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Levan City Zoning Code

16.24 PLANNED

UNIT DEVELOPMENT PUD

16.24.010 INTRODUCTION

Compliance with the regulations of this chapter in no sense excuses the developer from the applicable requirements of the Levan Subdivision Ordinance, except as modifications thereof may be specifically authorized in the approval of the application for the planned unit development. 

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

16.24.020 PURPOSE

The purpose of the planned unit development is to allow diversification in the relationship of residential uses and structures to their sites and to permit a more flexible development of such sites. The application of planned unit concepts is intended to encourage good neighborhood and housing design, thus insuring substantial compliance with the intent of the zone district regulations and other provisions of this ordinance related to the public health, safety, and general welfare and at the same time securing the advantages of large scale site planning for residential development. 

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

16.24.030 DEVELOPMENT REQUIREMENTS

  1. The minimum land area required for development of a PUD is 4 acres.
  2.  The development shall be in single or corporate ownership at the time of application or the subject of an application filed jointly by all owners of the property.
  3. The Planning & Zoning Board shall require such arrangements of structures and open spaces within the site development plan as necessary to assure that adjacent
  4. Density allowed for a PUD shall be as provided in the regulations established by this ordinance in the zone district in which the proposed PUD is to be developed.
  5. Where feasible, buildings and uses of lowest height and intensity shall be arranged around the boundaries of the development.
  6. Lot area, width, yard, height, density, and coverage regulations shall be determined by approval of the site development plan.
  7. Every effort shall be made, by creative site planning, to preserve all existing trees or substantial shrubs on a development site.
  8. Every PUD shall provide common open space, accessible to all lots or units, of at least 30 percent of the gross area of the development site. No streets, driveways, or parking area may be included as part of the required open space.
  9. Preservation, maintenance, and ownership of required open space within the development shall be accomplished by:
    1. Dedication of the land as a public park or parkway system, or
    2. Granting to Levan Town 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 home owner's association established with articles of association and bylaws which are satisfactory to Levan Town, or
    3. Creation of a separate corporation for home owners by which common areas shall be owned and maintained, or
    4. Complying with the provisions of the Condominium Ownership Act of 1963, Title 57, 8, Utah Code Annotated, 1953, as amended, which provides for the payment of common expenses for the upkeep of common areas and facilities within condominium portions of a development.
  10. Landscaping, fencing, and screening related to the several uses within the site and as a means of integrating the proposed development into its surroundings shall be presented to the Planning & Zoning Board for approval together with other required plans for development.
  11. The size, location, design, and nature of signs, if any, and the intensity and direction or area of flood lighting shall be described in the application.
  12. A grading and drainage plan shall be submitted to the Planning & Zoning Board with the application.
  13. A planting plan, showing proposed tree and shrubbery plantings, shall be prepared for the entire site to be developed.
  14. The proposed use of the particular location shall be shown as necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community.
  15. It shall be shown that under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety, or general welfare of persons residing in the vicinity, or injurious to property or improvements in the vicinity of the planned unit development. 

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

16.24.040 PERMITTED USES

Subject to the review and approval of the Planning & Zoning Board, uses permitted in a planned unit development shall be those uses which are permitted in the zone district in which the planned unit development is located; provided that for the purposes of this chapter single-family, attached dwellings such as townhouses or zero-lot-line lots shall be considered single-family dwellings and may be permitted in a planned unit development. Planned unit developments shall only be allowed in districts which specifically list them as an allowed use. 

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

16.24.050 GENERAL SITE PLAN

Applications shall be accompanied by a general site plan showing where pertinent:

  1. The use or uses, dimensions, sketch elevations, and locations of proposed structures.
  2. Dimensions and locations of areas to be reserved and developed for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping, and other open spaces.
  3. Architectural drawings and sketches demonstrating the general design and character of the proposed uses and the physical relationship of the uses.
  4. Such other pertinent information including residential density, coverage, and open space characteristics shall be included as may be necessary to make a determination that the contemplated arrangement of buildings and uses makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this ordinance. 

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

16.24.060 REVIEW BY PLANNING AND ZONING BOARD

In order that it may recommend approval of a planned unit development, the Planning & Zoning Board shall have authority to require that the following conditions be met by the applicant:

  1. FINANCIAL ABILITY OF APPLICANTS. That the proponents of the planned unit development have demonstrated to the satisfaction of the Planning & Zoning Board their financial ability to comply with regulations imposed on the proposed project pursuant to this ordinance.
  2. TIME LIMIT. That the proponents intend to start construction within one (1) year of the approval of the project, and any necessary zoning district change, and intend to complete said construction within four (4) years from the date construction begins.
  3. CONFORMITY TO GENERAL PLAN. That the proposed planned unit development conforms to the Levan General Plan in terms of general location, use of land, and standards of development.
  4. RESIDENTIAL ENVIRONMENT. That the proposed development will:
    1. Constitute a residential environment of sustained desirability and stability;
    2. Be in harmony with or complementary to the character of the zoning district; and in the case of multi-family dwellings:
      1. Not create traffic congestion;
      2. Provide for proper entrance and exits and for internal traffic circulation and parking;
      3. Be in harmony with the character of the zone district; and
      4. Have no adverse effect on adjacent or surrounding neighborhoods. 

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

16.24.070 SCOPE OF PLANNING AND ZONING BOARD ACTION

In carrying out the intent of this chapter, the Planning & Zoning Board shall consider the following principles:

  1. It is the intent of this chapter that site and building plans for a planned unit development shall be prepared by a designer or team of designers having professional competence in urban planning. The commission may require the applicant to engage such a qualified designer or design team.
  2. It is not the intent of this chapter that control of the design of a planned unit development by the Planning & Zoning Board be so rigidly exercised that individual initiative be stifled and substantial additional expense incurred; rather, it is the intent of this chapter that the control exercised be the minimum necessary to achieve the purpose of this ordinance.
  3. The Planning & Zoning Board, in carrying out this chapter, shall also observe such of the principles stated under Site Plan Review chapter of this ordinance as are appropriate to the review of a planned unit development.
  4. The Planning & Zoning Board may recommend to the legislative body the approval or disapproval of an application for a planned unit development. In recommending approving an application, the commission may attach such conditions as it may deem necessary to secure compliance with the purposes set forth in the Site Plan Review chapter.

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

16.24.080 CONSTRUCTION LIMITATIONS

  1. Upon approval of a planned unit development, construction shall proceed only in accordance with the plans and specifications approved by the Planning & Zoning Board and in conformity with any conditions attached by the commission to its approval.
  2. Amendments to approved plans and specifications for a planned unit development shall be obtained only by following the procedure herein outlined for first approval of a planned unit development.
  3. If the planned unit development is to be subsequently divided either as a subdivision into (1) phase development parcels, or (2) separately-owned and operated units, such division boundaries shall be indicated on the development plan and preliminary subdivision approval concurrently obtained in accordance
  4. No permit shall be issued for any proposed building, structure, or use within the project unless such building, structure, or use is in accordance with the approved development plan and any conditions imposed in conjunction with its approval. 

HISTORY
Adopted by Ord. 2017-01 on 10/4/2017

2017-01