-2008)
10-11C-7-2: CLUSTERING:
The purpose of clustering is to allow smaller lots on flatter terrain surrounded or interspersed by open space. The planning commission can deny a cluster development if it is not demonstrated that the intent of the overlay zone is being met. (Ord. 08-5, 2-26-2008)
10-11C-7-3: LOT SLOPES:
All lots within a cluster development must be platted on land with the current natural slopes under twenty percent (20%). A clustered lot can include up to ten percent (10%) of the total area incidental slopes of twenty percent (20%) or greater. The planning commission must approve their inclusion. Their finding should be that including these slopes would be more consistent with the intent of this article rather than requiring them as open space. (Ord. 08-5, 2-26-2008)
10-11C-7-4: BUILDING ENVELOPE:
The building envelope location within a lot should conform to the natural terrain and remain within the flattest areas of the lot. This area could be considerably smaller than the lot to accomplish this requirement. The minimum building envelope size is four thousand (4,000) square feet. The front, side and rear setback requirements still must be met. (Ord. 08-5, 2-26-2008)
10-11C-7-5: LOT FRONTAGE:
Frontage along a city street shall be a minimum of one hundred ten feet (110'). (Ord. 08-5, 2-26-2008)
10-11C-7-6: FRONT SETBACK:
All dwellings and other main buildings shall be set back not less than thirty feet (30') from the front lot line which abuts on any existing or proposed public street right of way. (Ord. 08-5, 2-26-2008)
10-11C-7-7: SIDE SETBACK/INTERIOR LOTS:
All dwellings and other main buildings, including any attached garage or similar structure, shall have side setbacks of fifteen feet (15') or greater from any side property line not abutting a street. (Ord. 08-5, 2-26-2008)
10-11C-7-8: SIDE SETBACK/CORNER LOTS:
All dwellings and other main buildings, including any attached garage or similar structure, shall have side setbacks of fifteen feet (15') or greater on the side not abutting any existing or proposed road, and shall have a side setback of thirty feet (30') or greater on the side which abuts on any existing or proposed road. (Ord. 08-5, 2-26-2008)
10-11C-7-9: REAR SETBACK:
All dwellings or other main buildings shall be set back thirty feet (30') or greater from the rear lot line. On corner lots for a garage that is attached to the rear of the dwelling, the required rear setback for the garage may be reduced to fifteen feet (15') or greater from the rear lot line. No living area can be included within the garage footprint in this reduced area. (Ord. 08-5, 2-26-2008)
10-11C-7-10: LOT REQUIREMENT TABLE:
Lot size | 20,000 to less than 40,000 square feet | |
Lot frontage | 110 feet | |
Front setback | 30 feet | |
Front exception | 20 feet | |
Side setback | 15 feet | |
Rear setback | 30 feet | |
Building envelope | 4,000 square feet minimum |
(Ord. 08-5, 2-26-2008)
10-11C-7-11: OPEN SPACE REQUIREMENT:
It shall be required that at least forty percent (40%) of a cluster development be dedicated as open space. Open space cannot be a part of individual lots. Ravines, drainages, ridgelines, fault lines, unstable soils, and wildlife habitat corridors all must be included within open space areas. All slopes of twenty percent (20%) or greater (unless approved by the planning commission to be included as part of a lot) must be included within open space areas. Unique land features could require more than forty percent (40%) of the development be dedicated as open space. (Ord. 08-5, 2-26-2008)
10-11C-7-12: CUL-DE-SAC LENGTH:
All cul-de-sacs shall conform to section 10-15C-5, "Cul-De-Sacs", of this title. (Ord. 16-2, 8-23-2016)
10-11C-8: BONUS DENSITY FOR AMENITIES:
Additional density up to thirty percent (30%) of the base density can be allowed in return for amenities. The planning commission shall determine what percentages to allow for the types of amenities proposed. (Ord. 08-5, 2-26-2008)
10-11C-8-1: FLATTER OPEN SPACE:
Up to ten percent (10%) additional density can be allowed for providing natural open space areas on terrain on slopes under fifteen percent (15%). This type of open space shall include a trail system. (Ord. 08-5, 2-26-2008)
10-11C-8-2: PARK SPACE:
Up to ten percent (10%) additional density can be allowed for providing park space. This space shall intersperse the natural terrain with grass areas. Amenities in the park can include play areas, fields, trails, benches, picnic areas, pavilions, or gazebos. The planning commission shall determine the appropriate mix of park amenities. (Ord. 08-5, 2-26-2008)
10-11C-8-3: DEVELOPMENT THEME:
Up to ten percent (10%) additional density can be allowed for providing a development theme. This can include upgraded signage, special curb, trail, or sidewalk treatments, entrance monuments, or other proposed enhancements. (Ord. 08-5, 2-26-2008)
10-11C-8-4: AREA OF DWELLINGS:
For dwelling size requirements, see supplemental regulations, section 10-12-41 of this title. (Ord. 12-8, 12-11-2012)
10-11D-1: FINDINGS:
The city council of Elk Ridge hereby finds that senior housing is a necessary component of a well rounded and sustainable community. Further, the council hereby finds that current demographic trends indicate a substantial increase in the aging population and the city deems it necessary and desirable to address such trends by providing proper housing to give seniors the opportunity to socialize with one another and engage in minimal or no individual yard care by providing for development of planned units with professional maintenance of common areas in a parklike setting. Carefully planned developments shall enhance the beauty of Elk Ridge. (Ord. 08-8, 5-27-2008, eff. 6-17-2008)
10-11D-2: ELDERLY/SENIOR DEFINITION:
Housing that meets the fair housing act definition of housing for older persons including housing specifically designed for and occupied by elderly persons under a federal, state, or local government program; or housing that is occupied solely by persons who are sixty two (62) or older; or housing that has at least one person who is fifty five (55) or older in at least eighty percent (80%) of the occupied units and adheres to a policy that demonstrates intent to house persons who are fifty five (55) or older. For compliance with this zone, the sixty two (62) or older rule shall be used. (Ord. 08-8, 5-27-2008, eff. 6-17-2008)
10-11D-3: PURPOSE:
The purpose of the senior housing overlay zone is to promote the public health, safety and welfare by allowing increased land use flexibility through specialized zoning techniques to assure that senior citizens can continue to contribute to the community without having heavy yard care maintenance and without ignoring legitimate concerns regarding impacts on surrounding residential areas. (Ord. 08-8, 5-27-2008, eff. 6-17-2008)
10-11D-4: OVERLAY ZONE CREATED:
To further the purposes stated herein, there is hereby established a senior housing overlay zone within the city of Elk Ridge in the R-1-12,000 and R-1-15,000 zones. In considering a request to rezone a parcel as a senior housing overlay zone, the planning commission and city council shall consider the following:
A. The harmony and compliance of the proposed location of the overlay zone with the objectives and requirements of the city general plan and zoning ordinances;
B. Whether or not the application of the overlay zone may be injurious to potential or existing development within the vicinity;
C. The current development or lack of development adjacent to the proposed location and the harmony of the proposed location with the existing uses in the neighborhood;
D. The proposed location is in proximity to the arterial or major collector streets;
E. The senior housing overlay zone can only be applied within the R-1-12,000, R-1-15,000 zones;
F. The compatibility of the proposed location of the overlay zone with the density analysis of the underlying zone and neighboring development;
G. The economic impact of the proposed facility or use on the surrounding area;
H. A demonstrable need for senior housing in the area of the proposed location.
It shall be the city council's sole discretion to decide if a project should be allowed to use the senior housing overlay within the intent of this article as noted above. (Ord. 08-8, 5-27-2008, eff. 6-17-2008; amd. Ord. 10-1, 1-26-2010, eff. 2-11-2010)
10-11D-5: USES:
The following uses shall be permitted in the senior housing overlay zone containing one or a combination of both:
Accessory apartments are not permitted in the senior housing overlay zone.
Home occupations shall be permitted.
Single or attached dwellings (not more than 2 attached) intended to be used as senior housing as defined herein by older or elderly persons using the allowed definition of sixty two (62) years old or older. Also, caregivers eighteen (18) years old and older can reside with the elderly person. (Ord. 08-8, 5-27-2008, eff. 6-17-2008)
10-11D-6: UNDERLYING ZONE DEVELOPMENT STANDARDS AND REGULATIONS:
All uses within the senior housing overlay zone shall be conducted within buildings that conform to the requirements of the underlying zone unless specifically specified within the senior housing overlay zone code. (Ord. 08-8, 5-27-2008, eff. 6-17-2008)
10-11D-7: OVERLAY ZONE DEVELOPMENT STANDARDS AND REGULATIONS:
The following development standards and regulations shall apply to all developments within the senior housing overlay zone:
A. Parking: Parking for the senior housing overlay zone will be a minimum of two (2) parking spaces per dwelling; additional parking will be determined by specific review by the planning commission.
B. Private Building Lots To Conform To Building Footprint: Developments shall have the private building lots conform to the building footprint of each unit. An area behind each unit can be included within the private lot area to allow for a private patio area, garden plot, etc. The planning commission must approve the size of this area. Their finding shall recognize the intent of the zone, being for senior housing, and keep the patio/garden area size to a minimum.
C. Setback: Setback from main private building lot:
Front setback | = | 25 feet to road right of way |
Side setback | = | 20 feet to neighboring building lot |
30 feet to a neighboring development | ||
25 feet to road right of way (corner lot) | ||
Rear setback | = | 30 feet |
D. Minimum Acreage: Minimum acreage for a senior housing project shall be one acre and the maximum project area is six (6) acres.
E. Density: The maximum dwelling units per acre shall be four (4) with the total units allowed in a development being twenty four (24).
F. Maintenance: Professional maintenance must be provided.
G. Restrictive Covenants: The developer of a development within the senior housing overlay zone shall be required to establish restrictive covenants to limit occupancy to elderly persons, and their caregivers eighteen (18) years old and older, and to carry out the conditions of the permitted uses and to assure that the uses approved for the development will be maintained. In addition the covenants must also include professional maintenance for the development. Such covenants shall be recorded to run with the land to ensure against conversion to less desirable land uses.
H. Architectural Character: The planning commission may request the use of an architectural style, exterior color, or material that would be most compatible with the purpose of the underlying zone district, assure greater compatibility with surrounding development, or create an aesthetically pleasing visual theme for the project.
I. Landscaping: Adequate landscaping shall be designed. Landscaping shall be of the same general character or better as yards in the neighborhood. Not less than thirty percent (30%) of the project shall be landscaped for the use and benefit of the residents. Land proposed to be used for parking, pedestrian walkways, and driveways shall not be included in meeting this landscaping requirement. A complete landscaping plan shall be provided at the time of preliminary review of the project showing a minimum of two (2) trees with a caliper of two inches (2") and ten (10) 1-gallon shrubs per dwelling unit.
Areas of the development that have steeper slopes (over 10 percent) with native hardwood trees shall be included within the overall landscaping plan to preserve this natural feature and to continue to stabilize the slope. The planning commission can require additional plantings of native hardwood trees to aid in stabilization.
J. Fencing: Fencing can be included surrounding the development, but the planning commission must approve the type and location. Fencing on steeper slopes should be avoided.
K. Development Grades: Since the development is for senior living, road, driveway, and usable open space areas shall be designed with gradual slope. No road, driveway, sidewalk, or trail shall have a grade over six percent (6%).
L. Development Amenities: Senior housing overlay zone developments shall include enhancement amenities that can include pocket park, trail or walking path, finish garden area, benches, picnic or pavilion area, central barbecue, upgraded signage and street furniture, ornamental yard pole lighting, entrance monuments and gates (gates cannot be closed across a public street, but can be permanently secured open as an entrance feature). The decision of what amenities to include shall be negotiated between the developer, the planning commission, and the city council. (Ord. 08-8, 5-27-2008, eff. 6-17-2008)
10-11D-8: COMPLIANCE WITH SUBDIVISION PROCEDURE:
All proposed development within the senior housing overlay zone shall be reviewed and approved in accordance with the city of Elk Ridge subdivision ordinance and with the following additions for concept approval:
A. Once the planning commission has given a recommendation of the applicant's concept plan and the proposed zone change, the concept plan and zone change will be forwarded to the city council for review. After the city council reviews the concept plan, if the applicant chooses to continue the project the applicant will continue the planning process in accordance with the city of Elk Ridge subdivision ordinance. The planning commission shall continue to move forward with the applicable general plan and zone change. The actual general plan and zone change will coincide with city council's approval of the final plat. (Ord. 08-8, 5-27-2008, eff. 6-17-2008)
10-11D-9: COMPLIANCE WITH OVERLAY ZONE:
All proposed development within the senior housing overlay zone shall go through the general plan and zone change process to have the property zoned for the senior housing overlay zone. The planning commission will review the proposed zone change along with the concept plan and send a recommendation to the city council. (Ord. 08-8, 5-27-2008, eff. 6-17-2008)
10-11D-10: DEVELOPER'S AGREEMENT:
All developments in senior housing overlay zone shall have a developer's agreement outlining the terms and conditions of approval. (Ord. 08-8, 5-27-2008, eff. 6-17-2008)
10-11F-1: INTENT; APPLICATION:
Planned mountain home developments may be constructed in those zones in which they are specifically listed as a conditional use, subject to compliance with the following conditions and procedures. (Ord. 10-3, 1-26-2010, eff. 2-11-2010)
10-11F-2: PERMITTED USES:
The following buildings, structures and uses of land may be permitted within an MHD:
Access streets and roads, water and sewer systems and facilities, picnic areas, corrals and similar common recreation areas and facilities for the use and enjoyment of the members of the development.
Any use permitted in the CE-2 zone.
Walls, fences. (Ord. 10-3, 1-26-2010, eff. 2-11-2010)
10-11F-3: PLANNING AND DOCUMENTATION:
Review and approval of a proposed project by the city shall be carried out through the submission of a preliminary and final application as follows:
A. Preliminary Application And Plan:
1. The preliminary application and plan for approval of a planned mountain home development shall contain:
a. A preliminary layout plan showing:
(1) The proposed layout of the project, including the location of each development cluster area and each existing and proposed lot or building site within the cluster;
(2) Common areas and facilities;
(3) Areas to be designated for open space;
(4) Roads and travelways;
(5) Location and size of existing and proposed water lines and other utility facilities and the easements appurtenant thereto.
b. A contour map of the proposed project area.
c. Profile and cross sections of existing and proposed streets and travelways.
d. A statement indicating the availability of water rights (private systems only).
e. A preliminary statement of approval of the proposed water and sewer facilities.
f. Preliminary copies of proposed organizational documents and open space preservation agreement.
g. Such other materials as may be reasonably required by the planning commission.
2. The layout plan and supplementary materials shall be prepared in substantial compliance with the standards required for a preliminary plan of a subdivision.
B. Final Plan:
1. The application and plan for final approval of the project shall contain the following:
a. A final layout plan (final plat) showing:
(1) The boundaries of the project;
(2) The boundary of each development cluster;
(3) The location of each lot or building site;
(4) The location of all areas proposed for use as common areas and open space areas;
(5) The location of all building setback lines; and
(6) The location of all utility and travel easements.
b. Final copies of organizational documents and open space preservation agreement.
c. Copies of water rights documents.
d. Evidence of approval of the water system plan by the state health department.
e. Estimates of the cost of constructing the required improvements and a bond guaranteeing the installation of the required improvements. The content of the estimates and bond shall be the same as required under the city subdivision ordinance.
f. Evidence of approval of the sewage disposal facilities by the city-county health department.
2. The final layout plan required hereunder shall be considered as the final plan of the project and shall be prepared in accordance with the requirements for a final plat of a subdivision and be suitable for recording in the office of the county recorder.
3. In the instance of a development where building sites are to be held in common ownership, the individual building sites within a cluster shall be identified on the final plan, but need not be individually described. In such instance, each development cluster shall be described and shall be considered as a separate parcel.
4. Upon final approval by the city council the final plat, describing the outer boundary of the project, the boundary of each development cluster, each lot within the cluster (where individual lots are to be sold), the designated open space areas and all parcels and easements for roads and other common purposes shall be recorded in the office of the county recorder. (Ord. 10-3, 1-26-2010, eff. 2-11-2010)
10-11F-4: PROCEDURE FOR APPROVAL:
The procedure to be followed in securing approval of a large scale development project shall be as follows:
A. Acquire Submission Materials: Any person desiring to undertake a large scale development project within the city shall first acquire copies of the relevant application materials and regulations relating to the type of large scale development proposed for development. The purpose of this requirement is to ensure that the developer is fully aware of the approval procedure, 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 planning commission, or their designated representatives, where applicable:
a. A sketch plan and general written description of the project.
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 and in a form which will facilitate the required reviews and action by the planning commission and other approval agencies.
3. Members of the planning commission or the designated representative may suggest changes in the proposed layout or other materials in order that the project may be more fully consistent with the city's general plan and also with the city's development regulations and policies.
4. The sole purpose in holding the conference shall be to aid the developer in the preparation of his plans and documents. In no way shall the conference or any of the suggestions made therein be construed to constitute approval of the plan or a waiver of compliance with any requirement of this development code.
C. Developer Prepares And Submits Preliminary Plans And Documents:
1. Following the preapplication conference, the developer shall prepare and submit the required preliminary plans and documents to the planning commission or its designated representative. The materials submitted shall include:
a. Copies of all required preliminary plans, documents and statements.
b. Evidence of payment of the required review fee.
c. Evidence of compliance with the water rights conveyance requirements of this development code.
2. The number of copies of application materials, time of submittal prior to meetings, place of delivery and other particulars relating to the application process shall be as determined, from time to time, by the planning commission.
3. All submissions shall be prepared in accordance with city standards. In order for the development to be placed on the agenda, all plans, documents and submittals must be submitted to the planning commission office in accordance with the submittal procedures in effect at the time of the request.
D. Planning Commission Review; Action; Public Hearing:
1. The planning commission shall review the preliminary plans, documents and submittal materials and shall advertise and hold a public hearing on the proposed project. The hearing shall be called, noticed and conducted by the planning commission in accordance with current law. Following the public hearing, the planning commission shall act to approve or disapprove the proposal, approve it subject to modification, or table action subject to modification.
2. Approval by the planning commission shall not constitute approval of the project but shall be deemed as a finding that the project plan and documents conform with the minimum requirements and intent of the development code provisions relating to the specific project and a recommendation to the city council regarding approval of the proposed project.
E. City Council Review: The city council shall review the preliminary plans, documents and submittal materials, as recommended by the planning commission, and shall issue a decision regarding approval.
F. City Council Action:
1. Determination:
a. Following the public hearing, the city council shall act upon the preliminary plans, documents and submittal materials to approve, disapprove, or approve subject to modification. If disapproved, no further action is required. If approved subject to significant modification, the plans, documents and submittal materials shall be returned to the planning commission with instructions that the developer modify the plans and/or documents in accordance with required changes and to resubmit the modified proposal to the planning commission for its further review and recommendation.
b. If approved or approved with incidental modification, the preliminary plans and documents shall be returned to the planning commission with instruction to authorize the developer to proceed to prepare and submit the final plans and documents through the planning commission.
2. Project Vested Upon City Council Motion: Upon passage of a motion by the city council to approve the preliminary plans and documents, the project shall be considered to have vested and the city shall be committed to grant final approval of the final plans and documents, subject to compliance with all procedures, standards, requirements and any conditions attached to said approval related to the applicable large scale development.
3. Validity: Approval of 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 city council, subject to the prior recommendation of the planning commission. Any extension of time shall be officially requested in writing, and submitted to the planning commission office thirty one (31) days prior to the end of the twelve (12) month preliminary approval period.
4. Final Approval Prior To Construction: No construction shall be permitted until final approval of the development has been obtained from the city council, in accordance with the following provisions.
G. Final Plats, Plans And Documents:
1. After receiving preliminary approval from the city council, the developer shall prepare and submit to the planning commission:
a. Application for final approval.
b. A reproducible tracing suitable for recording, where applicable.
c. Copies of the final plat, plans, documents, statements and engineering drawings.
d. An itemized estimate of the cost of constructing the required improvements.
e. Evidence of payment of review and recording fee.
f. Documents conveying evidence of compliance with water rights requirements of the city.
2. The number of copies for each of the above items shall be as determined, from time to time, by the planning commission.
3. All submissions shall be prepared in accordance with city standards. In order for the development to be placed on the agenda, the final plans, plat and documents must be submitted to the planning commission office in accordance with the submittal procedures in effect at the time of the request.
H. Planning Commission Acts On Final Plat, Plans, Documents And Statements:
1. When the plans, plat, 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 with the conditions of the preliminary approval.
b. The final plat complies with the requirements and standards relating to the applicable type of large scale development.
c. The dedications, documents and statements comply with the standards relating to mountain home development zone.
d. The estimates of cost of constructing the required improvements are acceptable.
e. Tax liabilities of the common open space (wherever a development involves the reservation of common open space) have been determined.
f. The proposed performance guarantee is in accordance with the provisions of chapter 16 of this title and is in an amount sufficient to cover the cost of the outstanding required improvements.
2. Upon a finding of approval, the planning commission chair shall be authorized to sign required final plats.
I. Developer Submits Performance Guarantees: Upon approval of the final plat by the planning commission, the applicant shall proceed to make arrangements suitable to the city for posting a bond or other financial assurance guaranteeing construction of all uncompleted required improvements. Said performance guarantee shall be in conformance with the provisions of chapter 16 of this title.
J. City Council Acts On Final Plans, Plats And Documents:
1. After the planning commission has approved the final plans, plats, documents and other materials, a copy of the same shall be submitted to the city council for its approval. The city council will review said materials and also the proposed performance guarantees and, subject to a properly presented motion, may approve said plans; execute all appropriate documents, agreements and final plats; and accept all public dedications.
2. Final approval shall be by adoption and publication of an "ordinance of approval" by the city council. The ordinance of approval shall identify the territory included in the project and shall incorporate, by reference, all applicable documents and materials.
3. Upon adoption and publication of the ordinance of approval, the ordinance, together with the referenced plats, documents and materials shall be considered as an amendment of the official zone map and constitute the specific lot area and width, setback, access and similar requirements applicable to the project area.
K. City Records Plats And Documents: Upon acceptance of the performance guarantees, compliance with any conditions of approval, receipt of all executed documents and passage and publication of the amending ordinance, the city shall record, or cause to be recorded, all final plats, documentation and agreements in the office of the county recorder and shall notify the developer to proceed with construction.
L. Amendments: The plans, plats, documents and statements may be amended by following the same procedure required for initial approval. No change shall be made which is contrary to the intent of the city land use plan or the standards and requirements of this development code. Any amendment of a recorded final plat which also qualifies as a subdivision (division of the property into 2 or more separate parcels) shall not be approved or recorded until the existing recorded plat has been amended in accordance with the then applicable requirements and procedures for amendment of subdivision plats. (Ord. 10-3, 1-26-2010, eff. 2-11-2010)
10-11F-5: DENSITY:
The maximum number of lots or dwelling sites permitted within a proposed mountain home development shall be as determined by the planning commission, upon a detailed slope analysis of the proposed project area, in accordance with the following schedule:
Percent Of Slope | Density |
0 percent to 15 percent | 1 lot per acre |
15 percent to 30 percent | 1 lot per 10 acres |
30 percent and greater | 1 lot per 20 acres |
(Ord. 10-3, 1-26-2010, eff. 2-11-2010)
10-11F-6: MINIMUM PROJECT AREA:
The minimum base area required to qualify for a planned mountain home development project shall be one hundred (100) acres. (Ord. 10-3, 1-26-2010, eff. 2-11-2010)
10-11F-7: DWELLING CLUSTERS:
A. Location: All lots and all designated dwelling sites (for projects where the building area is to be retained in common ownership) 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 building sites (except for developments having fewer than 5 building sites for the entire development).
B. Area: Each individual lot or designated dwelling site shall contain an area not less than twenty thousand (20,000) square feet or more than two and one-half (21/2) acres.
C. Buildable Area:
1. Each individual lot or building site shall contain at least one area of not less than four thousand (4,000) square feet which qualifies as a "buildable area", as defined in section 10-2-2 of this title. The location of each buildable area shall be designated on the preliminary and final plans for the project (designated buildable area) and a notation placed on the recorded plat that all main and accessory buildings shall be located within the designated buildable area.
2. For purposes of compliance with this subsection, the designated buildable area shall be determined based on its current natural state. No portion of any designated buildable area shall contain territory which has been subject to artificial grading or which requires grading in order to comply, except the city council, with the prior recommendation of the planning commission, may approve minor inclusions of incidental areas having a slope of twenty percent (20%) or greater as part of the designated buildable area upon a finding that the requested area comprises an incidental part of the lot and that the inclusion of the area will not be inimical to the intent of the standard or the purpose of the zone.
D. Access: Each lot or building site shall abut upon and have direct access to a city street or designated private travel way. The distance of the abutting side shall be not less than one hundred feet (100'), except that the length of the abutting side may be reduced to not less than seventy feet (70') in instances where the lot fronts upon a cul-de-sac or sharp curve and the side lot lines radiate in such a manner that the width of the lot measured at a point not less than forty feet (40') from the front lot line will meet the minimum width requirements of this section.
E. Setback: Each dwelling in the project shall be set back from the lot boundary line in accordance with the setback line as shown on the approved plat, except that where the dwelling sites are to remain in common ownership and no setback lines are shown on the plan, no portion of any occupied structure shall be located closer than eighty feet (80') to another occupied structure.
F. Slope: Up to ten percent (10%) of the area of a lot or building site may consist of territory having a slope in excess of thirty percent (30%), as shown on the slope analysis map. (Ord. 10-3, 1-26-2010, eff. 2-11-2010)
10-11F-8: STREETS AND TRAVELWAYS:
A. Access: Each development cluster and each lot or designated dwelling site within a development cluster shall front upon and have direct access to a designated city street or a private vehicular travelway. Where access is to be provided over a private travelway, ownership of said travelways shall be held by the homeowners' association from the point of connection to an existing public street and throughout the project area.
B. Improvement Required: 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 vehicular travelways intended to remain in private ownership shall be improved in accordance with city standards for mountain home developments.
C. Road Slope: No street shall have a grade of more than eight percent (8%), except that the planning commission may approve up to a ten percent (10%) grade for short straight stretches of roadway under three hundred feet (300') in length. The commission must conclude that the eight percent (8%) standard would result in undesirable extra earthwork or circuitous routes and that the proposed steep grade section will not result in the establishment of a hazardous condition. It is the responsibility of the developer to present evidence that the additional allowance in grade is desirable. The city engineer and fire chief shall provide recommendation regarding hazardous conditions and any other concerns on the proposed steep grade sections. It must also be demonstrated that for dead end or temporary stubbed streets constructed on grades over eight percent (8%), that the road shall not be constructed in a manner that would make adjacent future development be out of compliance with the three hundred foot (300') requirement.
D. Slope: No street or travelway providing access to a development cluster shall be constructed in a location or in such a manner which results in the creation of a slope face exceeding the critical angle of repose or a disturbed cross section which exceeds the cut and fill slope standards for streets in the city. Any driveway providing access to a buildable area shall have a slope of not more than twelve percent (12%) and shall not result in any cut or fill slopes greater than seven feet (7'). Any cut or fill between five (5) and seven feet (7') shall be subject to planning commission and city council review.
E. Stabilization And Revegetation: All disturbed cut and fill slope areas shall be stabilized and revegetated. The submittal materials for any planned mountain development project shall include a detailed revegetation plan showing the intended revegetation treatment for all cut and fill slope areas and the performance guarantees amounts shall include the cost of revegetation. (Ord. 10-3, 1-26-2010, eff. 2-11-2010)
F. Continuous Circulation; Cul-De-Sacs: To the maximum extent possible, the design of the road/travelway system shall provide for continuous circulation throughout the project. Cul-de-sacs (dead end roads) shall be allowed only where unusual and extenuating circumstances exist. All cul-de-sacs shall conform to section 10-15C-5, "Cul-De-Sacs", of this title. (Ord. 16-2, 8-23-2016)
G. Easement: An easement granting the city the right of access upon all private travelways for city purposes shall be provided. (Ord. 10-3, 1-26-2010, eff. 2-11-2010)
10-11F-9: WATER:
A. Each lot or building site shall be served by the city water system; provided, that the city may approve the use of a private system upon a finding that connection to the city system is not reasonably feasible and that such proposed private system will conform to the standards of a public water system and be approved by the state health department.
B. Where a private system is to be used, documentation shall be submitted with the application showing that the water supply shall be from a source capable of providing an adequate flow to meet the needs of all lots or building sites shown on the final plat and that the collection works, storage reservoirs and distribution line shall be sufficient in size to provide a volume of flow and level of pressure adequate for both culinary and fire protection in accordance with that document entitled "Wildfire Hazards And Residential Development" hereinafter adopted.
C. Where the requirements of the standards, relating to storage and flow for firefighting purposes, adopted pursuant to section 10-11F-15 of this article, are at variance with the provisions of the city's fire code, the provisions adopted by this article shall prevail.
D. Where a private water system is proposed, satisfactory evidence of an entitlement to a permanent year round right to the use of water in an amount adequate for all lots or building sites proposed for final approval shall be submitted with the application. (Ord. 10-3, 1-26-2010, eff. 2-11-2010)
10-11F-10: SEWAGE DISPOSAL:
Each lot or dwelling site shall be served by a central sewage collection and disposal system. (Ord. 10-3, 1-26-2010, eff. 2-11-2010)
10-11F-11: FIRE PROTECTION:
A. Spacing: Fire hydrant spacing shall conform to the standards adopted pursuant to section 10-11F-15 of this article, except that in no case shall a lot or dwelling site be more than two hundred fifty feet (250') from the closest hydrant.
B. State Recommendations: The proposed plan shall, to the maximum extent practicable, incorporate the recommendations of the state department of natural resources as contained within the document adopted under section 10-11F-15 of this article. (Ord. 10-3, 1-26-2010, eff. 2-11-2010)
10-11F-12: OPEN SPACE:
A. Required: All areas of the project not included within lots or building sites, used for roads or travelways and developed common facilities shall be designated as common open space for the use and enjoyment of the occupants of the development.
B. Preservation Agreement: To assure that the designated open space area will remain as open space, the applicants/owners shall execute an open space preservation agreement with the city in which the owner agrees to refrain from excavating, making additional roadways, installing additional utilities or constructing any dwellings or other structures within the designated open space area without the prior approval of the city.
C. Included Area: The designated open space area shall include and contain all 100-year floodplain areas, defined floodways, all avalanche and rock fall hazard areas, all areas having a slope of thirty percent (30%) or greater (except those portions included as part of a lot pursuant to section 10-11F-7 of this article), or any other area of known significant physical hazard for development. (Ord. 10-3, 1-26-2010, eff. 2-11-2010)
10-11F-13: IMPROVEMENTS:
A. Required; Minimum Standards: The following improvements shall be constructed in all developments. All required improvements shall meet minimum city standards and any such improvements not in place prior to the approval of the final plat by the city council shall be installed by the developer prior to the October 1 next following the date of final plat approval; provided, however, that upon a showing of good and sufficient cause (i.e., lateness of the final approval date, unexpected delays, etc.), the city council may extend the date of completion or authorize a longer period of time for completing construction of part or all of the uncompleted improvements to a date not more distant than July 1 of the next succeeding year.
B. Performance Guarantee: A performance guarantee securing the installation of all required improvements which have not been completed and accepted by the city council prior to final plat approval shall be required as a condition of final plat approval. The performance guarantee shall be in accordance with the provisions of chapter 16 of this title.
C. Included Minimum Improvements: The minimum improvements shall include:
1. Streets and travelways, and including provisions for stabilization and revegetation of cut and fill slopes.
2. Water and sewerage mains and facilities.
3. Fire hydrants.
4. Any required drainage or flood control structures.
5. Any required restoration of cut and fill slopes.
6. The costs of installing landscaping and common facilities within any common open space area.
7. Secondary irrigation water system. (Ord. 10-3, 1-26-2010, eff. 2-11-2010)
10-11F-14: DOCUMENTATION:
The following documents and statements shall be submitted as part of the application for approval:
A. Organizational documents (articles of incorporation, bylaws, etc.).
B. Open space preservation agreement.
C. Letters or other statements from health authority regarding approval of water and sewer systems.
D. Water rights documents, service agreements from water company, as applicable.
E. Conveyance to city of right of access on private travelways for city purposes. (Ord. 10-3, 1-26-2010, eff. 2-11-2010)
10-11F-15: REVIEW GUIDELINES AND STANDARDS ADOPTED:
In conducting its review, the planning commission and the city council shall be guided by the terms of this title and the recommendations contained within that certain document entitled "Wildfire Hazards And Residential Development" as prepared by the state department of natural resources, 1986 printing, which document is by this reference adopted for use by the city; and also the terms and conditions set forth under the urban/wildland interface ordinance (see title 9, chapter 3 of the city code). (Ord. 10-3, 1-26-2010, eff. 2-11-2010)
10-11F-16: AREA OF DWELLINGS:
For dwelling size requirements, see supplemental regulations, section 10-12-41 of this title. (Ord. 12-8, 12-11-2012)