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North Salt Lake City Zoning Code

CHAPTER 13

PLANNED DISTRICT P

10-13-1: PURPOSES:

The purposes of the Planned District are:
   A.   To encourage and provide a means for effectuating desirable development through the use of flexibility in siting, mixed land uses and/or varied dwellings or other buildings.
   B.   To preserve the amenities and compatibility of P Districts by adoption of a general development plan showing proper orientation, desirable design character and compatible land uses.
   C.   To provide for orderly preplanning and long term development or redevelopment of properties with a mixture of land uses; supports the consolidation of properties into a unified ownership or development control; and ensures the creation of a cohesive development plan that will be economically viable, sustainable, and implements the goals and objectives of the North Salt Lake General Plan, Town Center Plan, redevelopment areas, or other area plans as adopted.
   D.   To give the developer reasonable assurance that phased development plans prepared in accordance with an approved general development plan will be acceptable to the City.
   E.   To enable the adoption of measures providing for development of the surrounding area in character compatible with the Planned District. (Ord. 2018-11, 10-2-2018)

10-13-2: STANDARDS AND REQUIREMENTS:

The following provisions shall apply in a P District, which district shall also be subject to other provisions of this title, except that where conflict in regulations occurs, the regulations specified in this chapter, or on a general development plan approved pursuant to this chapter, shall apply:
   A.   P Districts may be established on parcels of land which are suitable for, and of sufficient size, to be planned and developed in a manner consistent with the purposes and objectives of this chapter, the North Salt Lake General Plan, the Town Center Master Plan, redevelopment areas, or other area plans as adopted. Having considered recommendation from the Planning Commission, the City Council may deny General Development Plan approval and P-District rezone of projects that do not adequately consolidate sufficient property to address the goals and objectives of the General Plan, Town Center Master Plan, Redevelopment District or that may impede future development on parcels in the planning area.
   B.   No ordinance establishing a P District shall be adopted unless and until there is on file with the City written consent of every property owner within such district at the time of adoption of the ordinance, agreeing:
      1.   That the owner(s) will be bound by their conditions and regulations adopted and which will be effective within the district; and
      2.   To record such written agreement with the Davis County Recorder.
   C.   Before detailed studies of any P District development plans shall be undertaken by the planning staff or the Planning Commission, there shall be on file with the City the written request of all property owners within the proposed district that such detailed studies be made.
   D.   The applicable zoning regulations in a Planned District shall be established by development agreement and may include:
      1.   Permitted or conditional permitted land uses, including accessory uses;
      2.   Minimum development area or lot size;
      3.   Maximum building height;
      4.   Landscaping;
      5.   Fencing;
      6.   Signage;
      7.   Parking;
      8.   Required amenities, private or public;
      9.   Circulation: pedestrian and vehicular;
      10.   Building design standards, including, but not limited to architectural theme, materials and colors;
      11.   Other site specific regulations as deemed appropriate.
   E.   Planned District regulations, which are inconsistent with zoning regulations in this title, shall have precedence with the exception of subdivision processes, standards for public improvements, and Building Codes, including plumbing, mechanical, and electrical regulations. For those regulations not specifically addressed in the development agreement, adopted ordinances and regulations shall apply. (Ord. 2018-11, 10-2-2018)

10-13-3: STEP 1 - GENERAL DEVELOPMENT PLAN AND P-DISTRICT APPLICATION:

   A.   An application for General Development Plan (GDP) and P-District rezone review shall be submitted by the property owner or an authorized representative. All plans shall be prepared by a licensed/certified professional, such as an architect, landscape architect, planner, engineer, surveyor, etc. The requirements for a complete site plan review application are:
      1.   Conceptual Site Plan, including a current survey and legal description, vehicular and pedestrian circulation, proposed building placement, setbacks, streetscape, parking, fire protection, fencing, and signage locations, plus any other information required for conceptual site plan review;
      2.   Conceptual Landscape Plan, including open space, recreation equipment, and other proposed community amenities; and
      3.   Conceptual Building Plan(s), including elevations, height, materials, and proposed colors.
   B.   Upon receipt of a complete application to the Community Development Department, the application shall be reviewed by the Development Review Committee (DRC). The DRC shall provide written comments to the applicant regarding the proposed General Development Plan within fourteen (14) days of receipt. The applicant may request a meeting with the DRC or staff to discuss the comments. Upon receipt of a written response to the comments and any revised submittal, the DRC shall review the resubmittal and make a recommendation on the application to the Planning Commission. Once a recommendation has been made by the DRC, the Community Development Department shall schedule a public hearing before the Planning Commission and provide written notice to property owners within three hundred feet (300') of the boundary of the proposed project, as required by Utah State Code 10-9a-502.
   C.   The Community Development Department shall provide to the Planning Commission copies of all pertinent documents, plans, and maps related to the project, along with a draft of the proposed land use regulations to be contained within the final development agreement and rezone ordinance.
   D.   After conclusion of the public hearing the Planning Commission may recommend to the City Council the approval of a General Development Plan, subject to final review and approval of the rezone request and development agreement.
   E.   Upon receipt of the recommended general development plan, the City Council may accept or modify the proposed general development plan, subject to final review and approval of the rezone request and development agreement.
   F.   Phased development plans shall include subdivision plans and/or planned unit development plans which shall become part of the general development plan. (Ord. 2018-11, 10-2-2018)

10-13-4: STEP 2 - FINAL REZONE APPROVAL:

   A.   Upon approval of the General Development Plan by the City Council, the applicant shall submit application for concurrent review either a preliminary subdivision plan or a final site plan application, as applicable. Applications shall address any issues or concerns raised by the City Council at General Development Plan approval along with any conditions of said approval.
   B.   Upon receipt of complete preliminary subdivision plan or site plan application, the application shall be reviewed by the Development Review Committee (DRC). The DRC shall provide written comments to the applicant within fourteen (14) days of receipt. The applicant may request a meeting with the DRC or staff to discuss the comments. Upon receipt of a written response to the comments and any revised submittal, the DRC shall review the resubmittal and make a recommendation on the application to the Planning Commission.
   C.   Once a recommendation has been made by the DRC, the Community Development Department shall schedule a public meeting before the Planning Commission for review of the application and final recommendation on the final P-District rezone request, including the proposed P-District land use regulations to be contained within the development agreement.
   D.   The Community Development Department shall provide to the Planning Commission copies of all pertinent documents, plans, and maps related to the project, along with the proposed P-District land use regulations to be contained within the final development agreement and rezone ordinance.
   E.   At the public meeting the Planning Commission may recommend to the City Council the approval of a P-District rezone request and proposed P-District land use regulations to be contained within the final development agreement and rezone ordinance.
   F.   In a separate motion the Planning Commission may recommend to the City Council approval of the proposed preliminary subdivision plan or site plan, as applicable, or may table action on the proposed preliminary subdivision plan or site plan, pending final action on the rezone request by the City Council.
   G.   Upon receipt of the recommended P-District rezone request and P-District land use regulations, the City Council may by ordinance establish a P District; provided, that it finds that the facts submitted with the application(s) and presented at the public meetings establish that:
      1.   The proposed P District, or the primary phase(s) thereof, can be substantially completed within two (2) years of the establishment of the P District.
      2.   The primary phase of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability, or that adequate assurance will be provided that such objective will be attained; and that the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts.
      3.   The streets proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the P District.
      4.   Commercial development can be justified economically at the locations proposed, if any, to provide commercial facilities.
      5.   The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
      6.   Any exception from standard ordinance requirements is warranted by the design and amenities incorporated into the final plan.
      7.   The P District is in conformance with the City general land use plan.
      8.   Existing or proposed utility services are adequate for the population and use densities proposed. (Ord. 2018-11, 10-2-2018)

10-13-5: DEVELOPMENT PLAN AND AGREEMENT TO CONSTITUTE PLANNED DISTRICT REQUIREMENTS:

   A.   At the time of adoption of any ordinance establishing a P District, the City and the developer shall enter into a development agreement to define the development, its uses, street pattern, public and private improvements, open spaces, public dedications and grants of easements, and any other specifics about the project deemed necessary for the overall project. The development agreement shall include a list of all permitted and conditional uses in the project and building standards, to include setbacks, building height, lot coverage, and other regulations related to the siting of buildings.
   B.   The development agreement shall include the general development plan which shall guide all development within the specific project being approved. The general development plan shall consist of a site plan and landscape plan containing the following: survey and legal description, vehicular and pedestrian circulation, proposed building placement, setbacks, streetscape, parking, fire protection, fencing, signage locations, open space/parks, streetscape and building setback diagrams, along with conceptual building elevations and design schemes, plus any other information required for preliminary site plan approval. If, in the course of developing the project, changes are to be made to the general development plan which are substantially different from the general development plan, a new general development plan shall be considered for recommendation by the Planning Commission and adopted by the City Council and a new public hearing held. "Substantially different" means any increase in the gross residential density, an increase or decrease in use greater than ten percent (10%) of the total project floor area, a twenty percent (20%) or greater change in the gross floor area of a project or a change in specific use, commercial or residential. Realignment of streets or utility improvements when no change in overall use occurs shall not be considered "substantially different".
   C.   The approved general development plan shall be considered an integral part of the land use regulations for the area being approved and developed. Substantial variation between the general development plan and any phased development plans shall require review and recommendation from the Planning Commission and approval from the City Council, and a new public hearing. "Substantial variation" means any increase in gross residential density, and increase or decrease in use greater than ten percent (10%) of the total project floor area, or any addition, modification or alteration to a building or site plan that exceeds twenty percent (20%) of the gross floor area. Modifications to street alignments, when the uses contained on those streets do not change, shall not constitute a "substantial variation" under this subsection. All modifications must meet the minimum standards set forth in the development agreement and by this title.
   D.   Upon approval of the development agreement, which shall include the general development plan, and the zoning map amendment, all approved uses shall be processed based on the standards approved in the development agreement. (Ord. 2018-11, 10-2-2018)

10-13-6: CONDITIONS UNDER WHICH PLANNED DISTRICT MAY REVERT TO ORIGINAL ZONING:

   A.   If no development has occurred to effectuate a P District development within two (2) years after the district is created, the City Council may direct the Planning Commission to schedule a public hearing to determine whether or not it is in the public interest to rezone the P-District to the previous zone or another appropriate zone. If the Planning Commission so recommends, the City Council may repeal the original P-District ordinance or adopt a new ordinance rezoning the property to an appropriate zone.
   B.   If the land within a P District is sold to a new owner, the City Council shall require the new owner to accept in writing all obligations and guarantees required by the development agreement of the original owner. In the event that such written agreement is not provided, the City Council may direct the Planning Commission to schedule a public hearing to determine whether or not it is in the public interest to rezone the P-District to the previous zone or another appropriate zone. If the Planning Commission so recommends, the City Council may repeal the original P-District ordinance or adopt a new ordinance.
   C.   If the owner or developer of the P District is unwilling or unable to carry out the requirements of the development agreement because claimed adequate water supplies, wastewater disposal, streets or other major elements of approval cannot or will not be provided as required, the City Council may stop all development in the district until such failure has been remedied or may initiate a rezoning of the property to the original zoning which existed prior to creation of the P District, in the manner described above, without waiting for the two (2) year period provided above. (Ord. 2018-11, 10-2-2018)