19.07.06 Application of PUD Overlay Zone Provisions to Underlying Zone Provisions

1. In a vested PUD Overlay Zone, variations from the development standards of the underlying zone may be permitted by the City Council provided the variations meet the requirements of this Chapter and are specifically adopted by the City Council as part of the approved PUD plans. Variations, however, shall not include changes in the uses allowed by the zone with which the PUD has been combined. 2. The City Council may, in the process of approving preliminary or final PUD plans, approve variations from the minimum standards of the underlying zone, including minimum densities, lot sizes, setbacks, and open space requirements where there is sufficient evidence that the variations will not adversely affect neighboring property and where the standards of this Chapter are met. 3. Variations to the underlying zone requirements may not be greater than 25 percent except for density bonuses, which are established in each zone under Chapter 19.04. For instance, a required 20 foot front setback may not be reduced to less than 15 feet. 4. Setbacks. a. Subject to 19.07.06.3, variations of setbacks from the underlying zone regulations shall be compensated by providing additional open space in other appropriate areas of the development, shall be in keeping with accepted land use planning principles, and shall only be approved as part of a PUD application duly approved by the City Council. b. Notwithstanding Subsection (a), no structure within a PUD may be closer than twenty feet to the peripheral property line of the entire development. The area within the twenty feet may be used as a buffer strip to be counted toward base open space requirements so long as it meets the definition of open space in Chapter 19.02 and the requirements for “base open space” in Subsection 19.07.07.7 below. If such buffer strip does not meet the definition of “base open space,” then it may be counted towards a density bonus so long as it meets the requirements of this Chapter and is granted in the discretion of the City Council. 5. Base Density. The base density of a PUD shall be based on the density of the underlying zone. If the PUD is located in more than one residential zone, the total number of dwellings for the PUD is calculated by adding up the number of dwellings allowed by each zone, with the applicable density bonus. However, the dwellings in such projects may be placed without regard to zone boundaries. 6. When topography would dictate a lower density than the base residential density of the underlying zone, a density analysis, specific to the site, shall determine the base density for the PUD. 7. Density Bonus and Incentives. The inclusion of certain amenities or design options may result in an allowed increase in density, referred to as a density bonus. The maximum density bonus allowed is established with each zone. The City Council may determine the density bonus, up to the maximum allowed, upon its acceptance of the design options, as set forth in the following two tables: Table 1 – Single and Density Bonus Up to 20 percent Up to 5 percent Up to 5 percent Family Residential Projects Required Design Option Creation of significant recreation or site amenities, e.g., pool, playground, club house, picnic areas, water features, etc. Additional pedestrian, bicycle, or other recreational trails that are separated from vehicular traffic, both within and outside the project. The provision of providing exterior fencing including architecturally designed wrought iron fences, vinyl, structural wood fences, or masonry fences, or, additional landscape buffers with the enhanced width and landscaping specifications. Table 2 – Multi-family Residential and Mixed Use Projects Density Bonus Required Design Option Up to 10 percent Creation of significant recreation or site amenities, e.g., pool, playground, club house, picnic areas, water features, etc. Up to 5 percent Additional pedestrian, bicycle, or other recreational trails which are separated from vehicular traffic, both within and outside the project. Up to 10 percent Providing additional landscape buffers with the enhanced width and landscaping specifications. 7. Open Space. PUDs shall provide contiguous open space for use-in-common of residents and occupants of such development and members of the public (“base open space”). Said base open space shall be consistent with the definition of open space as found in Chapter 19.02 of this code and shall comprise, at a minimum, thirty percent of the project area. The required base open space shall not include areas that are occupied by structures, parking areas, or streets, nor shall it include areas that are separated by such areas. Credit towards meeting minimum open space requirements may be given for sensitive lands as defined in Chapter 19.02. However, no more than fifty percent of the required base open space area shall be comprised of sensitive lands. a. The required base open space areas shall be contiguous, not a collection of remnants. Such areas shall include: i. areas with natural features worthy of preservation, which may not be buildable, such as canyons or slopes, ridge lines, wetlands, stream or creek corridors, wildlife habitat, geologically sensitive areas, and significant views and vistas. This may be included in the peripheral buffer strip; and ii. significant agricultural lands worthy of preservation for continued agricultural use. b. No structure within a PUD may be closer than twenty feet to the peripheral property line of the development. The area within the twenty feet may be used as a buffer strip to be counted toward open space requirements, or in private lots. c. The base open space requirement may be reduced to a minimum of twenty-five percent at the discretion of the City Council if it is determined that reducing the base open space requirement: i. will result in a more attractive development; ii. will allow for larger or better designed lots or multi-family developments; iii. will result in more or better open space facilities and amenities; or iv. will better utilize the property covered by the PUD. The basis or criteria to reduce open space may not also be used to justify a density bonus. d. The following criteria shall be considered when granting a density bonus for additional open space: i. whether the open space is held in common via public ownership or by a homeowner’s association with a permanent open space easement; ii. whether the open space is large enough for the use of all residents of the project or the general public. Such spaces shall include improvements such as playgrounds, pathways, pavilions, play courts, ball fields, or informal spaces which encourage the use and enjoyment of the open space. Such areas may include lands, which are buildable, such as prominent ridgelines, views and vistas, and areas of significant native vegetation; or iii. whether the open space improves or makes more accessible agricultural lands such as equestrian facilities, stables, etc. for the use of area residents. e. The City Council shall require the preservation, maintenance, and ownership of all open space through one, or a combination of, the following: i. dedication of the land as a public park or parkway system; ii. dedication of the land as permanent open space on the recorded plat; iii. granting the City a permanent open space easement on the open spaces to guarantee that the open space remains perpetually in public use, with ownership and maintenance being the responsibility of a homeowner's association; or iv. through compliance with the provisions of the Condominium Ownership Act as outlined in Title 57 of the Utah Code, which provides for the payment of common expenses for the upkeep of common areas and facilities. f. In the event the common open space and other facilities are not maintained under Subsection e. in a manner consistent with the approved final PUD plan, the City may at its option cause such maintenance to be performed and assess the costs to the affected property owners or responsible association. g. Any changes in use, or arrangement of lots, blocks, and building tracts, or any changes in the provision or type of open space must be submitted for review and approval by the City Council.