Hyde Park City Zoning Code

The intent of the Mountain Recreation (MR) Zone is to provide areas of Hyde Park City which implement the vision and goals of the City’s General Plan. The MR Zone shall allow for a mix of uses including multiple residential uses, minor commercial areas, recreational uses and amenities within a master planned area. Developments established within MR zoned areas of the community shall:

1. Develop neighborhoods that are high-quality, innovative, and creative which blend into natural surroundings and provide diversity in housing types to meet the full life cycle of housing needs for Hyde Park City residents.
2. Be designed and built for the unique hillside and mountainous environment of Hyde Park City. To preserve the City’s character, significant portions of hillside open spaces within the MR Zone shall be preserved for habitat, recreation, and scenic viewsheds. Parks, trails, pathways, and sidewalks shall be incorporated to encourage walking, running, biking, equestrian, and other active recreation activities for residents and visitors.
3. Stimulate the local economy and increase the tax base of the City.

HISTORY

Adopted by Ord. 2023-03 on 4/12/2023

1. Properties identified in the General Plan as Mountain Recreation Community (MRC) may either be annexed into the City with MR zoning through the City’s annexation process, or properties already located within the incorporated boundaries of Hyde Park City may be zoned MR through the standard zoning change process outlined in 12.10 of HPMC. Properties seeking to be zoned MR, whether by annexation or by rezoning, shall submit a master development plan as required by HPMC 12.280.060, herein. No rezone to the MR zone shall be granted without the simultaneous approval and execution of a master development plan and development agreement encompassing the approved master development plan and all conditions of approval of the plan, rezone, and annexation, as appropriate. The approval of an annexation request, rezone, master development plan, and development agreement shall each be legislative actions.
2. Proposed projects within the MR Zone shall demonstrate they will be:
3. Feasible and well-integrated, promoting compatibility with adjacent neighborhoods;
4. Complement the natural features of the site;
5. Result in a net positive contribution of residential, commercial, office, and recreational amenities to the City;
6. Encourage a safe community, mitigating the potential for adverse impacts of non-residential uses on residential uses and neighborhoods within the City;
7. Provide a variety of well-designed housing types and configurations;
8. Ensure the highest value of open space for any given site; and
9. Efficiently and cost effectively extend and provide public infrastructure.
10. Development Agreement Required. The developer and City shall enter into a development agreement consistent with the requirements outlined in 13.10.070 of HPMC, reflecting all conditions of approval of the proposed master development plan and other such matters as the City and the developer may agree such as: design standards, infrastructure responsibilities, permitted and prohibited uses, ownership/management of open spaces, the establishment of a homeowners association (HOA), and other unique matters that need to be negotiated. The development agreement shall govern the future development and subdivision of the development and shall be recorded against the property.
11. Third Party Consultant. If the City determines that it will require the services of one (1) or more third-party consultants to review and process an application to develop within the MR Zone due to the sensitive nature of the proposed lands for development, the applicant shall deposit an amount determined by the Zoning Administrator to cover the City’s initial estimate of third-party consultant costs for reviewing the application. The City shall provide a periodic accounting at the applicant’s request as the City draws upon the funds to reimburse third party consultants which have been retained. If initial deposits are insufficient to facilitate the full extent of a third-party review, the applicant may be required to deposit additional funds with the City. Any unused portion of the applicant’s deposits for third party review shall be refunded upon final disposition of the application.

HISTORY

Adopted by Ord. 2023-03 on 4/12/2023

1. Permitted, conditional, and prohibited uses within the MR Zone shall be those as outlined in 12.290 of HPMC, except as those uses may be adjusted or limited by the development agreement for the specific MR Zone development.
2. In addition to the permitted, conditional, and prohibited uses described in 12.290 of HPMC, there are four types of general land use categories (i.e. place types) permitted in the MR Zone. These general categories shall also guide the establishment of additional permitted, conditional, and prohibited uses for a specific development within the MR Zone, which shall be established by way of the development agreement.
3. Mountain Neighborhood (MN): This category is designed for medium-density and mixed-residential development that emphasizes single-family detached and limited single-family attached uses. Residential structures are allowed up to a maximum of thirty-five feet (35’) measured from grade level to average roof height (midpoint of roof, ridge to eave).
4. Mountain Community Center (MCC): This category is designed for medium-density, mixed-use development including: office, commercial, recreation, and open space uses. The MCC is expected to include a variety of different uses, without an emphasis on any single use. Proposed mixed-use development shall not consist of multi-family residential development with incidental commercial uses that primarily support the residential units, such as a leasing office or private clubhouse. Mixed-uses may be provided in either a vertical or horizontal format , to a maximum of thirty-five feet (35’).
5. Natural Open Space: Landscaped or natural hillside area, farmland/pasture (dry), or other natural areas from which density has been transferred, which are established to provide and preserve in perpetuity public open space, outdoor recreational, wildlife habitat, agricultural, or other similar uses.
6. Active Recreation: This category includes permanently dedicated active recreational facilities such as sports courts, tennis courts, swimming pools, sports fields, well-developed playgrounds and parks, road bike paths and mountain bike trails, bike or skate parks, pavilions, community gardens, plazas, public squares, trail corridors, trailheads and accesses, or other items that are similar in nature and intensity of public or community benefit.
7. The City may require that the developer enter into and record appropriate agreements and restrictive covenants to control, maintain, and govern the proposed uses, including provisions regarding the ownership, characteristics, and design of such uses or services.

HISTORY

Adopted by Ord. 2023-03 on 4/12/2023

1. Minimum Development Size
2. The total size of land within the proposed development/project shall be greater than eighty (80) contiguous acres.
3. Any single land use application must meet the minimum size required for development, or shall be combined with another project, or be amended to be included in an existing project.
4. Residential Density.
5. The allowed residential density will be three (3) gross units per acre.
6. Open Space Requirements
7. The development agreement shall describe the parameters, use, and character of the open space and the nature of any perpetual dedication.
8. Land within each place type shall be designated as publicly accessible open space and described in the development agreement, and shall be recorded as a parcel, lot, or lots in subdivisions, or as common areas in condominium plats. Open space within a place type shall be established and dedicated with each subdivision plat, by warranty deed and/or separate perpetual open space or conservation easement, as appropriate.
9. Dedications to the public by warranty deed and/or conservation easements shall be in a form which meets the reasonable standards or satisfaction of the City Attorney.
10. All privately owned open space shall be preserved in perpetuity and shall be properly maintained by a homeowner’s association (HOA). For the purposes of this requirement, open space does not include a private lot area or an individually owned yard area.
11. Developments within the MR Zone shall dedicate a minimum of thirty five percent (35%) of the total project acreage for the purposes of natural open space as described in 12.280.020 of HPMC. Slopes in excess of twenty percent (20%) may be included in this calculation.
12. Of the required dedicated natural open space, a minimum of twenty percent (20%) shall be dedicated for the purposes of active recreational facilities as outlined in 12.280.020 of HPMC.
13. All dwellings shall be within a quarter-mile walking distance of an active recreational facility.
14. Water Conservation
15. Housing types and properties will be required to be water-wise, use significantly less outside water, and conserve more inside water than typical homes in the area.
16. The community design standards shall dictate water conservation for landscape and internal fixtures.
17. Sensitive Lands, Roadway Corridors, and Trails
18. The developer shall prepare a sensitive lands submittal showing the preservation of sensitive land(s) (i.e., lands that have greater than twenty percent (20%) slope, are documented wetlands, drainage corridors, etc.).
19. The city may allow development of lands with 20-30% slope. The developer must submit any reports that the City Engineer may require for consideration. These reports may include, but are not limited to, slope stability analysis by a geotechnical engineer, off-site drainage analysis, hydrology study, fault study, etc. Development of land with greater than 30% slope will not be permitted.
20. Individual lots with 20-30% slopes may be required to complete their own analysis before a building permit can be issued.
21. Roadway corridors and transition lands (less than 100’ wide) with slopes greater than twenty percent (20%) may be developed upon approval of the City Engineer in conformance to recommendations for mitigation.
22. A trail system around and through the proposed development which connects to established and/or planned City trails in the area shall be required. The trail system shall be constructed in a manner that is consistent with established City standards.
23. Trails may be built on slopes greater than 20% slope. Trail design and construction should minimize erosion.

HISTORY

Adopted by Ord. 2023-03 on 4/12/2023

1. Design standards shall be a required element of the development agreement in order to keep the development quality high and consistent with the purpose and intent of the MR Zone.
2. The design standards elements shall include:
3. Overview (including the development and approval process);
4. Land uses;
5. Street network and street types (including cross sections);
6. Parks, trails, and open space;
7. Residential types and lot sizes;
8. Buildings and architecture;
9. Site Design (including fences, walks, lighting/dark skies, fire-wise (defensible space), utility siting);
10. Landscapes (water-wise/fire-wise); and
11. Stormwater.
12. The design standards shall be customized to the development and guide overall layout, programming, and detailed design for the lots and architecture of the development.
13. Unit densities and housing product types shall be distributed on-site with sensitivity to adjacent development types and densities. In no case shall building heights exceed thirty-five feet (35’) measured from grade level to average roof height (midpoint of roof, ridge to eave).
14. Design and engineering standards not included in the development agreement shall follow City design standards.
15. In the event of a conflict between the design standards and current ordinances of the City, the approved design standards shall prevail.

HISTORY

Adopted by Ord. 2023-03 on 4/12/2023

The developer and the City may consider a Public Infrastructure District (PID) as a mechanism to fund infrastructure and community amenity improvements. A PID shall meet the requirements set forth in 17D-4, Public Infrastructure District Act, of Utah State Code (as amended).

HISTORY

Adopted by Ord. 2023-03 on 4/12/2023

1. Development of properties within the MR Zone shall be approved through the process contained within this chapter. Developers shall be required to submit a master development plan in connection with the annexation or rezone request. The approval of a master development plan is a legislative action. An application for a master development plan for the development of properties in the MR Zone shall include:
2. Completed Application. Including the signature of the property owner, or the property owner’s designated agent, and the applicable fees as outlined in the City’s consolidated fee schedule.
3. Master Plan. Including a vicinity map and concept plan of the entire subject area, which identifies densities, land uses, trails, open space, circulation and roads, and other site improvements and development concepts in relation to existing and planned streets within one-fourth (¼) mile of the subject property.
4. Phasing Plan. Indicating the proposed phases for the entire project, with estimated time frames for development and a chart depicting the number of units and amenities per phase.
5. Environmental Features Map. Indicating the approximate location of potential wetlands, ponds, lakes, streams, canals, or other bodies of water; slopes greater than twenty percent (20%); potential geological hazards (i.e., fault lines; unsuitable soils, etc.); wildlife habitats; stands of significant vegetation, etc.
6. Proposed Utility Plan. Including the utilities available (if any) and proposed easement(s) for new utility services or relocated utility services, and other proposed features such as systems of drainage, sewage, and water supply.
7. Proposed Street Plan. Including a transportation study that includes proposed streets, widths, cross-sections, and the project’s impact on existing roads and transportation capacity.
8. Proposed Landscape Plan. Illustrating the overall features such as: main entry point, other neighborhood entry points, parks and playgrounds, golf courses or other recreational amenity spaces, open spaces, etc.
9. Proposed Development Agreement. Including terms that define and assure implementation of the master development plan and all conditions of approval of the annexation or rezone, including the meeting the requirements of the City’s General Plan, Capital Facilities Plan, Titles 12 and 13 of HPMC, the needs of utility providers for the proposed development, the maintenance of all private amenities, and other necessary conditions.
10. The completed master plan application, supporting documents, plans, and fees specified herein shall be submitted to the Zoning Administrator. The Zoning Administrator shall then forward the application to the DRC for its review and recommendation to the Planning Commission.
11. After review by the DRC, the master development plan application shall be scheduled for review before the Planning Commission. The Planning Commission shall review the application in a public hearing, and shall either recommend approval, approval with modifications, or denial of the master development plan application to the City Council. Failure of the Planning Commission to render a recommendation may be deemed to be a negative recommendation to the City Council, or the City Council may wait to review the master development plan application until the Planning Commission can issue a recommendation.
12. The master development plan application shall then be reviewed by the City Council. The City Council shall review the master development plan application and recommendations of the DRC and Planning Commission, and shall either approve, approve with modification, or deny the application within a reasonable time after such request.
13. In addition to any other condition of approval, the approval of the master development plan application shall require the developer to execute and record the approved development agreement against title to the property of the project to govern the future development thereof.
14. If the master development plan application is approved, the developer may apply for preliminary and final plat approvals as outlined in Title 13 of HPMC and the terms of the master development plan and development agreement. If the developer has not applied for preliminary plan approval within one (1) year of the date the master development plan application was approved, the master development plan approval shall be null and void.
15. The developer can re-apply for master development plan approval.
16. This time period may be extended up to one (1) year for good cause shown if the developer petitions the City Council in writing for an extension at least thirty (30) days prior to the original expiration date. Only one (1) extension of one (1) year may be granted by the City Council.
17. Amendments to a master development plan may be requested by the developer. Such a request shall be submitted to the Zoning Administrator in writing along with the applicable fees as outlined in the City’s consolidated fee schedule. Amendments to the master development plan shall be legislative acts and shall follow the same process as outlined for the initial approval, provided that the City may authorize procedures for the Zoning Administrator to approve, as an administrative matter, minor amendments to the master development plan.

HISTORY

Adopted by Ord. 2023-03 on 4/12/2023