Provo City Zoning Code

14.31 PD

Performance Development Overlay Zone

14.31.010 Purpose and Objectives.

(1) The purpose of the Performance Development Overlay Zone is to encourage imaginative and efficient utilization of land, to develop a sense of community, and to insure compatibility with the surrounding neighborhoods and environment. This is accomplished by providing greater flexibility in the location of buildings on the land, the consolidation of open spaces, and the clustering of dwelling units. These provisions are intended to create more attractive and more desirable environments within the residential areas of Provo City.

(2) A Performance Development (PD) is a residential development planned as a whole, single complex. It incorporates a definite development theme which includes the elements of usable open spaces, diversity of lot design or residential use, amenities, a well planned circulation system, and attractive entrances as part of the design.

14.31.020 Definitions.

For the purposes of this Chapter, certain words and phrases have the following meanings:

“Alley” means a public or private vehicular street designed to serve as secondary access to the side or rear of properties whose principal frontage is on some other street. See Chapter 15.03, Provo City Code.

“Base density” means the maximum number of residential units per developable acre in the PD that could be achieved, without a density bonus, by conventional development of the property in the zone with which the PD is proposed to be applied.

“Bonus density” means the maximum number of residential units per developable acre in the PD allowed when the project complies with the bonus density design requirements of this Chapter.

“Developable land” means land under thirty percent (30%) slopes which is capable of being improved, subject to the provisions Chapter 15.08 of the Provo City Code, with landscaping, recreational facilities, buildings, or parking. Land devoted to street usage (the right-of-way for public streets and the area from back-of-curb to back-of-curb for private streets) shall not be considered developable land, and must be subtracted out of the total acreage before the density calculation is made. (Access aisles in parking lots and driveways shall not be considered private streets for purposes of this Section.)

“Developed common activity area” means open green space which is designed to provide activity areas for use by all residents such as playgrounds, recreational courts, picnic pavilions, gazebos, and water features. Common developed activity areas shall be held by all residents in common ownership through a homeowners association or shall be available for use by all residents if the PD will be held in single ownership.

“Driveway” means a paved area used for ingress or egress of vehicles, and allowing access from a street to one (1) building, structure, or facility.

“Gross acreage” means the total amount of land in a PD development.

“Net acreage” means the total amount of land in a PD development excluding rights-of-way or roads.

“Open green space” means a planned open area suitable for relaxation, recreation or landscaping which may be held in common or private ownership that is unoccupied and unobstructed by buildings and hard surface, such as asphalt or cement, except that such open green spaces may include walkways, patios, recreational activity areas, picnic pavilions, gazebos, and water features so long as such surfaces do not exceed fifteen percent (15%) of the required open green space.

“Parking lot aisle” means the traveled way by which cars enter and depart parking spaces. Aisle width standards are set forth in Section 14.37.100, Provo City Code. Parking aisles shall not be considered streets for purposes of this Chapter.

“Periphery” means a one hundred (100) foot depth around the perimeter of the project measured inward from the property line.

14.31.030 Use In Combination.

The Performance Development (PD) overlay zone may only be used in combination with existing conventional zones as designated herein, and the provisions of the performance development overlay zone shall become supplementary to the provisions of the zone with which it is combined. The PD zone shall not be applied to a land area as an independent zone. Property to which the PD zone has been applied shall be developed only in conformance with an approved plan. When used in combination with the designated zones, the Performance Development zone designated (PD) shall become a suffix to the designation of the zone with which it is combined and shall be shown in parentheses.

14.31.040 Zones With Which the Planned Development Zone May Be Combined.

The Performance Development overlay (PD) zone may be combined with the following zones: A1, RA, R1, and R2 zones.

14.31.050 Permitted Uses.

Uses permitted in the Planned Development overlay (PD) zone shall be limited to those listed as permitted uses by the provisions of the underlying zone with which the PD zone has been combined, except as follows:

(1) In one and two-family zones, dwelling units may be clustered in common-wall construction with a maximum of six (6) consecutively attached units. Such units may have no more than two (2) walls in common, with no units above other units.

(2) Accessory uses to the PD which are located in a common main building may be permitted. Accessory uses shall include recreational facilities and structures, day care centers, personal services, and RV parking, when approved as part of the final development plan.

14.31.060 Variations to Underlying Zone Permitted.

Upon combining the PD zone with an appropriate existing zone, variations from the development standards of said underlying zone may be permitted provided the variations are specifically adopted as part of the approved project plan or approved supporting documents. Variations, however, shall not include changes in the permitted uses allowed by the zone with which the PD zone has been combined.

14.31.070 Density Determination.

Density in a PD shall be determined by using the “developable land” of the entire proposed development. Developable land is land under thirty percent (30%) slope which is capable of being improved with landscaping, recreational facilities, buildings, or parking. Land devoted to street usage in PD subdivisions shall not be considered developable acreage and must be subtracted out of the total acreage used to determine density. Refer to Figure 14.31.070 at the end of this Chapter.

14.31.080 Minimum Performance Standards.

A performance development established under the provisions of this Chapter shall conform to the standards and requirements of this Section. Project plans shall be approved or denied on the basis of performance measured against development standards adopted in accordance with this Chapter.

(a) Single Ownership or Control. The area proposed for a performance development shall be in one (1) ownership or control during development to provide for full supervision and control of said development, and to insure conformance with these provisions and all conditions imposed upon the preliminary and final development plans. Mere development agreements between individuals shall not satisfy this requirement. Individual ownership, partnerships, corporations, and other legally recognized entities are acceptable.

(b) Scope of Plan. A plan for the development of a performance development shall cover the entire area proposed for development. Upon approval the development shall be strictly in accordance with the plan. Areas not proposed for development shall be designated as open space and shall conform to minimum landscaping requirements of this Chapter.

(c) Design Team. The final development plans shall be prepared by a design team composed of an architect, a landscape architect, and an engineer or land surveyor, all licensed to practice in the State of Utah.

(d) Minimum Area. The minimum land area for a performance development shall be as follows:

A1 zone	5 acres
RA zone	5 acres
R1 zone	2 acres
R2 zone	2 acres

(e) Hazardous Conditions. If located in “sensitive lands,” “high water table,” and/or “floodplain,” the project must comply with all provisions of the Sensitive Lands, Critical Hillside, and/or Floodplain sections of the Provo City Code.

(f) Setbacks. Garages with entrances facing directly on private or public streets, whether in a front or side yard, shall be set back at least twenty (20) feet from the property line, or shall be located within five (5) feet of said property line.

(g) Fence Height. If fencing is proposed adjacent to a public or private street, the maximum fence height shall be three (3) feet for fences located in the required front yard and side yard setback facing a street as determined in the underlying zone. Fence heights located outside of these setbacks shall be limited to a maximum height of six (6) feet. The Planning Commission may vary the height or location if it determines the proposed fence design, materials, and location will not create a safety hazard due to obstructed vision of approaching vehicles or pedestrians and will:

(i) Not isolate surrounding neighborhoods;

(ii) Be consistent with the theme of the development; and

(iii) Be compatible with the neighborhood.

If fencing isolates property between the fence and the public street, the development shall provide means to ensure continued maintenance of this area. Refer to Figure 14.31.080(a) at the end of this Chapter.

(h) Natural Features. Developments shall be designed to preserve and incorporate the natural features of the land into the development. Natural features include drainage swales, wetlands, rock outcroppings, streams, and concentrated native stands of large shrubs or trees.

(i) Utilities. All utilities shall be placed underground, including telephone, electrical, and television cables. Dwelling units under separate ownership shall have separate utility metering, unless otherwise approved by the Energy and Water Departments.

(j) Phasing. If the project is to be done in phases, no remnant parcels shall be created. Any land not proposed for development shall be designated as open space.

(k) Air Quality. The use of coal or wood burning furnaces, fireplaces or other heating devices which burn coal are prohibited unless especially equipped with devices proven to minimize air pollution.

(l) Water Conservation. Low volume irrigation systems with automatic controllers shall be used. Such an irrigation system includes, but is not limited to, low volume sprinkler heads, drip emitters, and bubbler emitters. A minimum of PVC schedule 40 or equivalent shall be used for main lines and under driveway areas, and a minimum of PVC schedule 200 or equivalent shall be used for lateral lines.

(a) Land Use Conflicts. Land use conflicts that may exist between the proposed performance development and surrounding land uses shall be examined as provided in Section 14.31.140.

(b) Curb Appeal. The front of the units developed on the periphery of the project shall front onto the public streets. When units abut two (2) parallel streets, the fronts of the units shall face the public street bordering the PD. Units which are on corners may front either street. The Planning Commission may waive this provision due to unusual topographic features or unusual conditions provided such waiver does not negatively impact the continuity of the existing street scape.

(c) Height. The maximum height of buildings within the performance development shall be the same as that permitted in the underlying zone with which the PD Zone is combined. Height requirements of the adjacent zone (if more restrictive) shall apply on the periphery of the project.

(d) Garages. Required off-street parking (excluding visitor and RV parking) shall be provided as required in the underlying zone and in enclosed garages or carports that are architecturally compatible with the main structures as set forth in Section 14.34.310, Provo City Code. Carports may only be approved in those cases where the applicant demonstrates, to the satisfaction of the Commission, that carports are used predominantly in the surrounding neighborhood, and that the proposed development would still provide a more pleasant and attractive living environment than would be obtained under the conventional residential subdivision standards. When garages are provided for parking purposes within any zone, the size of garage shall be consistent with the requirements set forth in Section 14.37.100, Provo City Code.

(e) Refuse Bins. Refuse bins shall be stored in screened enclosures which are architecturally compatible in style and materials with the character of the development. Bins shall be located so they are not visible from outside circulation routes, and so they do not restrict vehicular movement or parking.

(f) Glare Reduction. Exterior lighting shall be designed such that the light source will be sufficiently obscured to prevent excessive glare into any residential area.

(a) Entry Statement. Entrance designs to the development are required. The minimum entrance design to the development shall consist of a monument sign naming the development surrounded by a variety of ground cover, shrubs, and trees.

(b) Visual Relief. Attached dwelling units shall have visual relief in facade and roof line which adds variety and rhythm to the design and avoids monotonous straight lines. Refer to Figure 14.31.080(b) at the end of this Chapter.

(c) Unified Design. Unifying architectural and landscaping design elements shall be carried throughout the project. Therefore, detailed landscaping plans shall be submitted, along with building elevation views and floor plans. In the case of PD subdivisions, design guidelines or covenants may be substituted for building plans and individual lot landscaping plans.

(4) Open Space. At least ten percent (10%) of the total gross acreage in a PD must be devoted to open green space as defined in Section 14.31.020, Provo City Code. Such space must be consolidated and may not count required yards and building setbacks.

(a) Each phase of development shall provide its proportionate required open green space needed for that phase.

(b) Hardscape. Such open green spaces may include walkways, patios, recreational activity areas, picnic pavilions, gazebos, and water features so long as such surfaces do not exceed fifteen percent (15%) of the required open green space.

(c) Common Activity Areas. At a minimum, open green space shall include either a playground with play equipment or pathways with benches and tables through a natural or planted landscaped area.

(i) Subdivided, one-family lots shall provide developed common activity area at a ratio of one thousand (1,000) square feet per lot.

(d) Saving Existing Trees. Developments shall be designed to incorporate existing large trees, clusters of trees or clusters of large shrubs. The Planning Commission, or a designated subcommittee, shall review the appropriateness of removal of portions of these types of vegetation if proposed in the development plan. The Commission may approve removal of some or all vegetation based on a determination of the benefits of the existing plant material and the efforts made to save and incorporate the existing plant material into the design of the project versus the problems the plant materials may create for the project in terms of general construction techniques, impact removal will have to the character of the area, the topography of the site, and harmful conditions the vegetation may create.

(i) As one of the purposes of a PD is to protect natural features, the Planning Commission may deny approval of a PD if it is determined there has been removal of trees or shrubs prior to submittal.

(e) Landscaping Per Unit. A minimum of three (3), one and one-half (1 1/2) inch caliper deciduous trees or four (4) foot tall evergreen trees, and four (4) shrubs shall be planted for each lot in a PD subdivision, as well as building foundation planting of appropriate shrubs, flowers, or ground covers. Landscaping in the park strip in the street right-of-way shall have a unified design theme in PD subdivisions. Multiple family PDs shall provide a minimum of one (1) deciduous or evergreen tree per two (2) units, and two (2) shrubs per unit. The intent is to have a variety of plant materials to give color and texture; to direct traffic; to frame views; and to screen undesirable views.

(i) The placement and types of deciduous trees shall take into consideration use of the trees for summer cooling and winter solar access. Evergreen trees should be used as wind breaks, screening, and accent plantings.

(f) Water Conservation. The majority of new plant material used for landscaping the development should be water conserving plants. The landscaping design shall locate plant materials in similar water usage demand zones to ensure proper irrigation coverage and reduce wasteful irrigation coverage and reduce wasteful watering.

(i) The use of turf grass shall be limited to areas of high foot traffic, play areas, and other appropriate areas as determined by the Planning Commission. All other areas which are normally planted with lawn, shall be planted with ground covers, shrubs, or trees.

(ii) Drip irrigation systems shall be designed and installed to irrigate all shrub and tree areas as needed.

(5) Streets. The type and arrangement of roadways peripheral to and abutting any development shall be in compliance with the Master Street Plan, the Official Map, and any Local Policy Street Maps for the area of the development. Projects which are located on or next to a collector or arterial street shall be designed and developed so the public street continues through the project in a logical, safe design. Projects which are located at the end of stubbed local public streets may be required to extend the street through the development based on the proposed circulation needs of the area as determined by the Planning Commission. The Planning Commission, upon recommendation of the Planning and Engineering Staff, shall determine if the street should be extended as a through street or as a cul-de-sac during the concept or preliminary approval.

(a) Public Streets. All dedicated public streets shall be constructed to City standards including width, as outlined in Section 15.03.200, Provo City Code.

(b) Private Streets. All streets shall be constructed to City standards including width, as set forth in Section 15.03.200, Provo City Code. The standards for local residential streets are identical for public and private streets. Refer to Figure 15.03.200 in Title 15.

14.31.090 Density Bonus.

PD developments are eligible for a density bonus based on additional amenities provided per Section 14.31.100, Provo City Code. Each amenity is assigned a standard percentage increase in dwelling units above the underlying zone density limit. The total density bonus for a project shall not exceed forty percent (40%) above the underlying zone density limit.

14.31.100 Density Bonus Features.

(1) Building Variety. Any development providing four (4) or more types of housing models defined by different floor plans, exterior materials, or roof lines is eligible for a ten percent (10%) increase in density.

(2) Affordable Housing. Any PD which provides deed-restricted affordable housing defined by eighty percent (80%) AMI (average median income) may be eligible for a density bonus. The percentage of density bonus given for affordable housing shall be equal to the percentage of affordable housing units provided, up to forty percent (40%) above the underlying zone base density.

14.31.110 Concept Plan Approval.

Concurrent with any request to rezone property to the Performance Development Overlay Zone, and prior to final plan approval, a concept plan which meets the requirements of Section 15.03.300, Provo City Code, shall be submitted to the Provo City Planning Commission.

14.31.120 Final Project Plan Approval.

Prior to the construction of any building or structure in the PD zone, a final project plan shall be submitted and approved that meets the requirements of Section 15.03.310, Provo City Code. Said plan may be submitted in units or phases, provided each such phase can exist as a separate entity capable of independently meeting all of the requirements and standards of this Chapter and of the underlying zone with which the PD zone has been combined. The separate development of said phases shall not be detrimental to the performance development nor to the adjacent properties in the event that the remainder of the project is not completed.

14.31.130 Guarantees and Covenants.

(1) Adequate guarantees shall be provided for permanent retention and maintenance of all open space areas created within a performance development. The Chief Building Official shall not issue a Certificate of Occupancy until all required guarantees have been submitted to and approved by the Planning Commission. Said open space guarantees may include the following:

(a) The City may require the developer to furnish and record protective covenants which will guarantee the retention of the open land area, or the City may require the creation of a corporation granting beneficial rights to the open space to all owners or occupants of land within the development.

(b) The developer shall be required to develop and provide for the maintenance of all open space, unless part of or all of it is contiguous to and is made a part of an existing park, and the City Parks and Recreation Department accepts dedication and approves the annexation of the property to said park.

(c) In the case of private reservation, the open space to be reserved shall be protected against building development by conveying to the City as part of the condition of project approval, an open space easement over such open areas, restricting the area against any future building or use, except as approved on the project plan.

(d) The care and maintenance of the area within such open space reservation shall be insured by the developer by establishing a private association or corporation responsible for such maintenance which shall levy the cost thereof as an assessment on the property owners within the performance development. Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the City and made a part of the conditions of the final plan approval.

(e) Maintenance of open space reservations shall be managed by person, partnership, or corporate entity in which there is adequate expertise and experience in property management to assure that said maintenance is accomplished efficiently and at a high standard of quality.

(f) Minor changes in the location, siting, and height of buildings and structures may be authorized by staff without additional public hearings if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this Subsection may cause any of the following:

(i) A change in the use or character of the development;

(ii) An increase in overall coverage of structures;

(iii) An increase in the intensity of use;

(iv) An increase in the problems of traffic circulation and public utilities;

(v) A reduction in approved open space;

(vi) A reduction of off-street parking and loading space;

(vii) A reduction in required pavement widths.

(g) All other changes in use, or rearrangement of lots, blocks, and building tracts, or any changes in the provision of common open spaces and changes other than listed above, must be made by the Municipal Council after report of the planning staff and recommendation by the Planning Commission.

(2) In order to insure that the performance development will be constructed to completion in an acceptable manner, the applicant (owner) shall post a performance bond in compliance with City bonding policy.

(3) The applicant (owner) of any performance development which is being developed as a condominium project under the provisions of the Condominium Ownership Act of Utah, or subsequent amendments thereto, shall, prior to the conveyance of any unit, submit to the Planning Commission a declaration of covenants, conditions, and restrictions relating to the project, which shall become part of the final development plan and shall be recorded to run with the land. Said covenants, conditions, and restrictions shall include management policies which shall set forth the quality of maintenance that will be performed and who is to be responsible for said maintenance within said condominium development. Said document shall, as a minimum, contain the following:

(a) Provisions for the type of occupancy (family or baching singles) as determined by the amount of provided parking and by the underlying zone.

(b) The establishment of a private association or corporation responsible for all maintenance, which shall levy the cost thereof as an assessment to each unit owner within the condominium development.

(c) The establishment of a management committee, with provisions setting forth the number of persons constituting the committee, the method of selection, and the powers and duties of said committee; and including the person, partnership, or corporation with property management expertise and experience who shall be designated to manage the maintenance of the common areas and facilities in an efficient and quality manner.

(d) The method of calling a meeting of the members of the corporation or association with the members thereof that will constitute a quorum authorized to transact business.

(e) The method for maintenance, repair, and replacement of common areas and facilities, and distribution of costs thereof.

(f) The method for maintenance of all private streets and private utilities and acknowledgment that such maintenance is the responsibility of the homeowners corporation or association.

(g) The manner of collection from unit owners for their share of common expenses, and the method of assessment.

(h) Provisions as to percentage of votes by unit owners which shall be necessary to determine whether to rebuild, repair, restore, or sell property in the event of damage or destruction of all part of the project.

(i) The method and procedure by which the declaration may be amended: the declaration required herein, any amendment, and any instrument affecting the property or any unit therein shall be approved by the Planning Commission and recorded with the County Recorder. Neither the declaration nor any amendment thereto shall be valid until approved and recorded. Said declaration and amendments thereto shall be maintained as part of the project plan for the performance development.

(4) In case of failure or neglect to comply with any and all of the conditions and regulations herein established, and as specifically made applicable to a performance development, the building inspector shall not issue a certificate of zoning compliance therefore. Such failure or neglect shall be cause for termination of the approval of the project. Such failure or neglect to comply with the requirements and to maintain the buildings and premises in accordance with the conditions or approval thereafter shall also be deemed to be a violation of this Chapter.

(5) Streets not constructed to City width standards shall be noted in a required covenant. Such streets may only be dedicated in compliance with Chapter 15.23 (Dedication of Private Streets to Public Ownership), Provo City Code. The Municipal Council may vote to remove the property from the Performance Development Overlay Zone and deny the project plan, if the plan for the property is found to be out of character with the neighborhood; if, in the interest of promoting the general health, safety and welfare, the changed project plan should be denied; or if implementation of the new project plan would hinder or obstruct the attainment of policies established in the General Plan.

14.31.140 Appendix.

(1) Land Use Conflicts. The matrix indicates the conflicts that are presumed to exist between land uses. The types of mitigation measures listed in the following Sections are the design tools that may be employed either separately or in combination to mitigate existing or potential land use conflicts. Minimum Performance Standards require that such conflicts be mitigated as a condition for approval of the development plan.

(a) Land Use Conflict Mitigation Measures

(i) Open Space Setbacks. By providing an open space buffer between conflicting land uses conflicts can often be avoided. The width of the buffer required will depend on the extent of landscaping. To work effectively, the ownership, use, and maintenance of the open space buffer must be clearly defined.

(ii) Landscaping and Topographic Changes. As part of an open space buffer or as a treatment of land immediately adjacent to buildings, landscaping can be used to reduce conflicts.

(A) Dense plantings of evergreens can provide a visual buffer.

(B) Sensitive landscaping can soften the sharp visual contrast between two (2) abutting land uses by subduing the differences in architecture and bulk and by providing a gradual transition rather than a harsh edge between uses.

(C) Dense growth of plants can be visually appealing but also can be inhospitable to unwanted travelers. Such natural screen can discourage unwanted and unsafe pedestrian or bicycle access between land uses.

(D) Good landscaping can help other mitigation measures. It can reduce the width of open space buffer required. It can soften the visual conflict created by safety and security fences.

(E) Recontouring of the land can alter views, subdue sounds, change the sense of proximity, and channel pedestrian travel.

(iii) Orientation. The strict spatial proximity between land uses and the apparent or functional proximity can be very different depending on the orientation of buildings and activities of the two (2) land uses.

(A) The buildings themselves can cause a buffer to be created by effectively turning their backs on each other – orienting views, access and principal activities away from the other land use. Care must be taken, however, that a hazardous and unaesthetic “no-mans’s land” is not created in the process. Some appropriate use must be given to the intervening space. Alternately, the intervening space can be eliminated altogether if the two (2) buildings share a common back wall. An entire site plan can be oriented so that the activities and functions are aligned hierarchically – placing those least compatible furthest from the common boundary between land uses and those most compatible near that boundary.

(iv) Barriers and Alleviation. It may be appropriate and necessary to use physical barriers to prevent the undesirable attributes of one land use from affecting the people and activities in the adjacent land use. Fences, walls and berms can prevent the passage of people into areas that would be unsafe or insecure. They can also prevent spillage of materials from one (1) site to another. Noise, light, and odor pollution can be reduced at the point of origin by modifying the normal design of the operations causing the pollution. Light and noise can also be mitigated through physical barriers such as fences, walls, berms, screens and landscaping.

(v) Architectural Compatibility. In addition to the architectural considerations involved in mitigation through orientation, the materials, colors, scale, and prominence of buildings in adjacent land uses can be coordinated so there is a gradual transition from one (1) land use to another rather than a sharp and displeasing contrast. Purely aesthetic details that are “tacked” onto a building to cover up land use conflicts, however, will cause more harm than good. The architectural compatibility should rise from a total consideration of the function of each land use and the function of the space between them.

(vi) Circulation. Streets and parking areas can often serve to reduce certain types of land use conflicts.

Figure 14.31.070. Density Determination.