Whenever used in this chapter:

"Council" means the Magna Council.

"Council Chair" means the chairperson of the Magna Council, or appointed designee.

"Director" means the Director of Planning and Development Services, or appointed agent designated by the director.

"Magna" means Magna, a Municipal Corporation under State Law.

"MSD" means the Greater Salt Lake Municipal Services District, its successor, and/or any agents contracted to provide municipal-type services for and to Magna.

"Magna Ordinance" means the zoning ordinance for Magna.

"Planning and Development Services" means the Planning and Development Office, or MSD-contracted entity providing such services.

"Planning Commission" means the Magna Planning Commission.

"Planning Director" means the Planning and Development Services Director.

"Staff” means employees provided by the MSD to provide land use planning and development services to Magna.

The purpose of the Planned Community (P-C) Zone is to provide a regulatory tool which allows large properties in Magna to be developed in accordance with a specific plan designed to achieve the following purposes:

1. To promote and protect the public health, safety, and welfare.
2. To implement the objectives and policies of the general plan.
3. To safeguard and enhance environmental amenities and the quality of development.
4. To attain the physical, social, and economic advantages resulting from comprehensive and orderly planned use of land resources.
5. To lessen congestion and assure convenience of access.
6. To secure safety from fire, flood, and other dangers.
7. To provide for adequate light, air, sunlight, and open space.
8. To promote and encourage conservation of scarce resources.
9. To prevent overcrowding of land and undue concentration of population.
10. To facilitate the creation of a convenient, attractive, and harmonious community with a desirable living and working environment with unique identity and character.
11. To attain a desirable balance of residential and employment opportunities.
12. To promote a pedestrian friendly environment that encourages transit and bicycle use.
13. To expedite the provision of adequate and essential public services.
14. To facilitate development within Magna in accordance with the general plan by promoting high quality, innovative and creative development that includes a mixture of uses, heights and setbacks, varying densities and lot sizes and sufficient diversity of housing types to meet the full life cycle of housing needs of Magna residents, a harmonious variety of industrial and commercial uses, a high level of amenities, and preservation of open space;
15. To promote more economical and efficient use of the land; and
16. To provide a process for initiation, review, and regulation of large-scale comprehensively planned communities that affords the maximum flexibility to the developer within the context of an overall development program and specific, phased development plans coordinated with the provision of necessary public services and facilities. This chapter establishes an approval and entitlement process to promote inventive and efficient land use patterns that would otherwise be difficult under typical zoning ordinances. Districts within a P-C Zone may include neighborhoods, villages, town centers, business, research or educational campuses, and open space with convenient pedestrian access among residential, commercial, office, retail, and recreational areas. Individual structures within those districts may contain mixed uses. Permitted densities and intensity of land use in villages and town centers may be higher than those permitted in neighborhoods.

Each P-C Zone shall establish land uses and development patterns, densities, and standards unique to that zone. Upon approval, through the process set forth in this chapter, the established land uses and development patterns and densities shall be established pursuant to the P-C Zone Plan and one or more development agreements. The P-C Zone may consist of any number or combination of the following land use districts that shall be identified in the Community Structure Plan as provided in this chapter. Specific land uses proposed in the P-C Zone may only be established in conformance with provisions of this chapter.

Neighborhood: This category is designed for comparatively low density mixed use development that emphasizes residential (single and multi-family) use, but also includes office, commercial, public/semi- public, and recreation/open space uses. Neighborhood residential densities are anticipated to range between 4 and 8 units per gross acre, with no less than 25% of the total units in the 4-5 unit per gross acre range and no less than 25% of the total units 6-8 unit per gross acre range to provide for a variety of housing sizes and types. The remaining 50% of the proposed units can fall anywhere between the 4-8 unit per gross acre range.

Village: This category is designed for medium density mixed use development that includes residential (single and multi-family), office, commercial, public/semipublic, and recreation/open space uses, without a predetermined emphasis on any single use. Village residential densities are anticipated to range between 9 and 20 units per gross acre.

Town center: This category is designed for high density mixed use development that emphasizes office, commercial and recreational uses, but also includes residential (single and multi-family), public/semi- public and open space uses. Town center residential densities may exceed 20 units per gross acre.

Business, Research, or Educational Campus: This category is designed to accommodate a campus dedicated to a mixture of business uses: office, commercial, industrial, recreational, and public/semi- public uses; or to an educational institution, including classrooms, laboratories, offices, housing, educational facilities of all types and other related uses.

Open Space: Landscaped area, natural area or farmland that is established to provide and preserve outdoor recreational, agricultural, or other similar uses. In addition to the open space district, areas of open space may also be provided within the other land use districts as well.

Each P-C Zone shall contain a minimum of 75 acres located in Magna as depicted on the Magna Land Use Plan on file with Planning and Development Services. If the P-C Zone contains multiple owners, the owners may, if necessary, to reach the 75-acre threshold, or if such owners otherwise desire, combine their properties for planning and development purposes.

1. The following uses may be conducted in all areas within a P-C Zone of more than 200 acres:
   1. Residential uses of all types on a range of lot sizes including single family detached; single family attached; multifamily residential; town homes; loft apartments; residential units above ground floor retail, commercial, or office uses, and condominiums.
   2. Retail, service, office, hotel, restaurant, entertainment, and all other commercial uses of any type; Mix of permitted uses (including office/commercial, office/residential, retail/residential) within individual structures.
   3. Home-based businesses following the provisions of this Title.
   4. Healthcare facilities. v. Public facilities, such as schools, libraries, and civic buildings; Common areas, such as plazas, playgrounds, and trails Churches.
   5. Day-care facilities.
   6. Open space, including landscaped areas and areas in natural vegetation, golf courses, parks, recreational areas.
   7. Industrial and manufacturing uses; and
   8. Other accessory uses which are ancillary to, and designed to serve, any of the foregoing uses.
2. The following uses may be conducted in all areas within a P-C Zone containing at least 75 and fewer than 200 acres:
   1. Residential uses of all types on a range of lot sizes including single family detached; single family attached; multifamily residential; town homes; loft apartments; residential units above ground floor retail, commercial, or office uses; and condominiums.
   2. Retail, service, office, hotel, restaurant, entertainment, and all other commercial uses of any type; Mix of permitted uses (including office/commercial, office/residential, retail/residential) within individual structures.
   3. Home-based businesses following the provisions of this Title.
   4. Healthcare facilities.
3. The following use may be conducted in and area zoned P-C:
   1. Public facilities, such as schools, libraries, and civic buildings; Common areas, such as plazas, playgrounds, and trails.
   2. Churches.
   3. Day-care facilities.
   4. Open space, including landscaped areas and areas in natural vegetation, golf courses, parks,
   5. Recreational areas; and
   6. Other accessory uses which are ancillary to, and designed to serve, any of the foregoing uses.

1. If a proposed P-C Zone Plan includes specific land uses identified as conditional uses within a given district, those conditional uses in the P-C Zone Plan must be expressly approved by the Magna City Council in a development agreement with the applicant(s). The Magna City Council's approval of conditional uses in a development agreement does not establish any entitlement for approval of a conditional use and is an additional requirement for approval of a P-C Zone Plan including any conditional use(s). All conditional uses in any P-C Zone require separate review and approval as set forth in this Title. Design standards for conditional uses shall be included with the applicable Project Specific Standards.
2. Within a P-C Zone Plan or Community Structure Plan of properties containing at least 75 acres, but fewer than 200 acres, industrial and manufacturing uses may be allowed as conditional uses, subject to Planning Commission and Council approval. This ordinance will become effective 20 days after publication pursuant to Utah Code Ann. § 10-3-711(l) and Utah Code Ann. § 10-3-712.

Development within the P-C Zone will require the following plans to be prepared and submitted for approval in accordance with this chapter: P-C Zone Plan, CSP, and Project Plans and/or subdivision and condominium plat approval as applicable. The planning and approval process and approving bodies are summarized in the following table:

At the time of application for rezoning, a P-C Zone Plan shall be submitted to the Planning Commission for review and recommendation to the Council. Following recommendation by the Planning Commission, a P-C Zone Plan shall be submitted for review and approval by the Council. A proposed development agreement shall be submitted for approval by the Council in connection with each P-C Zone Plan. The approved P-C Zone Plan and development agreement shall implement and govern development within the applicable P-C Zone but may be amended through standard rezoning procedures or through procedures outlined in the development agreement and shall contain the following information:

1. Name of planned community.
2. Names, addresses, and phone numbers of applicant and property owners.
3. P-C Zone parcel location, legal/boundary description, acreage, scale, and north arrow.
4. A land use table showing the proposed permitted and conditional uses (if applicable), number of dwelling units, height limits, and the total acreage of open space in the P-C Zone and areas (in square footage or acreage) of the various non-residential land uses proposed in the P-C Zone;
5. General descriptions and locations of existing and proposed major infrastructure, including water, sanitary sewer, storm drainage, parks/open space/trails, and street improvements, together with service adequacy analyses for each of these (including the necessity of system improvements within or adjacent to the subject property, if applicable) to justify the dwelling units, open space, and non- residential square footage proposed in the land use table mentioned above;
6. Existing waterways, major utilities, easements, and flood boundary.
7. Adjacent parcels, owners, and uses.
8. Topography and significant features on or adjacent to the property; and
9. Other information deemed necessary by the Director. Subject to conditions or limitations agreed to in the development agreement, the development agreement based on the approved P-C Zone Plan shall confer a vested right to proceed with the development process established in this chapter for the property included within the applicable P-C Zone Plan, including the number of dwelling units and the square footage of nonresidential uses reflected in the approved P-C Zone Plan. Upon approval, the P-C Zone Plan shall constitute an amendment to the Magna general plan for the area covered by the P-C Zone Plan.

Following approval of the P-C Zone Plan, a Community Structure Plan (CSP), together with a development agreement that codifies that plan, shall be submitted to the Director for review and approval by the Planning Commission. The CSP shall contain a contiguous area within the P-C Zone that includes one or more of the following: neighborhoods, villages, business, and research parks, and/or town centers. A CSP shall show the following:

1. Name of planned community.
2. Names, addresses, and phone numbers of applicant and property owners.
3. CSP location, legal/boundary description, acreage, scale, and north arrow.
4. Proposed land use districts (neighborhoods, villages, business and research parks, and/or town centers) boundaries, and acreage; a table showing the number of dwelling units, open space acreage, and acreage of the various non-residential land uses.
5. A master circulation system plan, including a street network, pedestrian circulation, bicycle and trail system plans (including possible equestrian trails), identification of street alignments and right-of-way widths, illustrative cross sections which accommodate and specify vehicular, pedestrian, and bicycle use in the right-of-way. Pedestrian and bicycle trail systems shall connect the land use districts, schools and open space areas and provide linkages to other trail systems in existing or future areas of the P-C Zone and adjacent facilities within the adjacent municipal jurisdictions of Salt Lake County.
6. Existing and proposed waterways and water bodies, major utilities and easements, flood boundary, and flood control facilities.
7. Adjacent parcels, their owners, and their uses.
8. Topography and significant features on or adjacent to the property.
9. Documentation of existing and proposed secondary water rights, shares, and usage, if any.
10. Open space plan providing general description and locations of major open space.
11. Standards that govern the design and maintenance of major public infrastructure improvements (including without limitation sidewalks, street lighting, paving, street furniture, etc.) and general building placement, massing, and design criteria (CSP Design Standards); and
12. Other information deemed necessary by the Director. The Planning Commission shall have the discretion to disapprove a CSP only on the basis of: (1) the failure of the proposed CSP to include all of the elements required in this section; (2) the failure of the proposed master circulation system identified in the CSP within and surrounding the P-C Zone to adequately serve the communities within the P-C Zone; (3) the failure of the proposed major infrastructure identified in the CSP within and surrounding the P-C Zone to provide adequate service to the communities within the P-C Zone; or (4) the inclusion of uses in the CSP not permitted or conditionally permitted under this Chapter. In approving a CSP, the Planning Commission may impose reasonable conditions of approval to mitigate reasonably anticipated detrimental impacts in accordance with Magna City Code of Ordinance Subsection 19.84.060(C)-(D).

Upon approval of a CSP, a Project Plan shall be submitted for review, together with a development agreement that outlines Project Specific Standards establishing in substantial detail the character and nature of the design of public and private improvements within the area covered by the applicable Project Plan (Project Specific Standards) for the applicable portion of the P-C Zone covered by the Project Plan. The purpose of the Project Plan is to allow for the creation and approval of a fully integrated development plan for a specifically identified portion of the applicable P-C Zone. A Project Plan may include vertical and horizontal mixtures of uses on one or more proposed lots, parcels or units located within the boundaries of the proposed Project Plan. Therefore, the Project Plan may identify a combination of proposed subdivisions, condominium projects, and/or site plans, one or more of which may be submitted concurrently for review and approval with the Project Plan. The Project Plan, and each Subdivision Plat or Condominium Project submitted in connection therewith or in furtherance thereof, shall be reviewed and approved by the County staff prior to submittal of the Project Plan and associated development agreement to the Planning Commission for approval. Subdivision Plats (preliminary and final) shall be submitted and approved pursuant to the process and in accordance with the requirements set forth in Title 18, "Subdivisions," of the Magna City Code of Ordinances, and other applicable sections of the code. Application and approval of a preliminary or final subdivision plat may occur before submission of a Project Plan provided Project Specific Standards are submitted and approved contemporaneously with such subdivision plat application and approvals; and provided, further, that the Project Specific Standards and subdivision plat will ultimately be incorporated into an approved Project Plan and associated development agreement. The preliminary and final plats shall conform to the applicable CSP Standards as well as all applicable Project Specific Standards, including any supplemental Project Specific Standards proposed and approved in connection with the applicable final plat.

Site plans may be reviewed concurrently with a Project Plan or Subdivision Plat. Any proposed commercial, office, industrial, multi-family residential, open space, parks, or institutional developments and alterations to existing developments shall be located on legal lots of record created by metes and bounds conveyance with the approval of the Staff or pursuant to subdivision or condominium plats and shall meet the site plan review requirements outlined in chapter 19.02.080 of this Title. All Magna Ordinances and requirements shall be met in preparing site plan applications and in designing and constructing the development. Where applicable, building permits may not be obtained nor shall any site work be performed prior to site plan approval as set forth in section 19.02.130 of this Title.

1. Open Space and Common Areas. Open Space includes parks, trails, natural area, or farmland, which is established to provide and preserve recreational, agricultural, or other similar uses in the P-C Zone as approved by the Planning Commission. Common areas include landscaped areas (including landscaping around schools, colleges, and other civic buildings), athletic fields, gathering places such as plazas, commons, exterior courtyards, public recreational facilities, landscaped medians or park strips that exceed Magna standards, but do not include areas contained within a typical public street cross section. The applicable CSP Standards and Project Specific Standards shall govern the use and character of the open spaces and common areas. Each P-C Zone shall contain a minimum of 20 percent of the gross acreage in a combination of common areas and open space, at least half of which (10% of the gross acreage) shall be open space. These areas shall be designated in the applicable Project Plan and separately identified on any applicable final plat of subdivision or site plan. Open Space recorded as a lot or lots in subdivisions or as common area in condominium plats and shall be maintained with open space or conservation easements or such other arrangement as is approved by the Planning Commission in connection with Project Plan or subdivision or condominium approval.
2. Yard Requirements. Yard requirements shall be determined and governed by the applicable Project Specific Standards established pursuant to the requirements of this Chapter. The following minimum requirements shall apply in the P-C Zone.
   1. Minimum yard areas shall be measured from the front, side and rear lines of lots, condominium private ownership yard areas (where building footprint is not recorded) or from accesses, driveways, or streets (where no property lines or private ownership yard areas exist).
   2. Buildings may not be located within a public right of way or utility easement.
3. Fencing, Screening, Clear Vision. Fencing, screening, and clear vision requirements shall be determined and governed by the applicable Project Specific Standards established pursuant to the requirements of this Chapter. The following requirements shall apply in the P-C Zone.
   1. All mechanical equipment, antennas, loading and utility areas, and trash receptacles shall be screened from view with architectural features or walls consistent with materials used in the associated buildings as more specifically set forth in the applicable Project Specific Standards.
   2. Fences and landscape materials, except for mature trees which are pruned at least 7 feet above the ground, shall not exceed 2 feet in height within a 10 foot triangular area formed by the edge of a driveway and the street right-of-way line or within a 30 foot triangular area formed by the right-of- way lines of intersecting streets.
4. Architectural Standards. Architectural requirements shall be determined and governed by the Project Specific Standards established pursuant to the requirements of this Chapter. The following architectural standards and requirements shall apply in the P-C Zone.
   1. Architectural design of buildings and building materials shall be established in the Project Specific Standards.
   2. All building materials shall be high quality, durable, and low maintenance.
   3. The applicable Project Specific Standards shall address exterior relief of buildings, design of all sides of buildings, and architectural compatibility of buildings.
5. Landscaping Requirements. Landscaping requirements shall be determined and governed by the applicable Project Specific Standards established pursuant to the requirements of this Chapter. The following landscaping requirements shall apply in the P-C Zone.
   1. The applicable Project Specific Standards shall address the landscaping and proper maintenance of required front, side, and rear yards of lots and private ownership areas in the P-C Zone.
   2. All areas of lots and parcels in the P-C Zone not designated for open space, parking, buildings, or other hard surfacing shall be landscaped and properly maintained. Designated open space shall remain in a natural condition, cultivated, or landscaped, and properly maintained in accordance with the Project Specific Standards.
   3. All park strips and public right-of-way areas in the P-C Zone shall be landscaped and properly irrigated and maintained by the applicable property owners in the P-C Zone unless otherwise approved by the Council. All park strip areas shall be installed by the developer and properly maintained by the applicable owners in the P-C Zone. A plan for funding of on-going maintenance of street landscaping by the property owners shall be presented for approval by Staff at the time of site plan approval.
6. Lighting. Lighting requirements shall be determined and governed by the Project Specific Standards established pursuant to the requirements of this Chapter.
7. Other Requirements. The following requirements shall apply in the P-C Zone.
   1. All developments shall be graded according to Magna's engineering and building requirements to provide adequate drainage. Buildings shall be equipped with facilities for the discharge of all roof drainage onto the subject lot or parcel.
   2. The applicable owners shall properly maintain all private areas of individual lots or parcels.
   3. The specific requirements of this Section 110 shall be governed by the Project Specific Standards established pursuant to the requirements of this Chapter and may be modified as the Council deems appropriate pursuant to the terms of the applicable Project development agreement.
   4. All common area improvements including buildings, open space, recreational facilities, roads, fences, utilities, landscaping, walkways, street lights and signs not specifically dedicated to Magna or accepted for ownership or maintenance by Magna shall be perpetually maintained by the applicable owners or their agents through a special taxing district, owners' association with power to assess and collect fees for maintenance or other assessment and maintenance mechanisms acceptable to the Council. Improvements for which Magna agrees to accept maintenance responsibility shall be reviewed by the applicable Magna service provider for compliance with adopted standards prior to approval.
   5. When the building setback and/or building to line is closer than twenty-five (25) feet from a street, a sidewalk or path, an alley, or from a common driveway providing primary access and circulation to other dwelling units, attached and detached garages that face that vehicular access or pedestrian way shall be located so that the garage entry is a maximum of five (5) feet or a minimum of twenty-five (25) feet, at the closest point from the street, pedestrian way, alley or driveway.

In conjunction with the approval of a P-C Zone Plan, CSP, and Project Plan, the developer and Magna shall enter into one or more development agreements reflecting all conditions of approval and terms of the applicable P-C Zone Plan, CSP, and Project Plan, and such other matters as Magna and the developer may agree. The Council chair signs all development agreements. The Council need only approve the development agreement associated with the P-C Zone Plan. Development Agreements entered into with respect to a CSP or Project Plan do not require approval of the Council unless the approved CSP or Project Plan, together with the approved CSP Design Standards or Project Specific Standards, are inconsistent with the conditions and requirements set forth in this Title. Without regard to future amendments, additions or changes to the Magna Ordinance, Magna may agree, in such Development Agreements, that the developer may advance development applications for projects within the applicable P-C Zone pursuant to the planning and approval processes set forth in this chapter, or such other process as is specifically agreed upon pursuant to a development agreement approved by the Council. Such development agreements may further identify a process for approving amendments to an approved P-C Zone Plan, CSP, Project Plan or Subdivision Plat, which shall be approved by the Council to the extent such a process differs from Magna ordinance. Any entitlement granted to the developer under the terms of a Development Agreement shall be subject to amendments, changes, or additions to this chapter if the Council finds that failure to so amend, change, or add to the chapter would constitute a compelling countervailing public interest.