The intent of this chapter is to promote flexibility in site design, to achieve, for example, the clustering of buildings, the mixture of housing types, and the combining of housing with supplementary uses such as commercial centers, business parks or other multiple use centers, etc. This chapter is also intended to promote better design of residential developments through the use of design professionals. It is further intended that a planned unit development will provide for more open space, more public amenities, and the preservation of natural features such as floodplains and steep slopes that would not be possible under traditional development techniques. This chapter, however, will not allow flexibility in the design and construction of streets. All streets in planned unit developments whether private or dedicated public streets shall conform to the minimum improvement requirements of the subdivision standards, except for parking areas in apartment complexes. (Ord. 2018-05, 1-18-2018)

A planned unit development is a large scale, predominantly residential development in which the regulations (except street construction standards) of the underlying zone are waived to allow flexibility and innovation in site and building design in accordance with a PUD Master Plan approved by the Planning Commission and City Council. Accessory nonresidential uses may be included in the development, as determined by the Planning Commission, to provide a necessary service to the residents of the development. (Ord. 2018-05, 1-18-2018)

A planned unit development shall be considered only in the AA, A, AE, LS, S, LR, R, R-2, R-4, R-8, BP, BR, C, OTR (single-family residential only), NMU, CMU and B (single-family residential only) Zones. The provisions of this chapter shall prevail in cases of conflict between this chapter and other chapters (the provisions of the foothill ordinance shall be more restrictive than this chapter). (Ord. 2018-05, 1-18-2018)

A planned unit development designation shall be used in combination with existing zones as designated above and not applied to a land area independently. The planned unit development designation (PUD) shall become a suffix to the zone with which it is combined; for example, R-8 (PUD). Approval of the planned unit development shall be accomplished in the same manner as other amendments to the official zoning map in compliance with chapter 6 of this title. (Ord. 2018-05, 1-18-2018)

To obtain information and an interpretation of this chapter and other provision in this title that pertain to planned unit developments, each applicant shall confer with the City Planner and other Farmington City staff members as appropriate in a PUD concept plan preapplication conference before a preliminary PUD Master Plan is submitted. The submission of general outlines of the proposal, sketch plans and other conceptual documents are appropriate at this time. The City Planner shall furnish the applicant with written comments regarding the conference, including appropriate recommendations to assist the applicant in the preparation of a preliminary PUD Master Plan. These comments and recommendations must be considered as guidance and as assistance to the applicant pending official action by Farmington City on the submitted preliminary PUD Master Plan. (Ord. 2018-05, 1-18-2018)

The City Council shall review and take action on the application for a planned unit development designation to be added as a suffix to an underlying zone in accordance with chapter 6 of this title. (Ord. 2018-05, 1-18-2018; amd. Ord. 2025-14, 3-18-2025)

   A.   Submittal: Following the public hearing on a preliminary PUD Master Plan and prior to designation of a planned unit development, in combination with an underlying zone, the final PUD Master Plan shall be submitted to the City Planner. Any failure to submit a final PUD Master Plan on the proposed planned unit development or any portion thereof within one year of the approval of the planned unit development designation and the preliminary PUD Master Plan shall terminate all proceedings and render the proposed planned unit development null and void.

   B.   City Planner Review: The City Planner shall review the final PUD Master Plan to assure that it is in compliance with the requirements of this chapter. The Planning Commission shall not place any final PUD Master Plan on the Planning Commission agenda until all items required have been submitted or are omitted for good cause. The final PUD Master Plan will allow the Planning Commission to review all the information required for the preliminary PUD Master Plan in its finalized, detailed form. The final plan shall not vary substantially from the previously approved preliminary PUD Master Plan. The final PUD Master Plan shall be deemed in substantial compliance with the preliminary PUD Master Plan; provided, that:

      1.   The lot areas do not vary by more than ten percent (10%);

      2.   A reduction of the area designated for common open space is no more than five percent (5%);

      3.   An increase in the floor area proposed for nonresidential uses is no more than five percent (5%);

      4.   An increase in the ground coverage ratio by all buildings is no more than five percent (5%).

   C.   Variation From Preliminary Plan: If it is determined that the final PUD Master Plan does vary substantially from the preliminary PUD Master Plan, the applicant must repeat the procedure outlined in sections 11-27-060 and 11-27-080 of this chapter before further action shall be taken on the final PUD Master Plan. The applicant may be required to pay additional fees, as determined by the City Manager, for the repeated procedures required.

   D.   Required Information: The final PUD Master Plan shall contain all of the site plans and maps required for the preliminary PUD Master Plan in a finalized format. Specifically it shall contain the following:

      1.   Tabulations of all dwelling units to be constructed by types and number of bedrooms per unit (if multi-family);

      2.   Detailed site plan with complete dimensions showing precise locations of all buildings and structures, lot or parcel sizes and locations, designations of common spaces and special use areas, detailed circulation pattern;

      3.   Dimensioned parking layout and traffic circulation pattern, including streets, location of individual parking stalls and all areas of ingress and egress and outdoor lighting;

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

      5.   Detailed engineering plans or final subdivision plat showing site grading, street improvements, drainage and public utility location;

      6.   Detailed landscaping plans with a legend showing the types and sizes of all planting materials and their locations, decorative materials, recreation equipment, sprinkler or irrigation systems and any recreation related outdoor lighting;

      7.   The fully executed declaration of covenants, conditions and restrictions, together with open space easements and other bonds, guarantees or agreements as required by this chapter or as deemed necessary by the Planning Commission and/or the City Attorney. (Ord. 2018-05, 1-18-2018; amd. Ord. 2025-14, 3-18-2025)

The Planning Commission shall review the submitted final PUD Master Plan and may approve or disapprove it. The Planning Commission may approve the Final PUD Master Plan if they find that the proposed planned unit development meets all of the requirements of this chapter, that it is in substantial compliance with the approved Preliminary PUD Master Plan and that it meets the objectives and purposes of this chapter. The Planning Commission may apply conditions with the approval of the final PUD Master Plan that will ensure that the proposed PUD meets with the objectives of this chapter, subject to, but not limited to, the following:

   A.   Building Permit: No building permit for any portion of the proposed planned unit development shall be issued until the final PUD Master Plan has been approved and all necessary subdivision ordinance requirements have been met. Building permits may be issued in accordance with the approved Final PUD Master Plan even though the yard requirements, building heights, minimum lot sizes, etc., differ from the requirements of the underlying zone in which the development is proposed.

   B.   Permanent Protection: Permanent protection of planned unit development open space, performance bonds, guarantee of improvements, covenants and restrictions. All provisions pertaining to the requirements cited in this chapter shall be met as required in the approved conditions of the planned unit development prior to Planning Commission final approval in which the development is proposed.

   C.   Phased Development: Development plans for an approved preliminary PUD Master Plan may be submitted in phases provided each phase can exist as a separate unit capable of independently meeting all the requirements and objectives of this chapter. If the planned unit development is developed in phases, the required open space and approved recreational facilities shall be developed in proportion to the number of dwelling units intended to be developed during any given development phase, unless it is determined that a greater amount of open space and recreation facilities must be provided in order to assure that these spaces and facilities can function properly.

   D.   Fees: All final plans shall be accompanied by the appropriate fee, as specified from time to time by the City Council. (Ord. 2020-04, 2-18-2020)

(Rep. by Ord. 2020-04, 2-18-2020)

   A.   Minimum Area: The minimum area for a planned unit development shall be five (5) acres in AA, A, AE, LS and S Zones, two and one-half (21/2) acres in LR, R and R-2 Zones, and one and one- half (11/2) acres in R-4 and R-8 Zones. Any proposal for a planned unit development in areas smaller than those cited above, may be approved based upon the specific conditions related to the site upon which the development is proposed. Smaller planned unit developments are encouraged in the older historical parts of the City in order to use lot interiors where unique conditions may exist.

   B.   Base Density: The base density of the planned unit development shall be determined by the development of a yield plan, as defined in section 11-2-020 of this title, applying subdivision yield plan dimension standards set forth in chapter 12 of this title and related requirements of the underlying zone.

   C.   Lot Area, Width, Yard, Height, Coverage: Lot area, width, yard, height and coverage regulations shall be determined by approval of the preliminary PUD Master Plan.

   D.   Number Of Dwelling Units: The number of dwelling units in each building shall not exceed the number permitted in the zone when the underlying zone is R-4 or R-8. When the underlying zone is R-8, the maximum dwelling units in each building may be increased to twelve (12) units; provided, that the maximum allowable density of the R-8 Zone is not exceeded.

   E.   Adjacent Yard, Height Requirements May Apply: The Planning Commission may require that yard and height requirements of adjacent zones be applied to the periphery of the planned unit development.

   F.   Low Intensity: To assure that adjacent properties will not be adversely affected, the Planning Commission may require, where feasible, buildings and uses of lowest intensity be situated on the periphery of the planned unit development.

   G.   Open Space:

      1.   Requirements: Every planned unit development shall provide usable common open space, accessible to all lots or units, of not less than ten percent (10%) of the net area (gross area less constrained or sensitive lands), in single-family planned unit developments (see chart below) and thirty percent (30%) in multi- family planned unit developments. (Open space requirements in a mixed single-family, multi-family planned unit development shall be computed as a weighted average.) No streets, driveways, parking areas, yard areas typically used for individual structures or areas with slopes greater than thirty percent (30%), wetlands or other constrained lands may be included in the computation of the required open space unless the City determines that certain constrained, i.e., rock outcroppings, etc., qualify as unimproved open space in order to enhance the character and function of open space with the development. Playgrounds, parks, swimming pools and related amenities, tennis courts and similar bona fide recreation buildings and facilities and trailway system land may be considered part of the usable common open space.

SINGLE FAMILY - ALL ZONES

Open Space And Character Incentive Multiplier

 

 

      2.   Alternatives To Open Space: The City, as a legislative action concurrent with the consideration of a PUD and at its sole discretion, may enact one or all of the following alternatives in lieu of the required open space set forth herein:

         a.   Historic Preservation: The City, at its sole discretion, may consider preservation of an on site building or structure eligible, or that may be eligible, for the National Register of Historic Places in lieu of the ten percent (10%) open space.

         b.   Transfer Of Development Right (TDR): A TDR lot may replace all or a portion of the ten percent (10%) open space requirement consistent with the standards contained elsewhere in this title.

         c.   Waiver: The City may waive all or a portion of the ten percent (10%) open space requirement consistent with the standards set forth in this chapter. Any development receiving a waiver shall not qualify for a density bonus.

         d.   Moderate Income Housing: Developers may provide or set aside dwelling units equal in number to at least ten percent (10%) of the total number of dwelling units approved for the development for moderate income housing subject to entering into an agreement with the City; unless, at the sole discretion of, and by agreement with the City, the developer provides:

            (1)   A fee in lieu thereof determined in consideration of factors set forth in Section 11-28-270 of this Title; or

            (2)   Some other public benefit; or

            (3)   A combination of 1 and 2 above.

   H.   Increase In Residential Density: Residential density may be increased up to a maximum of twenty percent (20%) above that allowed in the underlying single-family zone, at the discretion of the City. The density will be determined during the preliminary PUD Master Plan review stage.

      1.   Common Open Space Increase: An increase of usable common open space in addition to the open space requirements cited in subsection G of this section, may allow the following density increases:

         a.   Improved: Improved open space is usable common open space that is highly accessible to all residents of the planned unit development; that is devoted to planting, patios, walkway, and recreational areas; that provides recreational facilities such as swimming pool, tennis court, clubhouse, playground, etc.; that is of such dimension to be functionally usable (on any section of improved open space shall not be less than 6,000 square feet nor less than 30 feet in its smallest dimension); and that is of a finished grade of twelve percent (12%) or less.

         b.   Unimproved: Unimproved open space is common open space that generally allows for the preservation of the planned unit development's natural amenities such as rock outcrops, trees, ravines, ponds, drainage channels, etc. All or part of unimproved open space is generally left in a natural state and its use is restricted to more passive recreation, such as hiking trails or creation of access to scenic vistas and natural sites.

      2.   Multi-Family Planned Unit Developments: A density bonus is not allowed in multi-family planned unit developments by increasing open space. Economies in construction and an increase in open space may be achieved by increasing the number of units per structure as provided in subsection D of this section.

      3.   Siting Variation: Character, identity and architectural and siting variation incorporated in a single-family planned unit development shall be considered cause for density increases not to exceed five percent (5%). When combined with open space density bonuses, the total density increase shall not exceed twenty five percent (25%). The degree of distinctiveness and the desirable variation achieved shall govern the amount of density increase the Planning Commission and City Council approve. Such variations may include, but are not limited to, the following:

         a.   Landscaping: Landscaping; streetscape; open spaces and plazas, use of existing landscaping and natural features; pedestrianway treatments; treatment of recreational areas and provision of various recreation apparatus (a maximum increase of 2 percent).

         b.   Siting: Siting; visual focal points; use of existing physical features such as topography; view; sun orientation; circulation patterns; physical environment; variation in building setbacks; and clustering of building groups (a maximum increase of 1 percent).

         c.   Design Features: Design features; street sections; architectural styles; harmonious use of materials; parking areas broken by landscape features; and varied use of house types (a maximum increase of 2 percent).

   I.   Utilities: All dwelling units shall be served by public sewer and public water. All utilities within the planned unit development shall be placed underground.

   J.   Off Street Parking: Off street parking spaces shall be provided as required in chapter 32 of this title.

   K.   Dedicated Streets: All streets in a planned unit development shall be a dedicated public street built to Farmington City standards unless otherwise approved by the City Council. (Ord. 2018-05, 1-18-2018; amd. Ord. 2021-20, 8-3-2021)

   A.   Methods: The Farmington City Council, upon recommendation of the Planning Commission, shall require the preservation, maintenance and ownership of open space utilizing, at the City's option, one of the following methods:

      1.   Dedication of the land as a public park or parkway system;

      2.   Granting to Farmington City a permanent open space easement on and over the said private open spaces to guarantee that the open space remain perpetually in recreational use, with ownership and maintenance being the responsibility of a homeowners' association established with articles and bylaws which are satisfactory to Farmington City; or

      3.   Complying with the provision of the Utah Condominium Ownership Act of 1963, Utah Code Annotated title 57, chapter 8, as amended, which provides for the payment of common expenses for the upkeep of common areas and facilities. Recreation uses and facilities may be developed within the common open space areas in compliance with a recreation and landscaping plan approved as part of the approved final development plan of the planned unit development.

   B.   Failure To Maintain: If the second or third methods, as set forth above, are utilized to maintain the open spaces, but the organization established fails to maintain the open space in reasonable order and condition, the City may, at its option, do or contract to have done the required maintenance and shall assess ratably the open spaces and individually owned properties with the planned unit development. Such assessment shall be a lien against property and shall be filed with the Davis County Recorder, or the City may bring suit to collect the maintenance fees, together with reasonable attorney fees and costs. (Ord. 2018-05, 1-18-2018)

In order to ensure that the planned unit development will be constructed to completion in an acceptable manner, the developer shall guarantee the improvements. The performance bond or guarantee agreement shall be prepared by the City Attorney, and signed by the developer of the planned unit development. The developer shall deposit in escrow with a bank or lending institution, a sum of money equal to one hundred twenty percent (120%) of cost of improvements as estimated by the City Engineer. (The City Engineer may obtain estimates from licensed professionals for improvements that the City Engineer is not qualified to value, e.g., landscaping in the improved common area.) The estimated costs shall cover the construction and installation of all required landscaping, parking and street improvements, including paving, curbs, gutter, sidewalks, water and sewer lines, parks, playgrounds, recreation facilities and other amenities shown on the final PUD Master Plan approved by the City Council. (Ord. 2018-05, 1-18-2018)

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

   A.   Association, Corporation: The establishment of a private association or corporation responsible for all maintenance, which shall levy the cost thereof as an assessment to each unit owner within the condominium development. (Ord. 2018-05, 1-18-2018; amd. Ord. 2025-14, 3-18-2025)

Subject to the provisions set forth herein, for single-family residential PUDs, or boundary adjustments related to a single- family detached residential PUD equal to or less than one acre in size, any provision of this chapter may be waived by the City upon a vote of not less than four (4) members of the City Council. Such waiver(s) shall be granted by ordinance and only in limited circumstances as deemed appropriate and necessary by the City Council. No waiver shall be granted absent a finding of good cause based upon specific special circumstances attached to the property. No waiver should be granted that would be contrary to the public interest or contrary to the underlying intent of this chapter. Any waiver of the required minimum conservation land dedication shall require comparable compensation, off site improvements, amenities or other consideration of comparable size, quality and/or value. (Ord. 2018-05, 1-18-2018)

Unless there is substantial action leading toward completion of a planned unit development or an approved phase thereof within a period of twelve (12) months from the date of approval, as determined by the City Council, such approval shall expire, unless, after reconsideration of the progress of the project, an extension is approved. (Ord. 2018-05, 1-18-2018)