19.26.06 Guiding Standards of Community Plans

1. Development Type and Intensity. The allowed uses and the conceptual intensity of development in a Planned Community District shall be as established by the Community Plan. 2. Equivalent Residential Unit Transfers. Since build-out of a Planned Community District will occur over many years, flexibility is necessary to respond to market conditions, site conditions, and other factors. Therefore, after approval of a Community Plan, residential density or non-residential intensity may be transferred within the Planned Community District as necessary to improve design, accessibility, and marketability. Guiding transfer provisions shall be provided in the Community Plan and detailed transfer provisions shall be established in the Village Plans. Transfer provisions shall adhere to the following standards: a. The overall intent and character of the Community Plan shall be maintained and the transfer of Equivalent Residential Units shall not materially alter the nature of each land use, land use designation, or district established in the Community Plan. b. The maximum number of Equivalent Residential Units established in the Community Plan shall not be exceeded. c. The method to transfer Equivalent Residential Units shall be established within a Community Plan, provided that the transfer of Equivalent Residential Units into or out of any land use designation or district established in the Community Plan shall not exceed fifteen percent without approval of the City Council. In no case shall the transfer of Equivalent Residential Units into or out of any land use designation or district exceed twenty percent of that established in the Community Plan. d. Equivalent Residential Units may not be transferred from a more intensive into a less intensive land use designation or district established in the Community Plan such that it exceeds the underlying maximum density and intensity limits. e. Equivalent Residential Units may not be transferred into any open space, park, or school unless said use is replaced elsewhere within the same district. f. Each Community Plan shall identify the manner in which transfers of Equivalent Residential Units shall occur. 3. Development Standards. Guiding development standards shall be established in the Community Plan. a. The Community Plan standards shall be sufficient to establish an overall theme and appearance for the entirety of the Planned Community District by establishing a common landscape philosophy, common lighting, consistent fencing and buffer treatments, signage, and a hierarchy of entry monuments. b. The Community Plan shall establish common architectural guidelines meeting the City’s design standards to address style authenticity, color, material, form and massing, and building entry. c. The Community Plan shall establish a mechanism to assure architectural quality and consistency throughout the Planned Community District. d. Detailed development standards and regulations shall be contained in a Village Plan and may replace or supplement the standards contained in the Land Development Code, except where specifically provided in the Village Plan. e. Any matters not specifically addressed in the Village Plan will be governed by other applicable regulations and standards of the City. f. Community Plans or Village Plans shall not supersede engineering standards adopted by the City. Notwithstanding, alternative road cross sections may be approved by the City Council subject to the legislative discretion of the City Council. 4. Open Space Requirements. Open space, as defined in Section 19.02.02, shall comprise a minimum of thirty percent of the total Planned Community District area. a. Open space is defined as: i. active open spaces such as parks, playgrounds, pathways and trails, pavilions, community gardens, ball fields, community centers, swimming pools, plazas, sports courts, and informal spaces which encourage the use and enjoyment of the open space; ii. sensitive lands, including, but not be limited to: canyons and slopes in excess of thirty percent, ridge lines, streams or other natural water features, creek corridors, historic drainage channels, wildlife habitat, native vegetation, wetlands, geologically sensitive areas, and significant views and vistas; however, no more than fifty percent of the required open space area shall be comprised of sensitive lands; iii. agricultural lands and equestrian facilities worthy of preservation for continued use; and iv. entry features and any portion of a park strip or landscaped median that exceeds City standards, or other amenities, such as fountains and public art, that creates attractive neighborhoods. b. Open space shall not include: i. lands occupied by residential, commercial, light industrial, office structures, parking areas, streets or sidewalks; ii. setbacks and spaces between buildings or parking areas or other hard surfaces that have no recreational value; and iii. areas between multi-family structures or similar treatments that are not larger than 5,000 square feet, are not part of a community trail system, and are not developed as a recreational or community amenity (e.g. park, pool, community garden, and picnic area). c. Open Space shall be preserved and maintained 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 private open spaces to guarantee that the open space remain perpetually in recreation use, with ownership and maintenance being the responsibility of an owner’s association, master association, or other governing body; iv. through compliance with the provisions of the Condominium Ownership Act, as outlined in Utah Code Title 57, and which provides for the payment of common expenses for the upkeep of common areas and facilities; or v. in the event the common open space and other facilities are not maintained in a manner consistent with the approved plan, the City may at its option cause such maintenance to be performed and assess the costs to the affected property owners’ association, master association, or other governing body. 5. No structure (excluding signs and entry features) may be closer than twenty feet to the peripheral property line of the Planned Community District boundaries. a. The area within this twenty foot area is to be used as a buffer strip and may be counted toward open space requirements, but shall not include required back yards or building set back areas. b. The City Council may grant a waiver to the requirement set forth in this Subsection upon a finding that the buffer requirement will result in the creation of non-functional or non-useable open space area and will be detrimental to the provision of useful and functional open space within the Project.