Planned Developments
The purpose of the Master Planned Development (MPD) is to encourage imaginative and efficient utilization of land within large residential developments which are designed to further the objectives of the Town’s General Plan (i.e., to create attractive and desirable environments within the residential and agricultural areas of the Town.)
This chapter should be considered an enhancement to the regulations of Chapter 8 as contained in this code, and more particularly, section 8D.1. These enhancements are negotiable between the developer and the Town. The effective and innovative application of these standards may result in bonuses to the density and structural placement regulations found in Chapter 7 and elsewhere in this code.
All MPD proposals shall demonstrate they can meet the minimum requirements or conditions of any underlying zoning district in which they are located or any other applicable regulations contained in this code. An MPD shall not be used as an instrument to accomplish a land use that would have been prohibited if the project were to be submitted and applied for as a conventional subdivision.
The Land Use Authority may accept or reject a MPD proposal on the basis of the quality of materials used in the project, as well as the architectural design and serviceability of the project. All MPD developments shall be designed to "fit in" and protect the character of the neighborhood in which they are located including the rural atmosphere of the Town. In considering MPD applications, every effort will be made to see that the neighborhood and Town are positively enhanced by the project.
Any proposed subdivision project wishing to utilize the provisions of this Chapter shall involve more than five (5) acres, or shall contain more than ten (10) residential units or lots. MPD approval shall be obtained first from the Land Use Authority, before developers shall be allowed to submit an application for subdivision.
Complete planning of the entire project in all of its phases is critical in the proper application of the MPD. All MPD regulations are in addition to the subdivision regulations of Chapter 8.
HISTORY:
Version 12/1/2022 With Appendices
Ord 2024-10-17, 10/24/2024
A MPD may be allowed as a conditional use in all residential and agricultural zoning districts as designated herein. Once approved by the Land Use Authority, the MPD development plan shall become supplementary to the provisions of the zoning district in which the MPD is located. The Town shall not be required to enforce any of the restrictive covenants recorded pursuant to this Article.
Attached units shall be allowed in all residential zoning districts.
MPDs may include subdivisions, planned developments, twin homes, condominiums, planned developments using manufactured housing, combinations of housing types such as single units and multiple units.
Uses permitted in the MPD shall be limited to those uses permitted in the zoning district in which the MPD is approved.
HISTORY:
Version 12/1/2022 With Appendices
Ord 2024-10-17, 10/24/2024
The base density in lots and/or units per net acre as defined in this section of this Chapter for a MPD shall be as follows:
Zone
Dwelling Units Per Net Acre
R1-20
2 Units/Acre
MU-5
0.2 Units/Acre
In determining the maximum base density of the project, the following areas shall not be included within the boundaries of any lot laid out or counted in determining the maximum base density, except as provided herein:
The Land Use Authority may grant an amenity density bonus and/or an impact density bonus, which may allow the developer of a MPD to exceed the maximum base density for the zoning district in which the MPD is located.
An amenity density bonus shall be defined as an increase over the maximum base density for amenities included in a MPD. Amenities for a particular MPD may vary from those of another MPD because of project type and market for which the project is being built. Types of amenities may include dense landscapes, yard lights, tennis courts, trails, equestrian facilities, recreation areas and parks, permanent open space, common useable agricultural or farming open spaces or other similar features. The Land Use Authority shall consider the total project and the proposed amenities, and determine the amount of amenity density bonus a proposed project may receive. An amenity density bonus may be based on any of the following criteria:
In no case shall the total density, including the maximum base density (with exclusions) and all density bonuses, exceed the following for the zoning district in which the proposed MPD is located:
Zone
Dwelling Units Per Net Acre
R1-20
2.18 Units/Acre
R2
2.18 Units/Acre
MU-5
0.218 Units/Acre
HISTORY:
Version 12/1/2022 With Appendices
Ord 2024-10-17, 10/24/2024
The following minimum MPD area requirements shall also apply for each zoning district:
Zone
Minimum Area
R1-20
5 Acres
MU-5
50 Acres
The Land Use Authority may allow a MPD on smaller parcels than required by this Chapter if the Land Use Authority finds that the proposed MPD meets the standards of Section 9.5.4, and that the benefits of such action outweigh any potential negative effects on surrounding properties.
HISTORY:
Version 12/1/2022 With Appendices
Ord 2024-10-17, 10/24/2024
The developer of a proposed MPD shall submit an application with a fee as established by the Town Council to the Zoning Administrator.
The application form and contents of the MPD plan shall be as follows:
The Land Use Authority may impose such conditions on the development plans as they deem appropriate to meet the goals and objectives of this Chapter. The Land Use Authority may disapprove a MPD which is found to be deficient in meeting the intent of these provisions.
The following documents shall be submitted with an application for MPD.
HISTORY:
Version 12/1/2022 With Appendices
Ord 2024-10-17, 10/24/2024
Failure to submit a preliminary plan within one (1) year of the date of approval of the proposed MPD shall terminate all proceedings and render approval null and void.
After receiving approval by the Land Use Authority for an MPD, the developer shall be required to submit a preliminary plan and final plat consistent with Chapter 8 of this Code.
Variations from the development standards of the underlying zone in which the MPD is located may be permitted by the Town Council, provided the variations are specifically adopted by the Town Council as part of the approved development plans or approved supporting documents. Variations, however, shall not include changes in the permitted land uses the zoning district allows.
HISTORY:
Version 12/1/2022 With Appendices
Ord 2024-10-17, 10/24/2024
The applicant for any MPD shall conduct at least one (1) neighborhood meeting for the residents in the area (i.e., within three hundred feet (300’)) of the proposed MPD to explain the proposed development and to address all neighborhood concerns. Such meeting(s) shall be accomplished prior to the MPD application being scheduled for review by the Recommending Body.
MPDs shall comply with the requirements of this Chapter and the stipulations and requirements of the entire Land Management and Development code, as well as any requirements and conditions of the Land Use Authority. The requirements and standards set forth herein shall apply to any MPD, and are in addition to any other regulations, required by a conventional development not submitted as a MPD.
All land within a MPD shall be either common area, open space, limited common area, dedicated to public use, privately owned as a buildable lot or a combination of the above.
Any slope greater than fifteen percent (15%) may be used as parks or playground areas as approved by the Land Use Authority, but shall not be included in open space calculation requirements.
All dwelling units shall be served by the Town’s water system and the Town’s sewer system. Units must be serviced by the Town’s water supply. All utilities shall be placed underground. Each dwelling unit shall be individually metered for natural gas, electricity, and water. Each building shall be served by a separate sewer lateral and not more than four (4) dwelling units within a building may be connected to one lateral. Each unit will be required to install back flow protection devices and water valves as well as back water valves in sewer lines in multiple unit developments in accordance with the applicable adopted building codes.
Fences are not required. An MPD is desired to maintain an open rural feel.
Dwelling units shall be provided with not less than two (2) parking spaces each, one of which shall be covered. In addition, one half (.5) parking space for each dwelling unit shall be developed for guest parking within the development unless the streets provided within the development are constructed to a width which will accommodate travel lanes as well as parking lanes. Guest parking shall be located within one hundred fifty feet (150') of the dwellings served. All parking spaces, parking areas, and driveways shall be hard surfaced and properly drained. Drainage shall not be channeled or caused to flow across pedestrian walkways or trails.
Each lot or parcel of land located in residential zoning districts shall abut along the right-of-way line of a public street for a minimum distance of one hundred twenty feet (120') for lots of twelve thousand square feet (12,000 sq. ft.) or more. Frontage shall be measured at the thirty foot (30') setback of the property line at the farthest point into the lot.
Common areas of an MPD development shall be developed according to the plan approved by the Land Use Authority and maintained in accordance with the provisions of this Chapter. Common or privately held open spaces must be perpetually dedicated as such through appropriate deed restrictions or conservation easements, as determined by the Town.
All storage and solid waste receptacles which are not located within a building shall be enclosed within a sight obscuring structure or fence compatible with the design of the development. Residential type garbage cans under eighty (80) gallons in capacity are excluded from this requirement.
A MPD which contains more than four (4) attached units shall provide an enclosed area with a paved surface for the storage of operable and licensed recreational vehicles. This area shall be developed at the ratio of one hundred forty square feet (140 sq. ft.) of storage area for each attached dwelling unit. The structure enclosing the recreational vehicle storage area shall be six feet (6’) in height. Said enclosure may be required to be sight obscuring for all or part of the length thereof, when, in the opinion of the Land Use Authority it is necessary to preserve the character and aesthetic qualities of the development or surrounding areas.
Where covenants, conditions, and restrictions are imposed upon a MPD, two (2) copies of the Declaration of Covenants, Conditions, and Restrictions shall be submitted to the Town signed and prepared for recording at the Box Elder County Recorder's Office prior to approval of the subsequent final plat.
Prior to the recording of any documents concerning an approved MPD including subsequent plat(s) and prior to the issuance of any building permit on ground covered by a MPD, a bond sufficient in amount to cover the cost of all off-site and on-site improvements required by this Chapter and all stipulations and requirements of the Land Use Authority shall be required. The bond shall be a guarantee that the proper installation of all required improvements, including amenities, shall be completed within one (1) year of recordation of the approved final plat. This guarantee bond shall also assure that the improvements shall remain free from defects for six (6) months or until April 15 of the following year, whichever is longer, and shall not be released until the improvements are accepted by the Town. Said bond shall be in the form prescribed by the Subdivision Ordinance of the Town, and in an amount as reasonably set forth by the Town Engineer.
Any lands deemed as sensitive lands by this Code or the Town must be protected as designated in the Sensitive Lands Overlay Zone and shall not be included in the open space calculation requirements.
All on-site and off-site infrastructure required for the impacts of the entire MPD in all of its phases must be installed concurrently and operational by the time the first phase is completed and certificates of occupancy are issued. All Guarantees on the improvements begin when the certificates of occupancy are issued and must last one year from that point in time. Bonds required in this chapter as well as the Subdivision Regulations and Ordinance of this code must cover completion of all improvements. These improvements include, but are not limited to: Water and sewer plants, lines, storage tanks and other facilities. Storm drainage and irrigation facilities, streets and roads, public utilities, fire protection systems, public safety systems and improvements, school and educational facilities, and any other improvements deemed necessary in this Chapter, or Chapter One, Three, Eight and Ten of this Code.
HISTORY:
Version 12/1/2022 With Appendices
Ord 2024-10-17, 10/24/2024
HISTORY:
Version 12/1/2022 With Appendices
Ord 2024-10-17, 10/24/2024
HISTORY:
Version 12/1/2022 With Appendices
Ord 2024-10-17, 10/24/2024
Zero lot line developments are not permitted.
HISTORY:
Version 12/1/2022 With Appendices
Ord 2024-10-17, 10/24/2024
HISTORY:
Version 12/1/2022 With Appendices
Ord 2024-10-17, 10/24/2024