The purpose of Affordable Master Planned Developments is to:

1. Incentivize public, private, and public-private development of Affordable Units for the workforce of Park City;
2. Create developments that include market-rate and Affordable Units and increase housing opportunities that are affordable to a wide range of incomes;
3. Increase Building Height and Density and decrease parking requirements for Affordable Units if impacts to the community are mitigated;
4. Ensure neighborhood Compatibility; and
5. Encourage mixed-use, walkable, and sustainable development and redevelopment that provides innovative and energy efficient design, including innovative alternatives to reduce impacts of the automobile on the community.

1. Affordable Master Planned Developments must contain at least ten (10) Residential Unit Equivalents (20,000 square feet).
2. At least fifty percent (50%) of Affordable Master Planned Development Residential Unit Equivalents shall be Affordable Units.
3. Affordable Units may differ from market rate units with regard to interior amenities and Gross Floor Area provided that:
   1. These differences, excluding differences related to size, are not apparent in the general exterior appearances of the market-rate units within the Affordable Master Planned Development;
   2. These differences do not include insulation, windows, heating systems, and other features related to the energy efficiency of the Affordable Master Planned Development.
4. Nightly Rentals and Timeshares are prohibited for market-rate and Affordable Units within an Affordable Master Planned Development.

1. ZONING DISTRICTS. Affordable Master Planned Developments are Allowed in the following Zoning Districts:
   1. Residential Development
   2. Residential Development Medium
   3. Residential Medium
   4. Recreation Commercial
   5. General Commercial
   6. Light Industrial
   7. Community Transition
   8. Historic Commercial Business
      
   9. Historic Recreation Commercial, east of Park Avenue
      
2. USES. An Affordable Master Planned Development can only contain Uses that are Allowed or Conditional in the Zoning District in which it is located.
3. COMMERCIAL USES. An Affordable Master Planned Development may include up to 10,000 square feet of Commercial, Retail, Office, Public, and Quasi-public Uses.

1. PRE-APPLICATION CONFERENCE. An Applicant may request a pre-Application conference with Planning Department staff to become acquainted with the Affordable Master Planned Development procedures and requirements.
2. APPLICATION. An Applicant shall submit a Complete Application for an Affordable Master Planned Development to the Planning Department. The Application shall include written consent by all Owners of the Property to be included in the Affordable Master Planned Development. The Planning Director shall assign the Application to a staff planner who will review the Application for completeness. The staff planner will inform the Applicant if additional information is required to constitute a Complete Application.
3. PUBLIC OUTREACH. It is recommended that the Applicant conduct public outreach and that the Applicant host neighborhood meetings prior to submitting an Application for an Affordable Master Planned Development.
4. WORK SESSION. After the staff planner determines an Affordable Master Planned Development Application is complete, the Applicant may request a work session with the Planning Commission in order to provide an opportunity for the public and the Planning Commission to give preliminary input.
5. ADDITIONAL STUDIES. The Planning Commission may require Applicants to submit and fund additional studies for Affordable Master Planned Development proposals that significantly increase the Density and intensity of Use of a Site. If the Planning Commission requires an Applicant to submit a traffic study, the Transportation Department and City Engineer shall recommend a method of modeling and scope of the study area.
6. PLANNING COMMISSION REVIEW. The Planning Commission is the primary review body for Affordable Master Planned Developments.
7. PUBLIC HEARING. The Planning Commission is required to hold a public hearing prior to taking action on an Affordable Master Planned Development. Multiple public hearings may be necessary for larger, complex projects. Staff shall notice each public hearing in accordance with Sections 15-1-12 and 15-1-21.
8. PLANNING COMMISSION ACTION. The Planning Commission shall approve, approve with modifications, or deny a requested Affordable Master Planned Development, based on the findings outlined in Section 15-6.1-12. The Planning Commission action shall be in the form of written findings of fact, conclusions of law, and in the case of approval, conditions of approval.
9. APPEALS. Appeals of Planning Commission action shall be conducted in accordance with Section 15-1-18.

1. DEVELOPMENT AGREEMENT. Planning Commission approval of an Affordable Master Planned Development shall be put in the form of a Development Agreement approved by the City Attorney and shall contain, at a minimum, the following:
   1. A legal description of the land;
   2. All relevant zoning and Land Management Code parameters, including all findings, conclusions, and conditions of approval, specifying any exceptions;
   3. An express reservation of the future legislative power and zoning authority of the City;
   4. A provision to allow for minor, administrative modifications without revision of the Agreement;
   5. A copy of the approved Site plan, architectural plans, Landscaping plans, Grading plan, trails and Open Space plans, and other plans, which are a part of the Planning Commission approval;
   6. A description of all Developer exactions or agreed upon public dedications;
   7. Developer agreement to pay all specified impact fees;
   8. The Initial Purchase Price of the Affordable Units, as defined in the Housing Resolution in effect at the time of a Complete Application;
   9. The form of ownership anticipated for the project;
   10. A specific project phasing plan;
   11. A list and map of all known Physical Mine Hazards on the Property, as determined through the exercise of reasonable due diligence by the Owner, as well as a description and GPS coordinates of those Physical Mine Hazards;
   12. A map and inventory of all Historic Structures on the Property and a Historic Structures Report prepared by a qualified Historic Preservation Professional.
2. DEVELOPMENT AGREEMENT RATIFICATION.
   1. The Applicant shall submit a draft Development Agreement to the Planning Department within six (6) months of the date the Planning Commission approved the Affordable Master Planned Development or the Planning Commission approval shall expire.
   2. The Planning Commission shall hold a public hearing prior to ratifying a Development Agreement.
   3. A Development Agreement ratified by the Commission shall be signed by the Mayor and the Applicant and recorded with the Summit County Recorder within eighteen (18) months of Planning Commission approval.
3. LENGTH OF APPROVAL. Construction, as defined by the International Building Code, is required to commence within two (2) years of the date of the execution of the Development Agreement. After construction commences, the Affordable Master Planned Development shall remain valid as long as it is consistent with the approved project phasing plan set forth in the Development Agreement. The project phasing plan may require Planning Commission review and reevaluation of the project at specified points in the Development of the Affordable Master Planned Development.
4. EXTENSION. The Planning Commission may grant an extension of an Affordable Master Planned Development for up to two (2) additional years when the Applicant demonstrates no change in circumstance that would result in unmitigated impacts or that would result in a finding of non-compliance with the Affordable Master Planned Development requirements in the Land Management Code in effect at the time of the extension request. Change in circumstance includes physical changes to the Property or surrounding Properties. Applicants must submit a written extension request to the Planning Department prior to the expiration of the Affordable Master Planned Development. Staff shall notice extension request public hearings according to Sections 15-1-12 and 15-1-21.
5. MODIFICATIONS. The Planning Commission shall determine whether a proposed modification to an approved Affordable Master Planned Development is minor or substantive.
   1. Minor Modification. A minor modification to an approved Affordable Master Planned Development is a modification that complies with the Land Management Code and Affordable Master Planned Development approval and does not trigger additional Off-Street Parking requirements, does not reduce Open Space, and does not increase traffic by 5% or more as demonstrated by a traffic generation study. The Planning Director shall review and take Final Action on a minor modification to a Master Planned Development and shall issue an Administrative Permit for an approval. The Administrative Permit approval may be appealed to the Planning Commission.
   2. Substantive Modifications. Substantive modifications to an approved Affordable Master Planned Development create additional impacts and require review of the entire Affordable Master Planned Development and Development Agreement by the Planning Commission, unless otherwise specified in the Development Agreement. Substantive modifications include but are not limited to a change to a Finding of Fact or Condition of Approval, a change in Use or an increase in Floor Area that triggers additional Off-Street Parking requirements, a change in Use or an increase in Floor Area that generates more than a 5% increase in traffic demonstrated by a traffic generation study, or a reduction in Open Space.
6. SITE SPECIFIC APPROVALS. Any portion of an approved Master Planned Development may require additional review by the Planning Commission as a Conditional Use, if so required by the Planning Commission at the time of the Affordable Master Planned Development approval.
   1. Site specific approvals must comply with the review criteria of the Affordable Master Planned Development approval and the Conditional Use permit criteria in Section 15-1-10.
   2. The Planning Department will review Site specific plans, including Site layout, architecture, and Landscaping plans for compliance with the Affordable Master Planned Development approval and Land Management Code prior to issuance of Building Permit.

1. Density for Affordable Master Planned Developments is not determined by the underlying Zoning District, except for the Historic Commercial Business Zoning District (see Subsection B). Rather, Density for Affordable Master Planned Developments is volume based and is determined by the requirements outlined in this Affordable Master Planned Development Chapter. Setbacks shall comply with Section 15-6.1-7, Building Height and Facades shall comply with Section 15-6.1-8, parking shall comply with Section 15-6.1-9, Open Space shall comply with Section 15-6.1-10, and Site planning shall comply with Section 15-6.1-11.
   
2. Affordable Master Planned Developments in the Historic Commercial Business Zoning District shall comply with Sections 15-2.3-8, 15-2.6-5, and 15-2.6-7.

1. The minimum Setback around the exterior boundary of an Affordable Master Planned Development is twenty-five feet (25') for Property greater than two (2) acres.
   1. The Planning Commission may decrease the required perimeter Setback from twenty-five feet (25') for Affordable Master Planned Developments greater than two (2) acres to the zone-required Setback to provide architectural interest and variation.
2. For Property two (2) acres or less, the minimum Setback around the exterior boundary of an Affordable Master Planned Development shall be the zone-required Setback.
3. For perimeter Setbacks or Setbacks within the Affordable Master Planned Development, the Planning Commission may increase Setbacks to retain existing Significant Vegetation or natural features, to create an adequate buffer to adjacent Uses, or to meet Historic Compatibility requirements.
4. The Planning Commission may reduce Setbacks within the project boundary, but not perimeter Setbacks, from those otherwise required in the Zoning District to match an abutting zone-required Setback, provided the project meets minimum International Building Code and Fire Code requirements, maintains the general character of the surrounding neighborhood in terms of mass, scale, and spacing between Structures, and meets Open Space criteria.
5. Final Setback approvals shall be specified as a Finding of Fact in the Affordable Master Planned Development approval, in the Development Agreement, and on each plat within the Affordable Master Planned Development.
6. There are no minimum required Setbacks for Affordable Master Planned Developments in the Historic Commercial Business Zoning District. Building and Fire Code separation regulations apply.

1. BUILDING HEIGHT. With the exception of the Historic Commercial Business Zoning District, Affordable Master Planned Development Building Height shall comply with the underlying Zoning District Building Height for the perimeter Building Façade planes. Building Height is forty-five feet (45’) from Existing Grade when the following criteria are met:
   1. The Building includes a ten foot (10’) stepback on all perimeter Building Façade planes from the underlying Zoning District Building Height to the forty-five foot (45’) Building Height;
   2. Infrastructure is in place or can be updated to meet the increased demand; and
   3. The Building complies with Building Façade variation requirements.
2. EXCEPTIONS. The following may exceed the Building Height:
   1. Antennas, chimneys, flues, vents, and similar Structures may extend up to five feet (5’) above the highest point of the Building to comply with International Building Code requirements;
   2. Water towers, mechanical equipment, and Solar Energy Systems, when enclosed or Screened, may extend up to five feet (5’) above the forty-five foot (45’) Building Height; and
   3. Elevator Penthouses may extend up to eight feet (8’) above the forty-five foot (45’) Building Height.
3. STEPBACK EXCEPTIONS.
   1. Chimneys not more than five feet (5’) wide and projecting not more than two feet (2’) into the stepback.
   2. Roof overhangs or eaves projecting not more than two feet (2’) into the stepback.
   3. Window sills, belt courses, trim, exterior siding, cornices, or other ornamental features projecting not more than six inches (6”) beyond the main Structure to which they are attached.
   4. Rooftop Decks projecting not more than six feet (6’) into the stepback.
   5. Solar Energy Systems.
   6. Green Roofs.
   7. Rooftop gardens projecting not more than six feet (6’) into the stepback.
   8. Screened mechanical equipment, hot tubs, or similar Structures projecting not more than six feet (6’) into the stepback.
4. FAÇADE VARIATION.
   1. Buildings greater than sixty feet (60') but less than one-hundred-twenty feet (120’) in length must exhibit a prominent shift in the Façade of the Building so that no greater than seventy-five percent (75%) of the length of the Building Façade appears unbroken. Each shift shall be in the form of either a ten foot (10') change in Building Façade alignment or a ten foot (10') change in the Building Height, or a combined change in Building Façade and Building Height totaling ten feet (10').
   2. Structures that exceed one-hundred-twenty feet (120’) in length on any Façade shall provide a prominent shift in the mass of the Building at each one-hundred-twenty-foot (120’) interval, or less, reflecting a change in function or scale. The shift shall be in the form of either a fifteen foot (15') change in Building Façade alignment or a fifteen foot (15') change in the Building Height. A combination of both the Building Height and Building Façade change is encouraged and to that end, if the combined change occurs at the same location in the Building plan, a fifteen foot (15') total change will be considered as full compliance.
   3. The Façade length and variation requirements apply to all sides of a Building.
5. Building Height in the Historic Commercial Business Zoning District shall comply with Section 15-2.6-5.

1. Affordable Master Planned Developments shall comply with Chapter 15-3, Off-Street Parking.
2. The Applicant may request that the Planning Commission reduce the parking required by Section 15-3-6, Parking Ratio Requirements For Specific Land Use Categories. To request a parking reduction, the Applicant must:
   1. Demonstrate that parking reductions materially increase the feasibility of the proposed Affordable Master Planned Development;
   2. Fund and submit a parking and traffic study completed by a third party selected by the City; and
   3. Demonstrate that the proposed Affordable Master Planned Development sufficiently addresses the parking demand for the project.
3. If the Planning Commission approves a reduction in the parking requirements, the Applicant shall submit a parking management plan for Planning Commission review and approval prior to the issuance of a Certificate of Occupancy for any portion of the Affordable Master Planned Development.
   1. The Planning Commission may amend the parking management plan at any time to address changing circumstances.
4. The Planning Commission may reduce the parking required by Section 15-3-6, Parking Ratio Requirements For Specific Land Use Categories, for Affordable Master Planned Developments according to one or more of the criteria outlined below:
   1. On sites that are one acre or less by deducting 5,000 square feet per 15,000 square feet of Gross Floor Area for each floor from the sum of total floor area that is used to calculate parking requirements;
   2. Parking in the Right-of-Way along the perimeter of the Affordable Master Planned Development Site is available;
   3. A clear and irrevocable agreement authorizes Affordable Master Planned Development residents to park in an off-Site Parking Area or Parking Structure that is located within 1,000 feet of the Affordable Master Planned Development perimeter boundary;
   4. The Affordable Master Planned Development is within ¼-mile from a bus stop that includes a waiting shelter consistent with City standards;
   5. On-Site parking is provided for motorcycles and/or scooters;
   6. Bicycle parking exceeds the requirements of Section 15-3-9;
   7. The Affordable Master Planned Development provides dedicated parking spaces for resident carshare vehicles.
5. The Planning Commission may not reduce Affordable Master Planned Development parking requirements below the ratio outlined in Table 1:
   
   Table 1
   

   Unit Size	Market-Rate Units	Affordable Units
   <600 SF	0.5 spaces per unit	None
   600-1,000 SF	1 space per unit	0.5 spaces per unit
   1,000-2,000 SF	1.5 spaces per unit	1 space per unit
   >2,000 SF	2 spaces per unit	1.5 spaces per unit

   
   
6. In mixed-use Affordable Master Planned Developments, the Commercial, Retail, Office, Public, and/or Quasi-public Uses shall meet the parking requirements outlined in Chapter 15-3.
7. See Section 15-2.6-12 for Affordable Master Planned Development Parking in the Historic Commercial Business Zoning District.

1. Affordable Master Planned Developments shall contain a minimum of twenty percent (20%) Open Space. On-Site amenities, such as playgrounds, trails, recreation facilities, bus shelters, and significant landscaping are encouraged. Open Space may not be used for Streets, roads, or Parking Areas.
2. The Planning Commission may decrease the required Open Space for projects located within 300 feet (300’) of a Public Use, including but not limited to a public park, Recreation Open Space, public trail, public school, or Public Recreation Facility.

An Affordable Master Planned Development shall be designed to take into consideration the characteristics of the Site upon which it is proposed to be placed. The Development should be designed to fit the Site, not the Site modified to fit the project. The Applicant shall address the following in the Site planning:

1. CLUSTERED DEVELOPMENT. Units shall be clustered on the most developable and least visually sensitive portions of the Site. Open Space shall separate the clusters. The Open Space should be designed so that existing Significant Vegetation is maintained on the Site.
2. GRADING. Projects shall be designed to minimize Grading and the need for large retaining Structures. Roads, utility lines, and Structures should be designed to work with Existing Grade. Cuts and fills shall be minimized.
3. TRAILS. Existing trails shall be incorporated into the Open Space elements of the project and shall be maintained in their existing location whenever possible. Applicants may be required to grant the City a trail easement to connect proposed trails with existing trails. Construction of new trails shall be consistent with the Park City Trails Master Plan.
4. INTERNAL CIRCULATION. Adequate internal vehicular, pedestrian, and bicycle circulation shall be provided. Pedestrian and bicycle circulations shall be separated from vehicular circulation and shall provide safe travel within the boundaries of the Affordable Master Planned Development and safe travel to adjoining public sidewalks, trails, and Rights-of-Way. Private internal Streets may be considered for Condominium projects if they meet the minimum emergency and safety requirements.
5. SNOW REMOVAL. The Site plan shall include adequate Areas for snow removal and snow storage. The Landscaping plan shall allow for snow storage Areas. Structures shall be set back from any hard surfaces so as to provide adequate Areas to remove and store snow. Snow shall be stored on-Site, unless otherwise approved by the Planning Commission.
6. TRASH AND RECYCLING. The Site plan shall include adequate Areas for trash and recycling containers and shall include an adequate circulation area for pick-up vehicles. Convenient pedestrian Access shall be provided within the Affordable Master Planned Development to the trash and recycling containers. No Site plan with a Commercial Development or Multi-Unit Dwelling shall be approved unless there is a mandatory recycling program, which may include Recycling Facilities for the Site. Single Family Dwellings shall include a mandatory recycling program with curb side recycling, and may also include Recycling Facilities. The Recycling Facilities shall be identified on the Site plan to accommodate for materials generated by the tenants, residents, users, operators, or owners of such Master Planned Development. Such Recycling Facilities shall include, but are not limited to, glass, paper, plastic, cans, cardboard or other household or commercially generated recyclable and scrap materials. Centralized trash and recycling containers shall be located in a completely enclosed Structure with a pedestrian door and a truck door or gate. The enclosed Structure shall be designed with materials that are compatible with the principal Structures in the Affordable Master Planned Development and shall be constructed of masonry, steel, or other substantial materials. The Structure shall be large enough to accommodate a trash container and at least two recycling containers to provide for the option of dual-stream recycling.
7. TRANSPORTATION AMENITIES. The Site plan shall include transportation amenities including drop-off Areas for van and shuttle service, and a bus stop, if applicable.
8. SERVICE AND DELIVERY. Access and loading/unloading Areas must be included in the Site plan. The service and delivery should be kept separate from pedestrian Areas.
9. LANDSCAPE AND LIGHTING. A preliminary Landscaping plan must be submitted with the Affordable Master Planned Development Application. The Landscaping plan shall comply with all criteria and requirements of Section 15-5-5(N). All noxious weeds, as identified by Summit County, shall be removed from the Property in accordance with the Summit County Weed Ordinance prior to issuance of Certificates of Occupancy. Lighting must meet the requirements of Section 15-5-5(J).
10. SENSITIVE LANDS COMPLIANCE. Applicants for an Affordable Master Planned Development that contains any Area within the Sensitive Land Overlay Zone shall conduct a Sensitive Lands Analysis and shall conform to Chapter 15-2.21.
11. MINE HAZARDS. Applications shall include a map and list of all known Physical Mine Hazards on the Property and a Physical Mine Hazard mitigation plan.
12. HISTORIC MINE WASTE MITIGATION. An Applicant for an Affordable Master Planned Development with Property that is located within the Park City Soils Ordinance Boundary shall submit a soil remediation mitigation plan and shall indicate areas of hazardous soils and proposed methods of remediation and/or removal subject to the requirements and regulations of the Municipal Code of Park City Chapter 11-15.
13. GENERAL PLAN REVIEW. The Planning Commission shall review Affordable Master Planned Developments for consistency with the goals and objectives of the General Plan; however such review for consistency shall not alone be binding.
14. HISTORIC SITES. Applicants shall submit a map and inventory of Historic Structures and Sites on the Property and a Historic Structures Report prepared by a Qualified Historic Preservation Professional.
15. DESIGN GUIDELINES. The Planning Commission may require Design Guidelines for Affordable Master Planned Developments, including regulation of building design elements for Single-Family Dwellings and/or Duplex Dwellings, that specify:
    1. Exterior cladding material;
       
    2. Style, dimensions, and materials of a roof structure, roof pitch, and porch;
       
    3. Exterior nonstructural architectural ornamentation;
    4. Location, design, placement, and architectural styling of windows and doors; and
       
    5. Location, design, placement, and architectural styling of a garage door.
       
16. RADON MITIGATION: New residential spaces constructed in Affordable Master Planned Developments shall include the installation of a basic radon remediation system that allows for the installation of a radon remediation air handler if or when radon mitigation is required for the space in accordance with residential building codes.

The Planning Commission must make the following findings in order to approve an Affordable Master Planned Development. In some cases, conditions of approval will be attached to the approval to ensure compliance with these findings. The Affordable Master Planned Development, as conditioned:

1. Provides at least 50% Affordable Units;
2. Complies with requirements of the Land Management Code;
3. Meets the minimum requirements of this Chapter;
4. Provides meaningful Open Space for residents and the public;
5. Strengthens and enhances the resort character of Park City;
6. Compliments the natural features on the Site and preserves significant features or vegetation to the extent possible;
7. Meets the Sensitive Lands requirements of the Land Management Code and is designed to place Development on the most developable land and least visually obtrusive portions of the Site;
8. Promotes the Use of non-vehicular forms of transportation through design and by providing trail and pathway connections;
9. Was noticed and the Planning Commission held a public hearing in accordance with this Chapter;
10. Incorporates best planning practices for sustainable development, including water conservation measures and energy-efficient design and construction, per the Residential and Commercial Energy and Green Building program and codes adopted by the Park City Building Department in effect at the time of the Application, and includes Energy Star qualified products for appliances;
11. Addresses and mitigates Physical Mine Hazards according to accepted City regulations and policies;
12. Addresses and mitigates Historic Mine Waster and complies with the requirements of the Park City Soils Boundary Ordinance;
13. Addresses Historic Structures and Sites on the Property, according to accepted City regulations and policies, and any applicable Historic Preservation Plan;
14. Addresses and mitigates traffic;
15. Addresses and mitigates parking reductions and parking management.

1. Prior to a Certificate of Occupancy for any market rate or Affordable Unit within the Affordable Master Planned Development, provisions to ensure continued affordability of Affordable Units shall be embodied in legally binding deed restrictions, approved by the City Attorney, and recorded with the County.
2. The deed restrictions shall conform with the deed restriction requirements outlined in the Park City Affordable Housing Resolution in effect at the time of a complete Affordable Master Planned Development Application submission, or as otherwise determined by the Park City Housing Authority.
3. The deed restriction shall continue in full force and effect for a period not less than forty (40) years. Upon expiration of the initial forty (40) year term, or any subsequent term, the City shall have six (6) months in which to determine, based on an independent market study, that the Affordable Units within the Affordable Master Planned Development are no longer necessary to satisfy the affordable or workforce housing needs of the City. The City Council or its successor shall make the final determination of such continuing need, and if the City makes no such determination, the deed restrictions shall automatically renew for one or more additional consecutive ten (10) year terms.

1. Each Property Owner of an Affordable Unit within the Affordable Master Planned Development shall submit to the City an annual compliance report, as amended from time to time by the City or its designee, verifying deed restriction compliance.
2. The Municipal Code of Park City Section 8-3-6 establishes that it is a crime to commit affordable housing fraud. Violation of Section 8-3-6 is subject to criminal prosecution.