Each Master Planned Community Zone (MPC Zone) is intended to allow a master planned, architecturally designed development where customized zoning requirements apply in order to permit flexibility and innovation in a large-scale site development. Each MPC Zone will be developed in accordance with an approved plan and master development agreement, and in compliance with the city's land use ordinances that are not in conflict with the approved master development agreement and with the general requirements outlined herein. It is anticipated that this zone will be used for multi-family, mixed use, and varied density for residential developments and also for certain commercial developments.

(Ord. 2022-007, passed 9-13-2022)

   (A)   An MPC zone shall only be established with the concurrent approval of a development agreement.

   (B)   The form to be used for the development agreement is attached to Ordinance 2022-007 as Appendix A, made available in the City Recorder’s office.

(Ord. 2022-007, passed 9-13-2022)

   Each MPC Zone shall be at least ten acres. Parcels must form one contiguous area and cannot be bisected except by a public right-of-way, easement, or natural barrier.

(Ord. 2022-007, passed 9-13-2022)

   A minimum of 20% to a maximum of 50% open space shall be provided in each MPC Zone to include natural maintained choice open space or improved parks as approved by the City Council. Open space that is unbuildable because of slope or contamination shall not be considered as open space.

   (A)   Detention basins may count as open space only if they provide recreational amenities, including but not limited to: playgrounds, gazebos, exercise stations, or sports fields with parking lots.

   (B)   Park strips, curb, gutter, sidewalks, and publicly dedicated streets shall not count as open space.

   (C)   A method approved by the City Council to maintain open space shall be established prior to the approval of the MPC Zone. Preservation, maintenance, and ownership of required open spaces within the MPC Zone may be accomplished by any of the following:

      (1)   Dedication of the land to the city as a public park or trails system.

      (2)   (a)   Granting to the city a permanent open space easement on or over any privately-owned open space to guarantee that the open space remains perpetually in recreational use, with ownership and maintenance being the responsibility of the owner of a Home Owner's Association (HOA) established by bylaws which are satisfactory to and approved by the city.

         (b)   1.   The city may provide temporary approval for an HOA for an initial one year probationary period, during which time the City Council may monitor the effectiveness of the HOA.

            2.   If at the end of the one year probationary period, it is determined by the City Council that the HOA is unable or unwilling to meet the requirements established by the city in maintaining the open space or within the bylaws established for the HOA, the city may terminate its approval of the HOA and create a special assessment area that covers the landowners within the MPC Zone for the purposes of financing the costs of improvements, operations, and maintenance of the open space areas.

      (3)   The city may, at their discretion, create a special assessment area that covers landowners within the MPC Zone to provide for the benefit, improvement, and maintenance of the open space areas.

(Ord. 2022-007, passed 9-13-2022)

   (A)   As an alternative, the City Council may at its discretion charge a fee in lieu of open space to allow for more centralized parks or other municipal off-site improvements as the City Council determines.

   (B)   A fee in lieu of open space may be provided if the following requirements are met:

      (1)   The amount of square footage that is required as open space shall be reviewed and recommended by the Planning Commission as part of the MPC Zone application process.

      (2)   The fee in lieu of open space shall be determined by an appraised amount per square footage, which amount shall be set by an appraisal conducted by an independent appraiser paid for by the developer, and the appraised amount shall be approved by the City Council.

(Ord. 2022-007, passed 9-13-2022)

      (1)   Contact person is the Zoning Administrator.

      (2)   Applicant shall schedule a conceptual plan review with the Zoning Administrator.

      (3)   Property owner or their designated representative (hereinafter "applicant") shall meet with the Zoning Administrator to:

         (a)   Discuss the procedure for approval of an MPC Zone, site plan, and development agreement;

         (b)   Discuss the requirements for a conceptual plan drawing (conceptual plan is 11inches by 17 inches) to include the following:

            1.   Types of uses;

            2.   Density requested in each use area;

            3.   General location of any proposed and/or existing easements and rights-of-way;

            4.   The general location, arrangement and configuration of open space, including the location, arrangement, and configuration of any parks and/or trails; and

            5.   The general location and design of street infrastructure and that the proposed street infrastructure is in harmony with the city's transportation master plan.

         (c)   The Zoning Administrator shall determine whether the proposed conceptual plan and request for rezone to an MPC Zone meets the requirements for an MPC Zone.

      (1)   A conceptual plan application is required for a conceptual plan review, but no application fee is required. However, an engineer review fee is required for the City Engineer to review the conceptual plan.

      (2)   The conceptual plan application shall provide the following information for discussion at the conceptual plan review:

         (a)   Types of uses;

         (b)   Density requested in each use area;

         (c)   General location of any proposed and/or existing easements and rights-of-way;

         (d)   The general location, arrangement and configuration of open space, including the location, arrangement, and configuration of any parks and/or trails; and

         (e)   The general location and design of street infrastructure and that the proposed street infrastructure is in harmony with the city's transportation master plan.

      (3)   A minimum of three hard copies of the proposed conceptual layout in an 11 inch by 17 inch paper size shall be provided to the City Recorder, and an electronic copy shall be emailed to the City Recorder. The City Recorder shall file one copy and distribute one copy to City Engineer, one copy to the Zoning Administrator.

      (1)   The Zoning Administrator shall review the conceptual plan application and will make recommendations to the applicant as to changes or additions.

      (2)   The Zoning Administrator shall submit the complete conceptual plan application to the City Engineer to assess infrastructure needs. The City Engineer shall have 17 days prior to any scheduled Planning Commission meeting to review the application. The City Engineer's comments shall be given to the Planning Commission, Zoning Administrator, and the applicant three days prior to the date of the Planning Commission meeting when the conceptual plan application will be on the agenda and considered by the Planning Commission.

      (3)   The Planning Commission shall recommend approval, approval with conditions, or recommend disapproval regarding the conceptual plan and shall send that recommendation to the City Council.

      (4)   The City Council shall approve, approve with conditions, or deny the conceptual plan.

      (1)   A conceptual plan application does not constitute a land use application for any approval or permit or rezone and is not binding on the city or the applicant.

      (2)   An applicant's rights have not vested in the MPC Zone process until the filing of a complete rezone application for an MPC Zone, site plan, and development agreement.

      (3)   The Zoning Administrator and City Engineer shall make the determination regarding if a rezone application for an MPC Zone, site plan, and development agreement are complete.

(Ord. 2022-007, passed 9-13-2022)

   (A)   A site plan shall be submitted and considered concurrently with an application for approval of an MPC Zone.

   (B)   The site plan shall be attached as an exhibit to a proposed development agreement.

   (C)   Either the site plan or the proposed development agreement shall include the following items in one of those two documents:

      (1)   The proposed zone name and location.

      (2)   Permitted, conditional, accessory uses proposed for and in the MPC Zone.

      (3)   Proposed residential use density.

      (4)   Minimum lot sizes.

      (5)   The range of average lot sizes.

      (6)   Building locations.

      (7)   Building elevations.

      (8)   Open space in the MPC Zone.

      (9)   Parking: location and number of spaces.

      (10)   Landscaping.

      (11)   Pedestrian and traffic circulation.

      (12)   Drainage and storm water retention plan.

      (13)   Utility layout.

      (14)   Plans for grading.

      (15)   Proposed development standards providing:

         (a)   Lot standards establishing requirements for lot area and dimensions;

         (b)   Building, setback standards for front, side and rear yards; and

         (c)   Building regulations addressing building height, building orientation, and architectural design guidelines.

      (16)   Impact statement showing the effect the proposed MPC Zone will have on the environment, city utilities, traffic, and schools.

         (a)   The developer shall conduct traffic and environmental studies to determine the impact the proposed MPC Zone may impose on existing infrastructure and future development, unless otherwise waived by the City Council.

         (b)   The applicant shall solely bear the costs of any impact study, either done at the applicant's direction or at the direction of the City Engineer, City Council, or Planning Commission.

(Ord. 2022-007, passed 9-13-2022)

   Compliance with the requirements of this subchapter does not exempt any applicant from meeting any other applicable requirements of this chapter and the city's land use ordinances that are not in conflict with the approved development agreement and with the general requirements outlined in this subchapter.

(Ord. 2022-007, passed 9-13-2022)

   (A)   (1)   If the MPC Zone is proposed to be developed in phases, the site plan shall also show phase boundaries.

      (2)   Each phase shall be of such size, composition, and arrangement so that construction and operation of each phase is feasible as a unit, independent of any subsequent phase.

(Ord. 2022-007, passed 9-13-2022)

   (A)   After consideration of the site plan, application, and proposed development agreement, the Planning Commission shall make a recommendation to the City Council regarding the MPC Zone.

   (B)   At the same time, the Planning Commission shall recommend approval, approval with conditions, or recommend the disapproval of the site plan and proposed development agreement for the proposed MPC Zone.

   (C)   Planning Commission's recommendation of approval of a site plan, application, and development agreement shall not be effective unless and until a corresponding MPC Zone is approved by the City Council.

(Ord. 2022-007, passed 9-13-2022)

   The development standards may include development regulations regarding processing of applications, common and private open space guidelines, natural resource protections, grading, drainage and street standards.

(Ord. 2022-007, passed 9-13-2022)

   In considering an application for an MPC Zone, the proposed site plan, application, and development agreement may be modified by the City Council to meet the intent and requirements of this subchapter and may include regulations and standards other than those proposed by this subchapter.

(Ord. 2022-007, passed 9-13-2022)

   (A)   Submittal of an application for an MPC Zone does not guarantee the application will be approved.

   (B)   An MPC Zone may be approved only if the City Council, after receiving a recommendation from the Planning Commission, finds the MPC Zone and the associated preliminary plan, application, and development agreement meet the findings required for approval.

(Ord. 2022-007, passed 9-13-2022)

   The proposed MPC Zone shall be approved only if the City Council makes two of the following findings:

   (A)   The proposed MPC Zone conforms to the guidelines and policy of the general plan;

   (B)   The MPC Zone is necessary to provide land use or design standards tailored to a specific geographic area and development program that cannot otherwise be provided through conventional zoning;

   (C)   The MPC Zone provides equal or greater compatibility with surrounding land uses than would occur with conventional zoning;

   (D)   The MPC Zone provides equal or greater protection to sensitive lands than would occur with conventional zoning;

   (E)   The MPC Zone avoids incompatible development on lands subject to natural hazards;

   (F)   The MPC Zone promotes efficient land use by allowing housing and commercial development at densities that are appropriate for the area; or

   (G)   The MPC Zone provides equal or greater opportunities for alternative modes of transportation such as walking, bicycling, or transit, than would occur with conventional zoning by:

      (1)   Encouraging or requiring significant mixed use development where appropriate; and

      (2)   Providing a master plan with direct and convenient pedestrian or bicycle connections between all land uses.

(Ord. 2022-007, passed 9-13-2022)

   Upon approval, each MPC Zone shall be given a unique name following the designation "MPC —" and shall be independent of any other MPC Zones.

(Ord. 2022-007, passed 9-13-2022)

   (A)   Within an MPC Zone, applications for subdivision approval, site plan, conditional use permits and any other needed permits shall be submitted and approved as required to implement the conceptual master plan.

   (B)   The conceptual master plan shall meet the conceptual subdivision review requirements of the city ordinances.

(Ord. 2022-007, passed 9-13-2022)

   (A)   A site plan and development agreement may be amended upon written agreement of all parties after following the procedure outlined for either a minor or a major amendment.

(Ord. 2022-007, passed 9-13-2022)

   (A)   Any MPC Zone created under this subchapter shall be commenced, which includes active work and construction efforts being made on the site, within one year of the date which the City Council grants approval of the MPC Zone and the accompanying development agreement, or the MPC Zone application shall be denied and the zone shall revert to the previous zone.

   (B)   An MPC Zone involving commercial development may be granted an exception to the one year commencement date. The applicant shall apply to the City Council regarding granting an extension of time for commencement.

(Ord. 2022-007, passed 9-13-2022)

   Prior to the commencement of "development activities" as defined in UCA § 10-9a-101, et seq., or the recording of any subdivision plat, an applicant must follow §§ 150.195 through 150.199 and shall file a guarantee of one of the outlined forms in that chapter and it shall be approved by the City Attorney.

(Ord. 2022-007, passed 9-13-2022)