Chapter 16.10
MASTER DEVELOPMENT PLANS
Sections:
16.10.010 What this chapter does.
16.10.020 Purpose.
16.10.030 Master development plans required.
16.10.040 General considerations.
16.10.050 Application.
16.10.060 Approval process.
16.10.070 Criteria for review of master development plans.
16.10.080 Expirations and extensions of approvals.
16.10.010 What this chapter does.
This chapter establishes the requirements and review and approval processes for master development plans, master development plan agreements and required information to be submitted. [Ord. O-16-2010 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 2.1)].
16.10.020 Purpose.
Development of large tracts of land requires careful, detailed, and well-informed coordinated land use planning and additional planning, design and funding by or on behalf of the city for roads, water, sewer, dry utility infrastructure, parks and other kinds of public facilities and services to serve the public interest. It also involves major investments in land and infrastructure, which often take place before it is feasible for a developer to file an application specific enough to obtain development approval for a subdivision, site plan, building permit, etc. There are essentially three components that comprise the master development plan process: a land use plan, a utility plan, and an economic analysis. Dependent upon the location of existing utilities and project size, the master development plan process may require all three plans to be reviewed and approved simultaneously.
A. Land Use Plan – Zoning Districts. Approval of a land use and zoning plan for a specified geographic area that is being proposed for development;
B. Utility Plan – Required Infrastructure. All off-site utilities and other public infrastructure that will be required to be installed in order to service the proposed development, including an estimated demand on all city utility systems;
C. Economic Analysis – Funding Mechanisms. Funding mechanisms to provide for all off-site utilities and other public infrastructure. [Ord. O-16-2010 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 2.2)].
16.10.030 Master development plans required.
A. Parcel in Excess of 160 Acres. A master development plan containing a land use plan, utility plan, and economic analysis shall be required of any development that is in excess of 160 acres in size or which has a gross density of 5.21 dwelling units per acre or higher. Property that is proposed for development and contiguous to other parcels that are all held in common ownership shall be considered the same property for the purpose of this requirement. In such cases where multiple property owners of contiguous land propose development together, such parcels shall be considered the same property for the purpose of this requirement. Property shall not be divided in order to circumvent the size requirements with respect to the submittal of master development plans.
B. Annexations. A master development plan shall be required for property that is in excess of 160 acres and is pending annexation into the corporate boundaries of the city for the purposes of immediate development. Land that is in excess of 160 acres may be annexed into the city and shall be zoned as agricultural and a master development plan required upon the development of the property.
C. City Council Discretion. Notwithstanding the requirement for a master development plan for parcels in excess of 160 acres, the city council may require, at its discretion, a master development plan for any development within the city. In certain cases, the planning commission may recommend that the city council waive the land use plan, utility plan, or economic analysis of the master development plan process depending upon the size of the parcel and location of the property to existing utilities. [Ord. O-16-2010 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 2.3)].
16.10.040 General considerations.
The following general considerations apply to all proposed master development plans:
A. Densities and Zoning Districts. In granting approval of a master development plan, the city allows a developer or owner to vest the right to a specified use, or range of uses, and density, or range of densities, within a specified area. A master development plan proposal is a zoning change request and must contain specific proposed zoning districts and site use designations authorized by EMMC Title 17 for each proposed major phase of the proposed master development plan and all land within the plan area.
B. Zoning Map and General Plan Amendments. An application for approval of a master development plan shall be processed as an application for a zoning map amendment and general plan future land use plan and transportation corridor map amendment if necessary.
C. Licensed Professionals. Every master development plan, including all phases of future development, shall have professionally licensed engineers, landscape architects, and other design professionals directly involved in the project that shall be available during presentations to the planning commission and the city council. Review of applications for the approval of master development plans shall be guided by the criteria established in this title.
D. Development Approvals. Approval of a master development plan does not constitute approval to proceed with development. A developer is required to obtain subdivision and development approvals required by this title and other city ordinances. Separate permits or approvals are required to grade property, excavate, install utilities, subdivide or otherwise improve property as dictated by state statutes and the city’s ordinances.
E. Development Agreement. Creation of a development agreement that identifies land uses, zoning, residential densities, nonresidential land uses, public and private funding obligations, construction of public and private amenities, impact fees or other development credits, bonus density systems and phasing of the development shall be executed upon approval of the master development plan. [Ord. O-16-2010 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 2.4)].
16.10.050 Application.
Property owners or their duly authorized agent shall make application for a master development plan on forms prepared by the planning director. No master development plan application shall be processed without the submission of the application, all the supporting materials required by this chapter, and the processing fee. Incomplete applications shall not be processed under any circumstance.
A. Supporting Materials. All master development plan applications shall contain, at a minimum, the following information. The number of hard copies and electronic copies, as well as the appropriate format of each, will be determined by the planning director.
1. Legal Description. A legal description of the property.
2. Vicinity Map. A vicinity map showing the approximate location of the subject parcel with relation to the other major areas of the city.
3. Traffic Plan. A plan showing the major street layout with detailed traffic study prepared by a traffic engineer.
4. Public Notice. Addressed and stamped envelopes (the city’s address will be the return addresses on the envelopes) of all property owners located within 600 feet of the proposed master development plan area (including a minimum of at least 25 adjacent property owners).
5. Fee. The processing fee required by the current consolidated fee schedule approved by the city council.
B. Land Use Plan. Master development plans that are required to submit a land use plan shall submit the following in addition to the items identified in subsection A of this section:
1. Existing Conditions. A map showing the existing physical characteristics of the site including waterways, geological information, fault lines, general soil data, and contour data at two-foot intervals.
2. Compatibility Statements. A statement explaining how the proposed development is compatible with surrounding land uses and other areas of the city and how internal compatibility will be maintained.
3. Environmental Impact Report. Five environmental impact reports and an electronic copy in an acceptable format detailing potential impacts of the proposal on existing vegetation and wildlife, watercourses, sources of water, waste generation, noise, etc. Sensitive lands, historical sites, and endangered plants should be identified. The planning director shall establish a format for this submission and identify those areas requiring specific attention.
4. Land Use Map. A map together with a general description of the proposed development indicating the general development pattern, land uses, proposed densities, open spaces, parks and recreation, trails and any other important elements of the project.
5. Zoning Districts. A compatibility statement that demonstrates compliance with the zoning district that exists on the subject property or the zoning district that is being proposed for the subject property.
6. Parks and Open Space Trail Plan. A plan showing the maps indicating how the proposed master plan will comply with the city’s open space, parks, trails and recreation regulations.
C. Utility Plans. Master development plans that require a utility plan shall submit the following items in addition to those identified in subsection A of this section:
1. Grading, Drainage, and Erosion Plan. A grading, drainage and erosion plan showing the existing roadways, drainage ways, vegetation and hydrological conditions of a 10-year, 24-hour event and a 100-year, 24-hour event.
a. The major basin descriptions referencing all major drainage reports such as FEMA, major drainage planning reports, or flood insurance maps and the basin characteristics and planned land uses.
b. The subbasin description showing the historical drainage pattern and off-site drainage patterns both upstream and downstream of the property.
c. A general discussion of how the proposed system conforms to existing drainage patterns and off-site upstream drainage will be collected to protect development.
d. The water quality evaluation showing the water quality shall not be degraded from existing storm water quality including how solids are collected and not allowed to be discharged into downstream waters and how oils and greases are separated from storm water.
2. Infrastructure Map. A map showing the existing and proposed infrastructure including proposed roadways, utility locations and capacities and the estimated impacts of the proposed master development plan on all public utilities including potable water, irrigation water, wastewater, transportation, fire protection, solid waste, parks and recreation demands of the proposed project.
D. Economic Analysis. Master development plans that require an economic analysis shall submit the following items in addition to those identified in subsection A of this section:
1. Financing Infrastructure. A financing infrastructure report describing in reasonable planning-level detail the cost of all infrastructures required to serve the area of the proposed plan. Engineering estimates of construction costs, based upon recent expenses incurred for similar facilities in the area, may be used. The financial element may suggest the use of special improvement districts with privately funded reserve funds or the use of other financial methods requiring the cooperation of the city or the use of public finance authorization legally and practically available to the city. The plan shall include the use of property collateral of the development proponent to assure the city that the proposal will not unduly burden the city, adjoining landowners who will not voluntarily participate in the project or other property owners in the city. The plan must show that the required infrastructure can be constructed by the developer or jointly by the city and the developer using the funding provided by the developer sponsored by publicly authorized financial methods proposed in the plan. [Ord. O-16-2010 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 2.5)].
16.10.060 Approval process.
Upon the completion of a concept plan, the developer shall file a properly completed master development plan application. The master development plan application shall not be construed as an absolute right upon submission of an application and does not require the approval body to take action based upon findings of facts. The planning commission and city council shall review and take action on proposed master development plans in accordance with the following procedure:
A. Planning Commission Review. Upon receipt of a complete master development plan application, the planning director shall schedule the application for a public hearing before the planning commission. The planning director shall cause all property owners within 600 feet of the boundaries of the proposed master development plan area (including a minimum of at least 25 adjacent property owners and affected entities if there be any) to be notified by first class mail of the time and place of the public hearing at least 10 days prior to the planning commission meeting. A copy of the public notice of the hearing shall also be posted in three public places (including the city offices) within the city at least 10 days prior to the hearing. The city recorder shall cause that this hearing is advertised in accordance with the requirements of any applicable state statutes.
B. City Council Review. The city council, after receiving a recommendation from the planning commission, shall also conduct a public hearing. The notice requirements for this hearing are identical to the planning commission hearing.
C. Development Agreement. Prior to taking final action on a proposed master development plan, the city council shall also approve a master development plan agreement negotiated with the developer. This agreement shall set forth the vesting granted to the property, phasing of the development, expiration date of the agreement, timing of construction of public improvements, maintenance of improvements, and any other special conditions relating to lot design, performance standards, necessary off-site conditions or improvements, shared open space, parks, location of utilities, physical characteristics of the subject property and any other conditions or methodologies that need to be identified within the development agreement. [Ord. O-16-2010 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 2.6)].
16.10.070 Criteria for review of master development plans.
Master development plans shall be evaluated using the following criteria. The planning commission and city council will determine compliance with these criteria:
A. General Criteria.
1. Slope. Is the slope of each area designated for a particular use or density suitable for that use or density?
2. Natural Hazards. Can the proposed uses reasonably be established without hazard of slope failure (rockfall, landslides, debris flows, and similar earth movements)?
3. Storm Water Runoff. Given proper planning (as will be required at the time of an application for a major development permit), can the proposed uses and densities reasonably be established without accelerating runoff and erosion in a way that would have adverse downslope or downstream impacts?
4. Protection of Natural Channels. Will the proposed uses and densities be reasonably compatible with the protection of natural channels?
5. Flooding. Will the proposed uses be reasonably safe from flooding, including alluvial fan flooding?
6. Soil Characteristics. Is the soil in each area designated for a particular use or density generally suitable for that use or density? Soil characteristics that shall be considered in answering this question include depth to rock, depth to water table, texture, permeability, expansiveness, corrosivity, and runoff potential. The suitability tables found in the Soil Survey of the Fairfield-Nephi Area, Utah, parts of Juab, Sanpete, and Utah Counties issued by the USDA Soil Conservation Service may be used in answering this question.
B. Criteria Related to Infrastructure.
1. Utilities. Can the proposed uses and densities be adequately served by Eagle Mountain’s planned municipal utilities?
2. Streets. Can the proposed uses and densities be adequately served by Eagle Mountain’s planned network of major streets?
3. Water Rights. Is there legally enforceable documentation to the satisfaction of the city attorney that substantiates the ability of the developer to convey water rights to the city based on the number of dwellings and commercial uses in the project and the area developed, including both building lots and common usable open space?
C. Criteria Related to Compatibility.
1. Compatible Densities – Adjacent Parcels. Will the proposed uses and densities be reasonably compatible with existing or planned uses on adjoining lands? Is the proposed plan consistent with the Eagle Mountain City future land use plan map? The answer to this question may be based on the assumption that the proposed uses and densities will comply with this title and EMMC Title 17, including the performance standards designed to help ensure land compatibility.
2. Compatible Densities – Internal Parcels. Will the proposed uses and densities be reasonably compatible with each other? The answer to this question shall be based on the assumption that the proposed uses and densities will comply with this title and EMMC Title 17, including the performance standards designed to help ensure land compatibility.
3. Buffering Incompatible Uses. Does the placement of proposed uses and densities help buffer potentially incompatible uses from one another?
D. Criteria Related to Design.
1. Open Space. Do the proposed densities include the planned community open space required by this title? Does the proposed pattern of uses and densities attempt to make effective use of the planned community open space?
2. Neighborhood Open Space. Are the proposed uses and densities consistent with the provisions of ample neighborhood open space? [Ord. O-16-2010 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 2.7)].
16.10.080 Expirations and extensions of approvals.
Master development plan approvals shall expire two years from the date of approval by the city council if a master development agreement has not yet been approved.
A. Extensions of Time. An extension of time may be requested by an applicant with the following requirements:
1. A written, signed request for an extension of time shall be received by the planning director prior to the expiration date of the project.
2. The request for an extension of time shall specify any progress made on the project’s conditions of approval, and the reasons for the extension request, along with supporting documentation.
B. Criteria for Approving Extensions of Time. It is the responsibility of the applicant to request an extension of time prior to a project’s expiration. The city is not responsible to remind applicants of expiration dates. The planning director shall approve or deny a request for an extension of time within a reasonable period of time after receiving the request. The planning director may grant up to a single one-year extension of time to any project that meets one of the following criteria:
1. The applicant must have shown a good faith effort to initiate the project by systematically completing predevelopment conditions.
2. The applicant’s initiation of development activities is based on an action by the city or other public agency which has not taken place or was delayed, resulting in a time delay beyond the permit holder’s control.
C. Appeals. An applicant may appeal the planning director’s decision to the planning commission within 15 days of the date of the decision. The applicant may then appeal a decision of the planning commission to the city council within 15 days of the planning commission’s decision. In no case shall the planning commission or city council approve more than a single one-year extension of time.
D. Resubmitting an Expired Project. A project that has expired may be resubmitted within two years of the expiration date for a fee to cover time and materials, not to exceed 50 percent of the original fee, if the project is substantially similar to the expired plan. The resubmitted project must be in compliance with the current development code at the time of resubmittal. [Ord. O-16-2010 § 2 (Exh. A)].