Vernal City Zoning Code

A Planned Residential Unit Development (PRUD) is intended to allow for diversification in the relationship of various uses and structures to permit more flexibility and to encourage new and imaginative concepts in the design of neighborhood and housing projects. To this end, the development should be planned as one (1) complex land use rather than an aggregation of individual unrelated buildings located in separate unrelated lots. Substantial compliance with zone regulations and other provisions of this title in requiring adequate standards related to public health, safety and general welfare shall be observed, without unduly inhibiting the advantages of large scale site planning for residential and related purposes. The City Council may establish by resolution fees to cover the costs of plan review and inspection of the PRUD development.

(PZSC § 03-07-001)

1. A PRUD shall be permitted in the R-1, RA-1, R-2, R-3, R-4 and MX zones and notwithstanding any other provisions as hereinafter set forth, shall be applicable if any conflict exists.
2. An overall development plan for a PRUD, showing building types, locations, sizes, height, number of residential units, access roads, open spaces, parking and landscaping may be approved by the Planning Commission and City Council and building permits issued in accordance with such plan even though the residential uses, housing types and the location of the building proposed differ from the residential uses, housing types and regulations governing such uses in effect in the zone in which the development is proposed; provided, that the provisions of this chapter are complied with.
3. Accessory nonresidential uses may be included in the development to provide a necessary service to the residents of the development as determined by the Planning Commission.

(PZSC § 03-07-002)

1. The minimum area for a PRUD shall be as follows:
   1. Six (6) acres in an R-1 and RA-1 zone;
   2. Four (4) acres in an R-2 zone;
   3. Two (2) acres in an R-3 and R-4 zone.
2. The maximum density allowed within a PRUD shall be as follows:
   1. RA-1 zone: Four (4) units per acre;
   2. R-1 zone: Four (4) units per acre;
   3. R-2 zone: eight (8) units per acre;
   4. R-3 zone: twelve (12) units per acre;
   5. R-4 zone: sixteen (16) units per acre.
3. Land used for schools, churches and other nonresidential buildings shall not be included in the lot area for determining the number of allowable dwelling units.
4. All proposed residential developments, with the exception of normal land subdivision, within the City equal to or in excess of the minimum area requirements for a PRUD as set forth in this section shall comply with the provisions of this chapter and be developed as a PRUD. Land to be developed as a normal subdivision will be subject to the provisions of the subdivision ordinance of the City.

(PZSC § 03-07-003)

1. The development shall be in single or corporate ownership or the application filed jointly by the owners of the property.
2. The property adjacent to the PRUD shall not be adversely affected and to this end the Planning Commission may require in the absence of appropriate physical boundaries that uses of the least density or greatest compatibility be arranged around the boundaries of the project. Yard and height requirements of the adjacent zone shall apply on the periphery of the project.
3. Site development standards and sign regulations shall be determined by approval of the site development plan.
4. The Planning Commission shall require the preservation, maintenance and ownership of open space utilizing, at the City's option, one (1) of the following methods.
   1. Dedication of the land as a public park or parkway system; or
   2. Granting to the City a permanent open space easement on and over the private open spaces to guarantee that the open space remains perpetually in recreation use, with ownership and maintenance being the responsibility of a homeowners association established with articles of association and bylaws which are satisfactory to the City; or
   3. Complying with the provisions of the Condominium Ownership Act of 1963, Title 57, Chapter 8, Utah Code Annotated, 1953, as amended, which provides for the payment of common expenses for the upkeep of common areas and facilities. Recreation uses and facilities may be developed within the common open space areas in compliance with a recreation and landscaping plan approved as part of the approved final development plan of the PRUD.
5. If the method set out in subsection D (2) or (3) of this section is utilized to maintain open spaces, but the organization established fails to maintain the open spaces in reasonable order and condition, the City may, at its option, do or contract to have done the required maintenance and shall assess ratably the open space and individually owned properties within the PRUD. Such assessment shall be a lien against the property and shall be filed with the Uintah County recorder or the City may bring suit to collect the maintenance fees, together with a reasonable attorney's fee and cost.
6. The developer shall be required to provide a surety bond or escrow account in an amount equal to one hundred ten (110) percent of the costs of all required improvements relating to the PRUD, including the completion to the landscaping. When all improvements are completed in accordance with the approved plan, the financial guarantee shall be released according to the provisions described in the Vernal City subdivision ordinance, Section 16.58.450, Guarantee of performance. Section 16.58.450 applies to all planned residential unit developments.
7. Where access roads create corner lots of adjoining parcels of land, the location of the paved area of the access road shall be located so as to maintain the minimum corner lot side yard requirements of the zone in which the corner lot is located, plus an additional ten (10) foot planting and walking area.
8. If the PRUD is to be substantially divided, either as a subdivision into a phase development parcel or separately owned and operated units, such division boundaries shall be indicated in the development plan and preliminary subdivision approval concurrently obtained in the case of a subdivision.
9. The subdivision ordinance of the City as it now or hereafter may exist applies to all development.
10. The area shall be adaptable to a unit-type development and shall not contain within or through it any ownership or physical barrier which would tend to impair the unit cohesiveness.
11. Once the overall development plan has been approved by the Planning Commission, no changes or alterations to such plan shall be made without first obtaining approval of the Planning Commission.

(PZSC § 03-07-004)
(Ord. No. 98-01, Amended, 01/28/98)

1. Discuss Proposed PRUD with City Planner. Any person wishing to create a PRUD within Vernal City, Utah, shall secure from the City Planner information pertaining to the City's plan of streets, parks, drainage, land use, and other general plan requirements affecting the land proposed for the PRUD.
2. Prepare Vicinity Plan. The applicant shall prepare a vicinity plan and shall submit one digital copy of the same to the Planning Department.
3. Obtain Planning Commission Approval of Vicinity Plan. The Planning Commission shall review and may approve, approve with modifications, or deny the general design of the proposed PRUD.
4. Prepare Preliminary Plat and Engineering Drawing . Upon approval of the vicinity plan by the Planning Commission, the applicant shall prepare a preliminary plat of the PRUD and shall submit the following to the Planning Department:
   1. One digital copy of the preliminary plat for the proposed PRUD shall be submitted to the Planning Department at least fourteen (14) days prior to the scheduled Planning Commission meeting. The preliminary plat should show proposed uses, dimensions, locations of proposed structures, landscaping, recreational facilities and areas reserved as common open space and utility easements. The preliminary plat shall also indicate the following tabulations:
      1. Total number of acres in the proposed development;
      2. Total number of dwelling units;
      3. Number of off-street parking spaces;
      4. Percentage of total lot area maintained in open green space.
5. One (1) digital copy of the engineering drawings shall also be submitted prior to final approval, showing:
   1. Typical cross sections of streets;
   2. Provisions for drainage;
   3. Location and size of both on-site and off-site water mains and sewer lines.
6. The Planning Commission shall hold a public hearing, review and shall approve or disapprove the preliminary plat, or approve it with modifications within thirty (30) days from the date of submission of the preliminary plat. Notice of the public hearing shall be posted on the Utah Public Notice Website and also on the City's website at least ten (10) days prior to the public hearing. The action of the Planning Commission shall be documented in the meeting record and provided to the applicant.
7. Final Plat Submittal and Review. After preliminary plat or preliminary PRUD approval has been granted, the applicant may submit a final plat and all required supporting documents in accordance with Chapter 16.58 of this title and any applicable planned residential unit development requirements.

1. 1. A declaration of management policies and covenants setting forth the responsibilities and duties of the occupants within the development, including homeowners association articles of incorporation and bylaws, if applicable;
   2. An agreement, development agreement, declaration, easement, plat note, or other instrument acceptable to the City addressing, as applicable:

1. That in the event of failure or neglect on the part of the owners, successors or assigns to maintenance of common areas, landscaping, private streets, private utilities, and other private improvements;
2. Construction of the project in accordance with approved plans;
3. Binding effect upon heirs, assigns, receivers, successors, owners, and occupants of the project;
4. Protection of required open space through an easement, dedication, plat note, declaration, or other legal instrument acceptable to the City; and
5. Any other condition or requirement reasonably necessary to carry out the intent of this title and the approved PRUD.

H. Improvement Assurance. Before final plat approval or recording, the applicant shall either complete all required public improvements or provide an improvement assurance, guarantee account, bond, escrow, or other security acceptable to the City in accordance with Chapter 16.58 of this title and applicable City standards.

I. Record Final Plat. After final plat approval by the land use authority designated in Chapter 16.58, and after all required signatures, approvals, corrections, assurances, and recording documents have been completed, the applicant shall submit the final plat to the office of the Uintah County Recorder for recording within the time required by Chapter 16.58. Approval and recording of the final plat shall be governed by Chapter 16.58 and applicable Utah Code requirements.

(PZSC § 03-07-005)
(Ord. 2005-07, Amended, 06/01/2005)

In considering the proposed PRUD, the Planning Commission shall consider:

1. The design of buildings and their relationship to development beyond the boundaries of the development;
2. Which streets shall be public and which shall be private; the entrances and exits to the development and the provisions for internal and external traffic circulation and off-street parking;
3. The landscaping and screening as related to the several uses within the development and as a means of its integration into the surrounding neighborhoods;
4. The size, location, design and nature of signs, if any, and the intensity and direction of area or floodlighting;
5. The residential density of the proposed development and its distribution as compared with the residential density of the surrounding lands, either existing or as indicated in the zoning map or master plan proposal of the City as being a desirable future residential density;
6. The demonstrated ability of the proponents of the PRUD to financially carry out the proposed project under total or phase development proposed within the time limit established.

(PZSC § 03-07-006)

The Planning Commission, after holding a public hearing thereon, may approve or disapprove the proposed PRUD. In approving a PRUD, the Planning Commission may attach such conditions as it may deem necessary to secure the purposes of this chapter.

(PZSC § 03-07-007)

The City Council may, upon a majority vote of its members, rescind approval of a PRUD. Such disapproval action must be taken within fourteen (14) days from the date of the approval granted by the Planning Commission, otherwise the PRUD remains approved.

(PZSC § 03-07-008)

Unless there is substantial action leading toward completion of a PRUD or an approved phase thereof within a period of eighteen (18) months from the date of approval as determined by the City Council, such approval shall expire unless after reconsideration of the progress of the project an extension is granted.

(PZSC § 03-07-010)