The purpose of a planned unit development is to allow for flexibility in the development of a major subdivision, under one ownership or control, through the incorporation of mixed land uses, densities, site layout, and project design. The city shall only use the PUD zone when it is clearly demonstrated that in doing so, substantial benefit will be derived by the residents of Kamas City.

(Ord. 2015-04, 11/10/2015; Ord. 2019-12, 11/26/2019)

In order for property to qualify for PUD zoning, the owner(s), including their successors and assigns, must demonstrate the potential for achievement of the following specific objectives throughout the planning, design, and development stages:

1.

Providing for an orderly and creative arrangement of land uses with respect to each other, to the entire development, and to all adjacent land.

2.

Providing for a planned and integrated comprehensive transportation system for pedestrian and vehicular traffic which may include provisions for roads, bicycle or equestrian paths, trails, or other similar transportation facilities.

3.

Locating and siting structures to take maximum advantage of the natural and manmade environment and to provide view corridors.

4.

Providing for adequate, well located, and well designed open space and community facilities.

5.

Providing for cultural, educational, medical, religious, and recreational facilities.

6.

Ensuring minimal development related off-site impacts.

7.

Ensuring the development is compatible with and will not adversely affect the social, cultural, rural, agricultural, and small town character of Kamas City and furthers the goals and objectives of the Kamas City General Plan.

(Ord. 2015-04, 11/10/2015)

1.

Initial contact. Before submitting an application for a planned unit development, the applicant shall engage in a pre-submission conference with the Kamas City Staff and mayor to discuss preliminary land planning, including land use relationships, residential density, transportation systems, community facilities, sensitive lands and landscaping and open space provisions.

2.

Concept plan and review. The applicant will submit a conceptual plan for discussion with the Kamas City Planning Commission prior to the submission of an official application. The concept plan should display the following:

a.

Design guidelines. Development in the PUD zone may consist of a use or combination of uses that are specifically approved for the property in the development agreement. The owner/developer shall include in the design a listing of the uses proposed and the general arrangement for each land use category with the proposed PUD. The listing and general arrangement of the approved land uses shall be shown in the development agreement that is adopted as part of the PUD approval.

b.

Density. The number of dwelling units permitted per gross acre in the PUD zone shall be determined at the time the development agreement is approved. The development agreement shall establish the maximum number of dwelling units per gross acre for each residential category, as well as for the entire property.

c.

Minimum size. The minimum site area that is eligible for classification to the PUD zone shall be equal to at least the minimum site area required for a major subdivision. The PUD zone shall consist of open space, recreational facilities, pedestrian and bikeway facilities, other common community facilities and landscaped areas in public rights-of-way as recommended by the planning commission and approved by city council.

d.

Transportation plan. A comprehensive transportation system for pedestrian and vehicular traffic which may include provisions for roads, bicycle or equestrian paths, trails, or other similar transportation facilities shall be designed to accommodate traffic within the PUD and connecting to other transportation facilities within the city.

3.

PUD application. Plans and documentation which must accompany a PUD application are as follows:

a.

A development plan for the property, including general land use designation, roads, and plans for open space. A general phasing plan shall be included to indicate the intended timing of the development.

b.

Design guidelines that set forth densities, building height, bulk and setback requirements, requirements for signage, landscaping, lighting, parking, and open space, and procedures for site plan review.

c.

Storm drainage information, which shall consist of a preliminary drainage study completed by a registered professional engineer on a map with a minimum contour interval of two feet.

d.

Conceptual utility layout that includes sewer and water main corridors.

e.

Proposed conditions, covenants, and restrictions.

f.

Culinary and secondary water plan including source, type, and quantity of water shares or rights, and

g.

The applicant shall pay all fees that are set forth in the Kamas City Fee and Rate Resolution for filing applications for a PUD.

4.

Preliminary plans and documents.

a.

Vicinity plan. The developer shall prepare a vicinity plan, which shows a simple concept of the major features of the development in relation to existing conditions and developments within one-fourth mile of the outside boundaries of the development.

b.

Environmental review. The environmental review shall describe the impact the development will likely have on the natural features of the immediate area. This review will also indicate the measures that will be taken to mitigate any negative conditions that may occur as a result of the project with respect to wildlife, historical sites, wetlands, floodplains, slopes, etc. and other items outlined in KMC 15.22 of the Kamas City Land Use Ordinance.

c.

Preliminary plan. The applicant shall prepare a preliminary plan and shall submit three 24 inch × 36 inch copies and a digital copy of the plan to the City Planner for engineering and Planning Commission review. The plan must be submitted at least 30 days prior to the meeting of the Planning Commission at which time, the plan will be considered. The preliminary plan shall be drawn to a scale not smaller than one inch = 100 feet. The plan shall show the following information:

i.

Name of the development.

ii.

Name, address, and phone number(s) of the property owner(s) and the developer.

iii.

Name, address, and phone number(s) of the engineer and land surveyor.

iv.

North arrow and scale.

v.

Type(s) of development.

vi.

A site plan showing location of proposed streets and building sites.

vii.

Proposed open space areas, i.e. parks, play equipment, side, rear, and front yard setbacks, and the general location and description of all recreational and open space areas and facilities.

viii.

Size and type of recreational buildings and other structures proposed for the common use of the residents with an indication of materials to be used in the construction of buildings.

ix.

Architectural renderings of proposed structures.

x.

Proposed lot layout.

xi.

Legal description with section tie.

xii.

Zone boundaries and designations.

xiii.

Tabulation showing:

(1)

Area of land within the residential development.

(2)

Number of residential lots proposed.

(3)

Percent of area to be devoted to open space; and

(4)

Number of off-street parking spaces.

xiv.

Proposed location of off-street parking spaces.

xv.

Typical street cross sections.

xvi.

Adjacent property owners.

xvii.

Existing and proposed sewage disposal facilities.

xviii.

Existing and proposed water system indicating size of water lines and fire hydrant locations.

xix.

An indication of the capacity of the water system as it relates to the project.

xx.

Preliminary landscape and lighting plan indicating areas of landscaping and the various types of landscape materials and lighting to be used; and

xxi.

Any other information the city engineer, city planner, planning commission, or city council may determine necessary relating to the particular site of the proposed project.

5.

Review, recommendation and approval of zoning.

a.

The initial zoning approval of a PUD zone shall consist of a review, public hearing and recommendation by the Kamas City Planning Commission and approval by the Kamas City Council. The approval of a PUD shall be accomplished through the adoption of a development agreement. An approved development agreement shall be a matter of public record.

b.

The owner/developer, and his successors and assigns, shall develop property in the PUD zone in accordance with the approved development agreement.

6.

Agreements. Creation of a development agreement that identifies land uses, zoning, residential densities, non-residential land uses, public and private funding obligations, construction of public and private amenities, impact fees or other development credits, bonus density systems and phasing of the development shall be executed upon approval of the planned unit development. The developer shall submit to the city an agreement between the developer and the city stating among other things:

a.

That in the event of failure or neglect on the part of the owners, successors, or assigns to maintain the water and sewage facilities, common areas, landscaping, or other improvements in good conditions, the city may perform the necessary work and for that purpose may enter upon the land and do the work and charge the cost thereof, including reasonable attorney fees, to the owners or their successors and assigns.

b.

That the owners, successors, or assigns will reimburse the city for all costs which the city incurs as a result of performing the necessary work.

c.

That the terms of the contract shall be binding upon the heirs, assigns, receivers, and successors of the project for the life of the project or development; and

d.

Any other conditions that the planning commission, city council and/or city attorney deems to be reasonably necessary to carry out the intent of this ordinance.

7.

Development approvals. Approval of a planned unit development does not constitute approval to proceed with development. The developer is required to obtain subdivision and development approvals, required by this chapter and other city ordinances. Separate permits or approvals are required to grade property, excavate, install utilities, subdivide or otherwise improve property as dictated by Utah State Statutes and Kamas City Ordinances.

8.

Notice. The applicant shall provide the city with one set of addressed, stamped envelopes to all property owners within 1,000 feet of the proposed PUD. Such notice shall be mailed at least ten days prior to the planning commission consideration of the preliminary plat. Notice by mail shall also include the following entities: The South Summit School District, public utility providers, Provo River Water Users, Weber Basin Water, the South Summit Fire District, and Beaver-Shingle Creek Irrigation Company.

9.

Planning commission hearing. The planning commission shall hold a public hearing on the proposed PUD by providing reasonable notice of the public hearing at least ten days before the date of the public hearing.

10.

Planning commission consideration. Upon review and consideration of the proposed PUD, at a meeting called for such purpose, the planning commission may recommend its approval, denial, or approval with conditions to the city council.

11.

City council. The city council may hold a public hearing following recommendation from the planning commission to approve, deny or conditionally approve the PUD.

12.

Time limit. Failure to submit a final development plan within two years of receiving preliminary approval for the PUD by the city council shall terminate all proceedings and render the PUD null and void.

13.

Final PUD approval. Upon planning commission recommendation and city council approval of the PUD, the applicant shall prepare and submit three 24 inch × 36 inch copies and a digital copy of each plan in the final approval submittal package to the planning commission consisting of the following:

a.

All of the information required as conditions to the PUD;

b.

A mylar indicating all streets and lots as approved in the preliminary process;

c.

Detailed landscape and lighting plans;

d.

Final engineering drawings (plans and profiles) for all improvements, public and private;

e.

Final grading plan;

f.

Final drainage and water runoff plan with runoff calculations;

g.

Provisions for bonding or escrow account for all improvements in a form that is acceptable to the city. The amount of the bond or escrow account is to be 110 percent of the city engineer's estimated cost of improvements; and

h.

Final development agreement for the PUD.

14.

Street and subdivision design requirements. All development shall conform to the standard street design requirements set forth in the ordinance and the Construction and Standards Guidelines of Kamas City, except as otherwise provided for specifically in an approved PUD.

15.

Gravel, sand, earth extraction and mass grading. Gravel, sand, earth extraction, and mass grading operations may be approved by the city council with a recommendation for approval by the planning commission as a part of a large development project under the provisions applicable within the PUD classification and those of KMC 15.21 of this ordinance. Any such development shall be required to put forth a bond with the city for the reclamation of the site following the site's project completion. Such bonding may be waived by the city subject to provisions of bonding for the overall project.

16.

Inspections. City staff shall inspect the PUD during construction and through its completion.

17.

Recording of plat(s). The plat(s) of an approved PUD within Kamas City shall be recorded in the Summit County Recorder's Office within two years of city council approval. Failure to record within two years of city council approval shall render the plat null and void.

18.

Modification of planned unit development agreement. The planning commission may recommend at a public meeting and the city council, at a public meeting, may approve modification of the development agreement upon finding that:

a.

The requested modification or deviation, if approved, will not affect the rights of property owners or residents within the PUD to maintain and enforce previously approved conditions, covenants, and restrictions and other rights in the PUD.

b.

The requested modification or deviation, if approved, will be consistent with the planning objectives and goals of the PUD and Kamas City.

(Ord. 2015-04, 11/10/2015; Ord. 2019-12, 11/26/2019)