19.26.13 Large Scale Planned Community Districts

1. Applicability of Section. Planned Community Districts that include more than 2,000 acres (hereinafter referred to as “Large-scale Planned Community Districts”), affect the City’s planning in unique ways and may involve a longer build-out horizon than smaller Planned Community Districts. At the election of landowners seeking the application of the Planned Community Zone to property exceeding 2,000 acres in size, and upon approval of a District Area Plan, as set forth below, such property shall be designated a Large-scale Planned Community District, and shall be governed by the provisions of this Section 19.26.13, and other sections of this Chapter as specifically indicated in this Section 19.26.13. Large-scale Planned Community Districts may consist of multiple, non-contiguous parcels. 2. Adoption and Amendment of District Area Plans. An approved District Area Plan shall be required at the time property within a proposed Large-scale Planned Community District is assigned the designation of Planned Community Zone. Prior to approval by the City Council, a proposed District Area Plan shall be submitted to the Planning Commission for review and recommendation. The District Area Plan shall cover the entire proposed Large-scale Planned Community District, and shall contain the following information: a. Proposed name for the Large-scale Planned Community District; b. A map depicting: i. the location of the Large-scale Planned Community District; ii. acreage; iii. boundaries; iv. scale; v. north arrow; and vi. a conceptual layout of land use designations, major thoroughfares and transit corridors; c. Proposed land uses and place types, and allowable density and land use intensity ranges for such proposed place types; d. Planning criteria and guidelines as described in Subsection 3. below; e. A table showing the proposed: i. number of residential units, ii. total floor area (measured in square feet) of the various non-residential land uses, and iii. total number of Equivalent Residential Units; f. Major existing land uses, roads, waterways, utilities, easements and flood boundaries; g. Topography and significant geographical features on or adjacent to the property; and h. Other aspects of the plan for the property as desired by the applicant. i. The proposed District Area Plan shall be submitted in both hard copy and electronic form. The proposed District Area Plan shall constitute a land use application for all purposes of Utah law. The adoption of the District Area Plan, and any subsequent amendment thereof, shall be accomplished in the same manner as the adoption and amendment of Community Plans under Section 19.26.05, except that the Planning Commission shall not be required to make the findings set forth in Subsections 1.c. through 1.g. In addition, amendments shall follow the process in subsection 19.26.13. Prior to adoption and approval, the City Council, taking into account the recommendations of the Planning Commission, may require such changes to the proposed District Area Plan, including without limitation the addition or deletion of detail to or from the proposed District Area Plan, as shall be necessary, in the discretion of the City Council, to justify the vested entitlements associated with the District Area Plan under Section 7. 3. Planning Criteria and Guidelines. The District Area Plan shall include planning criteria and guidelines generally governing the planning of the Large-scale Planned Community District, and the preparation of one or more subsequent Community Plans and Village Plans. Such criteria and guidelines shall be sufficient to establish the overall character of the various land use designations. More detailed development standards and architectural guidelines shall be required at the Community Plan and Village Plan stages. The locations and boundaries of the various land use designations may be adjusted through the approval of the subsequent Community Plans and Village Plans. 4. Approvals Required After District Area Plan Approval. The review and approval of applications within a Large-scale Planned Community District after approval of the District Area Plan and prior to construction shall be governed by the provisions of this Chapter, including the Community Plan requirements of Sections 19.26.03 through 19.26.08, the Village Plan requirements of Section 19.26.03 and Sections 19.26.09 through 19.26.10, and the provisions of Section 19.26.12, except as specifically modified herein. 5. Amendments. District Area Plans may be amended from time to time, and shall be amended prior to or concurrent with the approval by the City Council of a Community Plan or an amendment to a Community Plan that in either case is inconsistent with the then existing District Area Plan. If an amendment is proposed, it shall be processed in the same manner as the original District Area Plan. Amendments may include the following: a. Significant changes in the conceptual layout of proposed land use designations, major thoroughfares or transit corridors; b. An increase in allowable density and intensity ranges for proposed land uses and place types; c. Changes in the planning criteria and guidelines that significantly change the character of the Large-scale Planned Community District; or d. Changes that reduce the ranges of the amount of land dedicated to parks, trails, public use space, natural areas or public facilities as shown on the approved District Area Plan, or that reduce the total amount of open space set forth in the District Area Plan. e. A change in the name of the Planned Community District; f. Minor changes in the conceptual layout of proposed land use designations, major thoroughfares or transit corridors; g. Minor changes in land use or other boundaries; h. Changes that either reallocate or increase overall open space; i. Changes that either reallocate or decrease densities or intensities of use, j. Any change necessary to conform the District Area Plan to an approved Community Plan; or k. Any change necessary to conform the District Area Plan to a change in the City’s General Land Use Plan, Parks & Trails Master Plan, and/or Transportation Plan. 6. Open Space in Large-scale Planned Community Districts. a. Alternative Open Space Requirements. i.Open space shall constitute an integral part of Large-scale Planned Community Districts. ii.Certain Large-scale Planned Community Districts may require a unique and flexible approach to the issue of open space, given 1. the wide variety of anticipated land uses and place types, and the disparate open space needs of the City within such varying land uses and place types, 2. the long build-out horizon for the Large-scale Planned Community as a whole, and the need to coordinate the inclusion of open space elements across long time spans and among several construction phases, and 3. the potential for the City’s open space needs and objectives to change prior to full build-out. iii. In cases such as those under Subsection 5.a.ii., the City Council, taking into account the recommendations of the Planning Commission, may elect, in lieu of the provisions of Subsection 19.26.06.4, to establish alternative requirements for open space in accordance with this Section. b. Approved Ranges. The District Area Plan may establish an acceptable range of the percentage of land required to be dedicated to open space uses within each identified land use or place type approved in the District Area Plan. Such ranges may or may not reflect the general thirty percent requirement present in Subsection 19.26.06.4. In approving such ranges, and any deviation from such thirty percent requirement, the City Council, taking into account the recommendations of the Planning Commission, may take into account the following factors: i. minimum open space requirements, by place type, recommended by one or more accredited and nationally-recognized planning organizations acceptable to the City Council, taking into account the recommendations of the Planning Commission; ii. unique factors affecting the City’s open space needs and objectives that may warrant deviation from such recommendations; iii. any identified City objective to establish a unique identity through the use of open space; iv. walkability objectives; v. wise water management; vi. cost of long-term maintenance; and vii. any other factors considered relevant by the City Council. c. Precise Requirements within Ranges. When evaluating the more precise extent and design of open space at the Community Plan and Village Plan stages, within the ranges approved in the District Area Plan, the City Council shall take into account the following factors: i. the desirability and balance, within certain place types, between active open space and passive open space; ii. the intensity of programmed uses within the proposed open space (by way of example, a public swimming pool on three acres may provide the same open space benefit to the City as a park on ten acres); iii. the capital requirements of the open space features (by way of example, a skate park may satisfy the same open space requirement as a much larger soccer field); iv. the shifting of open space from one place type to another (by way of example, open space in a retail place type may be reduced to offset a larger community park in another location within the District); v. the accessibility and proximity of the open space; vi. the quality of the open space; vii. requirements for land dedication, capital improvement, maintenance, and impact fees to ensure that cross-subsidization between the project and the remainder of the City does not occur, in order that all City residents bear their fair burden of the costs associated with such requirements; and viii. any other factors considered relevant by the City Council, taking into account the recommendations of the Planning Commission. d. Elements of Open Space. Open space for purposes of Large-scale Planned Community Districts may include any space, element, or feature deemed by the City Council, taking into account the recommendations of the Planning Commission, to advance the purpose for which the open space is required. i. By way of example and not limitation, open space and accompanying amenities may include community parks, pocket parks, fields, playgrounds, tot lots, pathways, trails, bike paths, skate parks, pavilions, community gardens, ball fields, cemeteries, community centers, swimming pools, plazas, public squares, sport courts, dog parks, amphitheaters, fountains, water features, golf courses, theme parks, waterways, irrigation canals, drainage detention basins, park strips, planted medians, landscaping, nature preserves, wetlands, hillsides, geologically sensitive areas, viewscapes, wildlife habitat, buffers, public art, benches, and agricultural lands. ii. Allowable open space elements may be approved in the District Area Plan, or in subsequent Community Plans or Village Plans. e. Preservation of Open Space. Open space shall be preserved and maintained through one or more mechanisms designed to preserve its future use for the purpose for which it is intended. Allowable methods of preservation include, but are not limited to: i. dedication of land to the City; ii. recordation of restrictive covenants; iii. granting to the City or other entity a permanent open space or conservation easement; iv. 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; and v. in the case of property belonging to school districts or other public or private entities, the establishment of long-term contractual arrangements which preserve the right of the public to use land or facilities. f. Capital Costs. Nothing in this Subsection 6. shall be construed as imposing on the Applicant the responsibility of assuming the capital costs of constructing open space features. The allocation of such costs shall be consistent with applicable state and federal law and any applicable City impact fee ordinance and capital facilities plan. 7. Interim Uses. Existing and new agricultural uses are permitted to continue prior to approval of a Village Plan for the area in which the uses occur and may continue subsequent to approval of a Village Plan if so permitted under the Village Plan. Sand and gravel operations shall be a conditional use prior to approval of a Village Plan, and thereafter to the extent required in support of development. 8. Effect of a District Area Plan. Approval of a District Area Plan for a Large-scale Planned Community District constitutes a legislative decision of the City Council for all purposes of land use review under Utah Law, and vests the entitlement to develop within the Large-scale Planned Community District in accordance with the approved District Area Plan, and in accordance with the process described in this Chapter 26. a. Such vesting shall include the right to: i. develop the approved number of dwelling units, non-residential square footage, and equivalent residential units; ii. develop the land uses; and iii. provide open space within the ranges, each as set forth in the District Area Plan. b. The City Council, taking into account the recommendations of the Planning Commission, may exercise legislative discretion at the Community Plan and Village Plan approval stages consistent with the District Area Plan, to determine and establish the development standards, design guidelines, and specific land use locations, configurations and allocations, provided that in exercising such discretion, the City Council shall not direct development patterns in a manner that unreasonably inhibits realization of the vested rights granted in an approved District Area Plan. 9. Development Agreement. A Development Agreement governing the general principles and terms of development may be executed between the City and the landowner concurrent with the approval of a District Area Plan. a. Such Development Agreement need not conform to the requirements of Chapter 19.13. b. The City and a Master Developer may enter into Development Agreements containing such other and further vesting provisions as the City Council, taking into account the recommendations of the Planning Commission, finds will promote the public welfare and will protect and enhance property values within the area of the District Area Plan and surrounding areas.