Each Master Planned Community Zone ("MPC Zone") is intended to allow a master planned, architecturally designed development where customized zoning requirements apply in order to permit flexibility and initiative in a large-scale site development while maintaining the rural nature of WiIlard City. Each MPC Zone wiII be developed in accordance with an approved development agreement and compliance with the Willard City Zoning and Land Use Ordinances and with the general requirements outlined herein. Further, this ordinance is intended to provide a benefit to Willard City and is not intended to solely benefit an applicant of an MPC Zone.

Each MPC Zone shall be at least Twenty (20) acres. Parcels must form one (1) contiguous area and cannot be bisected except by a public right-of-way, easement, or natural barrier.

A minimum of twenty percent (20%) Open Space shall be provided in each MPC Zone to include natural maintained choice protected Open Space, protected agricultural land, or improved parks as approved by the City Council. The designation of open space allows the developer to organize a subdivision in creative ways, but does not provide increased lot density above the base zone. Open space shall be calculated based on the total area of the land requested to be zoned as a Master Planned Community minus sensitive areas, streets, and stormwater detention basins except if said stormwater detention basis provide recreational amenities as provided for below. Open Space that is unbuildable because of slope, wetlands, flood drainage, or contamination, shall not be considered as Open Space. space will be considered as follows::

1. Detention basins may count as Open Space only if they provide recreational amenities, including but not limited to: Playgrounds, gazebos, exercise stations, or sports fields with parking lots.
2. Park strips, curb, gutter, sidewalks, common yards, private yards, and publiclydedicated streets shall not count as Open Space.
3. An agricultural conservation easement may be established on lots above one (1) acre. Easement deeds shall provide Willard City full rights to enforce the deed terms at the cost of the land owner. The plat map shall designate the building envelope for each lot. An easement of the agricultural area will be deeded to Willard City. The agricultural easement deed will restrict the construction of structures, roads, or other above-ground infrastructure. Crop and livestock production facilities below 10 feet in height, such as fences and irrigation systems, will be allowed. Only the area of the agricultural easement shall count toward the open space requirement.
4. A method approved by the City Council to maintain Open Space shall be established prior to the sale of any lots in an MPC Zone. Preservation, maintenance, and ownership of required Open Spaces within the MPC Zone may be accomplished by any of the following:
   1. Dedication of the land as a public park or trails system.
   2. Granting to the City a permanent Open Space easement on or over any privately owned Open Space to guarantee that the Open Space remains perpetually in public recreational use, with ownership and maintenance being the responsibility of the owner of a Home Owner's Association ("HOA") established by bylaws which are satisfactory to and approved by the City. The maintenance and perpetual financing of the open space will be documented in the HOA bylaws and be included in the easement deed. Changes to the character of the open space, maintenance, or financing by the HOA will willrequirerequireapproval of thecitythecitythecity council.
      1. City may provide temporary approval of an HOA for a probationary of one (1) year with owners living within the MPC Zone. During this probationary period, the City Council may monitor the effectiveness of the HOA in preserving and maintaining the Open Space. If at the end of the one (1) year probationary period it is determined by the City Council that the HOA is unable or unwilling to maintain the Open Space within the bylaws established for the HOA and the approved Development Agreement the City may terminate the probationary approval of the HOA and create a special assessment area for the purposes of maintaining the Open Space. An HOA may have the right to appeal a City Council decision to terminate the approval of the HOA by filing a written notice of the appeal with the City Recorder within 15 days of the City Council's decision. Any such appeal shall be heard by the Hearing Officer. The one-year probationary period begins when the last lot is sold.
      2. The City may at their discretion, create a special assessment area to provide for the benefit, improvement, and maintenance of the Open Space areas.
         

As an alternative, the City Council may at its discretion charge a fee in lieu of open space to allow for more centralized parks of other municipal off-site improvements as the City Council determines.

1. A fee in lieu of Open Space may be provided if the following requirements are met:
   1. As part of the application process, open space requirement calculation shall be proved to the city staff and approved by the City Council. Calculation shall document acreage of roads, utility easements, lots, and areas that are not buildable due to items referenced in 24.24.030.
   2. Fee Determination Process:
      1. Appraisal Requirements:
         1. An appraiser with experience and qualifications in appraising conservation easements shall provide:
            1. An appraisal including the full per-acre value of the buildable area within the subdivision at the time the development infrastructure is complete.
            2. An appraised per-acre value of the subdivision with the development property rights removed from the parcels.
      2. Applicant's Responsibility:
         1. All appraisals required under this ordinance shall be obtained and paid for by the applicant.
         2. The appraisal must be conducted by a certified appraiser in accordance with industry standards.
      3. City's Rights:
         1. Willard City retains the right to review the appraisal before acceptance and may request additional information or clarification as needed to ensure the valuation is appropriate.
         2. At its discretion, the City may also have an easement review completed by a qualified appraiser.
      4. Fee Calculation:
         1. The value of the open space fee to be paid to Willard City will be the full development value of the subdivision minus the value of the land with development rights removed (a - b = fee in lieu) on a per-acre basis.
      5. Approval:
         1. The fee in lieu of open space shall be approved by the City Council.
      6. Adjustment to Subdivision Density:
         1. The percentage of open space that is substituted through a fee in lieu may be added to the density of the subdivision, not to exceed 20 percent of the future land use map density.

The Density of the MPC Zone shall be no more than two (2) units per developable acre. For the purposes of this ordinance, one acre is defined as 43,560 square feet. Only Single Family Dwellings are permitted within a MPC Zone and no lot should be smaller than 14,500 square feet.

1. The purpose of the pre-application meeting or work session is to provide an opportunity for early dialogue between the applicant and the Planning and Zoning Commission. This ensures that the applicant has a clear understanding of the community's development standards, application requirements, and review process before submitting a formal application.
2. Requirement. Prior to the submission of a formal application for an MPC Zone, the applicant must participate in a pre-application meeting or work session with the Planning Commission.
3. Meeting Request. The applicant must request a pre-application meeting or work session at least 15 business days prior to the desired meeting date. The request must include a brief description of the proposed development, site location, and any preliminary plans or concepts.
4. Discussion Topics. The pre-application meeting or work session will cover, but is not limited to, the following topics:
   1. Overview of the proposed development.
   2. Review of applicable zoning and development standards.
   3.  Identification of potential issues and opportunities.
   4. Explanation of the application and review process.
   5. Feedback and recommendations from the Planning Commission.
5. Outcome. The pre-application meeting or work session is advisory in nature and does not constitute a formal approval or denial of the project. The applicant may proceed with the submission of a formal application based on the feedback received during the meeting.
   

A preliminary site plan shall be submitted and considered concurrently with an application for approval of a MPC Zone. Application will be determined complete by the City Planner prior to review by the Planning Commission. The preliminary site plan shall show at least the following:

1. The proposed zone name and location.
2. A proposed development agreement.
3. Permitted, conditional, accessory uses proposed for and in the MPC Zone.
4. Proposed residential use density.
5. Minimum lot sizes.
6. The range of average lot sizes.
7. Building locations.
8. Building elevations.
9. Open Space in the MPC Zone.
10. Parking.
11. Landscaping.
12. Pedestrian and traffic circulation.
13. Drainage and stormwater retention plan.
14. Utility Layout including a plan for the installation of fiber optic lines and a secondary water system.
15. Plans for grading.
16. Proposed development standards providing:
    1. Lot standards establishing requirements for lot area and dimensions;
    2. Building, setback shall meet R-1/2 standards for front, side, and rear yards; and
    3. Building regulations addressing building height, building orientation, and architectural design guidelines.
17. A conceptual master plan showing:
    1. The location of any proposed and/or existing easements, and rights-of-way.
    2. The location, arrangement and configuration of Open Space, including the location, arrangement, and configuration of any parks and/or trails. Trails shall be constructed with material deemed suitable by the City Council upon a recommendation of the City Engineer.
    3. The location and design of street infrastructure and that the proposed street infrastructure is in harmony with the City's Road Master Plan. For developments over 30 units, there must be two points of access.
18. Impact statement, showing the effect the proposed MPC Zone will have on the environment, city utilities, traffic, and schools. The City Engineer may at their own or at the request of the Planning Commission or City Council conduct a traffic and/or environmental studies to determine the impact the proposed MPC Zone may impose on existing infrastructure and future development. The application shall solely bear the costs of any impact study, either done at the applicant's direction or at the direction of the City Engineer, City Council, or Planning Commission.
19. USDA/NRCS soils map with soil descriptions and hydric soil designation.

Compliance with the requirements of this ordinance does not exempt any applicant from meeting any other applicable requirements of this Chapter and the Willard City Zoning and Land Use Ordinances.

If the MPC Zone is proposed to be developed in phases, the preliminary site plan shall also show phase boundaries. Each phase shall be of such size, composition, and arrangement so that construction and operation of each phase is feasible as a unit, independent of any subsequent phase.

After consideration of the site plan, application, and proposed development agreement, the Planning Commission shall make a recommendation to the City Council regarding the MPC Zone. At the same time, the Planning Commission shall approve, approve with conditions or recommend the disapproval of the preliminary site plan for the proposed MPC Zone. Planning Commission approval of a preliminary site plan, application, and/or development agreement shall not be effective unless and until a corresponding MPC Zone is approved by the City Council.

The development standards may include development regulations regarding processing of applications, common and private Open Space guidelines, natural resource protections, grading, drainage and street standards.

In considering an application for an MPC Zone, the proposed site plan, application, and development agreement may be modified by the City Council to meet the intent and requirements of this Chapter and may include regulations and standards other than those proposed by this Chapter.

An MPC zone shall only be established with the concurrent approval of a development agreement that is mutually agreeable between the applicant of an MPC Zone and the City.

Submittal of an application for an MPC Zone does not guarantee the application will be approved. An MPC Zone may be approved only if the City Cow1cil, after receiving a recommendation from the Planning Commission, finds the MPC Zone and the associated preliminary plan, application, and development agreement meet the findings required for approval.

The proposed MPC Zone may be approved only if the City Council makes all of the following findings:

1. The MPC Zone must demonstrate a clear and measurable benefit to the city of Willard. The development should positively contribute to the community, environment, and local infrastructure. This includes, but is not limited to:
   1. Enhancing public spaces and amenities.
   2. Improving transportation infrastructure.
   3. Promoting environmental sustainability.
   4. Supporting local economic growth and job creation.
   5. Providing high-quality housing options.
   6. Developments within the MPC Zone should align with the city's long-term strategic goals and enhance the overall quality of life for Willard's residents.
2. The proposed MPC Zone conforms to the guidelines and policies of the General Plan.
3. The MPC Zone provides equal or greater compatibility with surrounding land uses.
4. Additional Factors Considered but not Required.
   1. The MPC Zone is necessary to provide land use or design standards tailored to a specific geographic area and development program that cannot otherwise be provided through conventional zoning.
   2. The MPC Zone provides equal or greater protection to sensitive lands than would occur with conventional zoning.
   3. The MPC Zone avoids incompatible development on lands subject to natural hazards.
   4. The MPC Zone promotes efficient land use by allowing housing and/or commercial development at densities that are appropriate for the area.
   5. The MPC provides equal or greater opportunities for alternative modes of transportation such as walking, bicycling, or transit, than would occur with conventional zoning by:
      1. Encouraging or requiring significant mixed-use development where appropriate; and
      2. Providing a master plan with direct and convenient pedestrian or bicycle connections between all land uses.

Upon approval, each MPC Zone shall be given a unique name following the designation "MPC-" and shall be independent of any other MPC Zones.

Preliminary site and landscape plans will be submitted and reviewed concurrently with a rezone request. The Planning Commission shall review the preliminary plan and rezone with any attached conditions and forward said plans to the City Council with their recommendation. The City Council will review the plans and determine whether they are approved or disapproved. The City Council may not approve an application for rezone to any of these zones unless a preliminary plat for property being rezoned has already been approved on condition of successful rezone. The subdivision submittals and review shall follow the procedures outlined in Subdivisions 24.80, “Subdivision Regulations.”

Amendments to an approved preliminary plan and application shall be obtained by following the procedures required for first approval as set forth in this section.

Any Developer of an MPC Zone created under this ordinance shall be begin and show diligent and consistent work towards the construction of an MPC Zone commenced within one (1) year of the date from which the City Council grants approval of the Zone and the accompanying development agreement; or the MPC Zone application shall be denied and the zone shall revert to the previous zone.

Prior to the commencement of "Development Activities" as defined in Utah Code Ann. §10-9A-101 et seq., or the recording of any subdivision plat, a developer must file a cash bond, or an escrow bank account bond, or an irrevocable letter of credit as an improvement assurance in a form approved by the Willard City Attorney.