Chapter 18.115
COMMERCIAL DEVELOPMENTS
Sections:
18.115.030 Purpose for commercial development standards.
18.115.040 Design and layout considerations.
18.115.070 Compliance with zoning provisions.
18.115.080 Development design.
18.115.090 Development layout.
18.115.100 Submission and approval process.
18.115.110 Concept plan application procedure and requirements.
18.115.130 Final plat – Features to be shown on final plat.
18.115.140 Final plat – Construction plans.
18.115.150 Final plat – Format.
18.115.160 Final plat – Planning Commission recommendation of final plat.
18.115.170 Final plat – Council public hearing and approval of final plat.
18.115.180 Final plat – Dedications.
18.115.190 Final plat – Proof of utility service.
18.115.200 Final plat – Outstanding obligations.
18.115.210 Final plat – Vested rights.
18.115.220 Final plat – Signing and recording of final plat.
18.115.230 Exceptions to the requirements of FCC Title 17 and other requirements of this code.
18.115.010 Generally.
This chapter details the regulations and requirements for any commercial development that occurs in the City of Francis. This chapter will address issues such as intensity, circulation, design, compatibility, and landscaping. The approval process is also outlined in this chapter. All commercial developments are required to satisfy these requirements and those found in the relevant sections of Chapters 18.20 through 18.55 FCC. (Ord. 2016-09 § 1, 2016; Ord. 66 § 7, 1993.)
18.115.020 Relationship to other requirements of this code and other federal, state and City ordinances.
The requirements for commercial developments found in this chapter are in addition to all other applicable requirements of this title and FCC Title 17 and other federal, state and City ordinances. All commercial developments must satisfy all the requirements of this chapter and all other applicable federal, state and City requirements including the requirements found in this title and FCC Title 17, prior to final plat approval. (Ord. 2016-09 § 1, 2016; Ord. 66 § 7.1, 1993.)
18.115.030 Purpose for commercial development standards.
These commercial development standards are adopted for the following purposes:
1. To provide organized, safe, and sustainable commercial development.
2. To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the community, avoiding congestion and providing effective pedestrian facilities and linkages.
3. To establish standards of architecture and design in order to create an attractive commercial area that will draw desirable tenants, add beauty to the City, and become a gathering place for the citizens. (Ord. 2016-09 § 1, 2016; Ord. 66 § 7.2, 1993.)
18.115.040 Design and layout considerations.
All applications for commercial development will be required to submit a concept plan and prepare a final plat using the criteria in this section as a guide, and in accordance with FCC 18.115.100. The Planning Commission will also use this criteria in its consideration of approving the final plat.
In addition to the requirements established herein and in FCC Title 17, all final plats shall comply with all applicable statutory provisions, sensitive lands overlay zone regulations, International Building and related codes, City design standards and specifications, the official streets master plan, the general plan, the official zone map, the trails master plan, public utilities plans, and capital improvements program of the City or any other local government having jurisdiction in the development, including all streets, trails, drainage systems and parks, and the rules of the Utah Department of Transportation if the commercial development abuts a state highway or connection street.
If the owner places restrictions on any of the land contained in the development greater than those required by this title and FCC Title 17 or these regulations, such restrictions or reference thereto may be required to be indicated on the final plat, or the Planning Commission may require that restrictive covenants be recorded. (Ord. 2016-09 § 1, 2016; Ord. 66 § 7.3, 1993.)
18.115.050 Unsuitability.
If the Planning Commission or City Council finds lands unsuitable for commercial development due to natural hazards, flooding, improper drainage, fire, steep slopes, rock formations, geologic hazards, potentially toxic wastes, adverse earth formations or topography, wetlands, utility easements, wildlife habitats that cannot be reasonably mitigated, or other natural features, including ridgelines and hilltops, which will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the development or surrounding areas, the land shall not be developed.
The development may be made suitable if adequate methods are formulated by the developer and approved by the City, upon recommendation of a qualified planner or engineer hired by the developer, and approval of the City Engineer, to solve or remedy the problems created by the unsuitable land conditions. The burden of the proof shall lie with the developer to establish the viability of development in these sensitive or unsuitable areas. Unsuitable land shall be set aside or reserved for uses that do not involve such a danger or severe environmental impact. Lands located in sensitive lands areas may be further regulated by Chapter 18.120 FCC.
Additionally, consideration must be given to soil conditions and ground water existence, and may include appropriate setbacks and conservation requirements. (Ord. 2016-09 § 1, 2016; Ord. 66 § 7.3.1, 1993.)
18.115.060 Development name.
The proposed name of the development and all roadways contained therein shall not duplicate, or too closely approximate phonetically, the name of any other development, subdivision or street in the area covered by these regulations or nearby communities. The City Council shall have final authority to approve the name of the development and to select street names. (Ord. 2016-09 § 1, 2016; Ord. 66 § 7.3.2, 1993.)
18.115.070 Compliance with zoning provisions.
All applications for commercial development are required to satisfy the applicable zoning provisions found in Division II of this title. Of particular note for commercial developments are off-street parking and signs. Each commercial development shall satisfy the parking requirements found in Chapter 18.100 FCC. All commercial projects are subject to the guarantees of performance required by this title and FCC Title 17. (Ord. 2016-09 § 1, 2016; Ord. 66 § 7.3.3, 1993.)
18.115.080 Development design.
It is the intention of this section to create attractive and sustainable commercial development. By requiring commercial developments to meet strict design and landscaping standards the City of Francis believes the commercial zones will become a place where citizens and visitors will frequent often, thus making the development more sustainable.
1. Landscaping Requirements. The landscaping requirements found in this section are in addition to any other landscaping requirements of this title and FCC Title 17 or any other landscaping ordinances adopted by the City of Francis. Each applicant for commercial development shall submit a complete and detailed landscaping plan for review by the Planning Commission concurrently with submission of other documents for review by the Planning Commission.
All setback areas adjacent to a public street shall be fully landscaped and properly maintained. Trees shall be planted at the rate of at least one tree per 20 feet along the public street. The applicant shall provide appropriate guarantees on the trees, or they shall have no less than a two-inch caliper. No trees shall be planted within 45 feet of an intersection clear view area. Trees may be planted in clusters to create a more natural and/or screening effect, if appropriate.
All ground areas shall contain grass, or another ground cover acceptable to the Planning Commission, and shall be irrigated sufficiently. Shrubs, flower beds, decorative rocks, and other appropriate landscaping is highly encouraged. All landscaped areas shall be maintained using a sprinkling and/or irrigation system which is capable of being engaged automatically on a regular basis.
Parking areas shall be screened from public view using a landscaped berm, decorative screening wall, planted hedge, or other manner acceptable to the Planning Commission and City Council.
a. Maintenance of Landscaping. All landscaped areas shall be maintained on a regular basis and be kept neat and clean. If the zoning administrator determines the maintenance requirement has not been satisfied, the zoning administrator shall notify the Planning Commission. The Planning Commission shall notify the owner of the subject property, as listed in the office of the Summit County Recorder, of a meeting to be held between the owner and the Planning Commission. The Planning Commission will detail the lack of maintenance and inform the owner that a continued lack of maintenance will warrant issuance of a class C misdemeanor charge against the property owner under the authority of Section 10-9-1003, Utah Code.
2. Compatibility. In addition to the requirements of this title and FCC Title 17, the following design requirements shall apply to each commercial development approved under this chapter. All commercial development should be compatible with surrounding development as to mass, color, signage, and the like. The Planning Commission may make recommendations to the applicant in order to improve compatibility with surrounding development. If changes to the anticipated structure are made, these changes should be submitted to the zoning administrator at the earliest possible date. The zoning administrator will determine whether the changes need to be reviewed by the Planning Commission.
3. Access. Generally speaking, the commercial areas in Francis are located on streets with a higher potential for traffic congestion. Therefore, access to commercial developments shall be limited to the extent possible in order to maintain traffic flow. However, each commercial development may be required to incorporate two points of ingress and egress to the proposed development, where necessary and feasible. No point of ingress and/or egress shall be located closer than 100 feet from another point of ingress and/or egress along the same public street. This requirement may be waived by the Planning Commission and City Council if necessary and appropriate. (Ord. 2017-01 § 1, 2017; Ord. 2016-09 § 1, 2016; Ord. 66 § 7.3.4, 1993.)
18.115.090 Development layout.
Unlike other developments approved under this title and FCC Title 17, commercial developments may have more than one main structure per parcel. In such cases, the applicant shall provide a project master plan to the Planning Commission and City Council indicating the location and size of each proposed structure. Additionally, the project master plan shall indicate accessory buildings, if any. Setback requirements in commercial zones may be varied to improve appearance and circulation, but must be approved by the Planning Commission and City Council. The Planning Commission and City Council shall consider impacts on adjacent parcels, traffic, pedestrian access, landscaping and other relevant issues when recommending setback requirements. (Ord. 2016-09 § 1, 2016; Ord. 66 § 7.3.5, 1993.)
18.115.100 Submission and approval process.
The concept plan provides an opportunity for the applicant, City staff and Planning Commission to meet and discuss the proposed project in the conceptual stage. The applicant can use the concept plan meeting to ask questions of the Planning Commission and City staff, and receive some direction on development design and layout. At the concept plan meeting the City staff and Planning Commission will inform the applicant if the uses are allowed in the zone. The Planning Commission may also discuss the procedure for approval if a commercial development and the specifications and requirements as to general design and layout of streets, reservations of land, street improvements, drainage, water, sewerage, fire protection, mitigation of environmental impacts as determined, and similar matters, as well as the availability of existing services.
The Planning Commission may also advise the applicant, where appropriate, to discuss the proposed development with those agencies who must eventually approve those aspects of the final plat within their jurisdiction, including, but not limited to, the current South Summit Fire District, South Summit School District, and the various utility service providers. Neighbors of the planned project should also be consulted to get their views and concerns.
Fees for projects that require review and/or inspection by the City Attorney, City Engineer, or other consultant(s) shall be billed to the applicant at the actual billed rates incurred by the City, in addition to all other applicable fees. To assure prompt payment, the applicant shall deposit with the City sufficient funds against which the City may draw to satisfy these costs, in amounts set forth in the City’s then-prevailing fee and rate ordinance.
All funds in applicant deposit accounts are available at all times for expenditure by the City to satisfy fees incurred by the City for the project. The City shall notify applicants monthly of the fees incurred during the previous month for the applicant’s project. The City shall pay interest on applicant deposit accounts, at the rate at which the City would earn interest on monies in the City’s general fund balance for the applicable period, and shall credit said interest to the applicant’s deposit account. If the balance on deposit for an applicant drops below an amount sufficient to cover anticipated costs, the applicant must pay all outstanding billings for the month plus bring the deposit account back up to a sufficient amount, as set forth in the City’s then-prevailing fee and rate ordinance. If at any time an applicant’s deposit account does not comply with the provisions set forth herein, the City’s staff and its contractors, agents and consultants shall stop work on the project until the account comes into compliance. At the conclusion or termination of a project, any unexpended amounts in an applicant’s deposit account shall be refunded to the applicant with interest. (Ord. 2016-09 § 1, 2016; Ord. 2011-04, 2011; Ord. 66 § 7.4, 1993.)
18.115.110 Concept plan application procedure and requirements.
Prior to any approval of a commercial development, the owner of the land or an authorized agent shall submit an application for a commercial development concept plan. The plan shall:
1. Include the legal description of the property and all contiguous holdings of the owner with an indication of the portion which is proposed to be developed. Those contiguous areas not included in the development, if any, should include an indication of the proposed future use.
2. Be accompanied by the proper review fee in accordance with the adopted fee schedule.
3. Include an address and telephone number of the applicant and property owner.
4. Include a general written and graphic representation of the proposed development, all approvals being sought, and a presentation of the proposed materials and design theme of the proposed commercial development.
a. City Staff Review of Concept Plan. The City Planner shall consider the concept plan and render a report at a regular meeting of the Planning Commission concerning the plan. The City Planner shall direct the applicant to transmit the concept plan for review to appropriate officials or agencies of the local government, adjoining counties or municipalities, school, fire and other special service type districts, and other official bodies as it deems necessary or as mandated by law, including any review required by metropolitan, regional, or state bodies under applicable state or federal law. City Planner will consider all the reports submitted by the officials and agencies concerning the plan and shall submit a report for proposed action to the Planning Commission for the next available regular meetings.
The scale or complexity of a project or City Planner workload will dictate the processing period. The City Planner will provide the applicant a projected time frame when an application is filed. If the workload is too great for processing by available City Planner in a time frame acceptable to the applicant or additional expertise is required, the project review may be sent out to a consulting planner, engineer or architect approved by the City. The developer will be responsible for all fees incurred in any plan or development review process undertaken by an outside agency or consultant.
b. Planning Commission Review of Concept Plan. The Planning Commission shall study the concept plan and City staff report, taking into consideration the requirements of this title and FCC Title 17 and the general plan. Particular attention will be given to the arrangement and location of structures, sewerage disposal, drainage, utilities, erosion, location of natural or geologic hazards, the further development of adjoining lands, and the requirements of the official zoning map, general plan, land use map(s) and streets master plan, as adopted by the Planning Commission and City Council.
c. Planning Commission Action. There is no approval of a concept plan required or given. After reviewing and discussing the concept plan, City staff report and other reports as submitted by invited agencies and officials, the Planning Commission and City Council will advise the applicant of specific changes or additions, if any, required in the layout, and the character and extent of required improvements and reservations required as a prerequisite to the approval of the final plat. The Planning Commission and City Council may require additional changes as a result of further study of the subdivision in final form. The Planning Commission and City Council will grant the applicant the right to move forward with authorization to prepare and submit a final plat.
Although approval is not required, the Planning Commission shall not review any final plat without completing a review of the concept plan. (Ord. 2021-15 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 1999-1 § 7.4.1, 1999; Ord. 66 § 7.4.1, 1993.)
18.115.120 Final plat.
Following the approval of the concept plan, the applicant may file an application for a final plat. The final plat shall be prepared by a registered land surveyor licensed by the state of Utah and certified on the plat. The final plat shall be prepared in India ink on tracing cloth or reproducible mylar at a scale not less than 100 feet equals one inch. The requirements herein are minimum and other information may be required by the City Council, Planning Commission, or City staff as the need dictates. The applicant shall provide the City with a PDF file of any final plat and a full-size paper copy, if requested.
The final plat shall, at a minimum, contain the following information:
1. The date of the plat, north arrow and name of the development.
2. The location of the development with respect to surrounding property and streets, the names of all adjoining property owners of record or names of adjacent developments, the names of adjoining and proposed streets, and the location and dimension of all boundary lines.
3. The location of existing easements, water bodies, rivers, streams, trails, and other pertinent features such as swamps, buildings, parks, drainage or irrigation ditches, bridges, or other features determined by the Planning Commission. (Ord. 2021-15 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 7.4.2, 1993.)
18.115.130 Final plat – Features to be shown on final plat.
The following list of features is intended to be as complete as possible. However, the applicant is responsible to include all features required by this title and FCC Title 17, the Planning Commission, City Council or City staff on the final plat whether included in this list or not. Failure to show any feature required by this title and FCC Title 17, the Planning Commission, City Council or City staff may result in denial of the plat. The final plat shall be presented to the Planning Commission at least four weeks prior to the regular meeting of the Planning Commission in which the project will be addressed.
The final plat shall, at a minimum, show the following:
1. The date of the map, approximate true north point, scale, and name of the development.
2. The location of property with respect to surrounding property and streets, the names of all adjoining property owners of record or the names of adjoining developments, the names of adjoining streets, and the location and dimensions of all boundary lines of the property to be expressed in feet and decimals of a foot.
3. The location of existing streets, easements, water bodies, rivers, streams, and other pertinent features such as swamps, buildings, parks, cemeteries, drainage or irrigation ditches, bridges, or other features as determined by the Planning Commission and City Council.
4. The location and width of all existing and proposed streets and easements, alleys, trails, and other public ways, and easement and proposed street rights-of-way.
5. The location, dimensions, and areas of all proposed or existing parcels complete with utility easements, lot or parcel numbers, proposed addresses, square footage of each lot or parcel, and building setback lines. All lots in each block shall be consecutively numbered. Outlots shall be lettered in alphabetical order.
6. The location and dimensions of all property proposed to be set aside for park or playground use, or other public or private reservations and open space dedications, with designation of the purpose thereof, types, and conditions, if any, of the dedication, preservation or reservation.
7. The name and address of the owner or owners of land to be developed, the name and address of the developer if other than the owner, and the name of the land surveyor.
8. Sufficient data acceptable to the City Engineer to determine readily the location, bearing, and length of all lines which would enable the engineer to reproduce the lines upon the ground, and the location of all proposed monuments.
9. Names of all new streets.
10. All information required by the Planning Commission or City staff after review of the concept plan.
11. Explanation of drainage and site easements, if any.
12. Explanation of reservations and conservation easements, if any.
13. Owner’s dedication and consent to record as required by applicable state law.
14. Signature blocks for endorsement by the Planning Commission Chair, Mayor, City Engineer, South Summit Fire District and any other signatures required by the Planning Commission.
15. All utility facilities existing and proposed throughout the development.
16. If the plan does not include all contiguous property of the owner of the development, an indication of future use of the additional property.
17. Indication of the nearest location of all public and private utilities.
18. Indication of all slopes greater than 30 percent.
19. A landscaping plan as required herein.
20. The names and addresses of the property owners within 1,000 feet as shown on the county assessor’s tax files, together with a stamped, addressed envelope for each such owner. The mailing address information may be shown on a separate current tax map reproduction from the assessor’s office showing the development imposed thereon.
21. Complete construction plans containing the information required in FCC 18.115.140 and any other information required by the Planning Commission or City staff.
The lack of information under any item specified herein, or improper information supplied by the applicant, shall be cause of disapproval of a final plat. (Ord. 2016-09 § 1, 2016; Ord. 66 § 7.4.2.2, 1993.)
18.115.140 Final plat – Construction plans.
Construction plans shall be prepared for all required improvements. Plans shall be drawn at a scale of no more than one inch equals 50 feet. These requirements are the minimum; other information may be required by the Planning Commission, City Council, or City staff as the need dictates.
The following list of features is intended to be as complete as possible. However, the applicant is responsible to include all features required by this title and FCC Title 17, the Planning Commission, City Council or City staff in the construction plans whether included in this list or not. Failure to show any feature required by this title and FCC Title 17, the Planning Commission, City Council or City staff may result in denial of the plan.
The following features, at a minimum, shall be shown:
1. Profiles showing existing and proposed elevations along center lines of all roads. Where a proposed road intersects an existing road or roads, the elevation along the center line of the existing road or roads within 100 feet of the intersection shall be shown. Approximate radii of all curves, lengths of tangents, and central angles on all streets.
2. The Planning Commission or City Council may require, upon recommendation by the City Engineer, where steep slopes exist, that typical cross sections of all proposed streets be shown.
3. Plans and profiles showing the locations and typical sidewalks, drainage easements, irrigation ditches, servitudes, rights-of-way, manholes, and catch basins; the locations of street trees, streetlights, and street signs; the location, size, and invert elevations of existing and proposed sanitary sewers, storm water drains, and fire hydrants, showing connections to any existing or proposed utility systems, and exact location and size of all water, gas, or other underground utilities or structures.
4. Location, size, elevation, and other appropriate description of any existing facilities or utilities, including, but not limited to, existing streets, sewers, drains, water mains, easements, water bodies or impoundments, streams, and other pertinent features such as swamps, wetlands, buildings, and features noted on the official zoning map. If the development borders a lake, river, or stream, the distances and bearings of a meander line established not less than 20 feet back from the ordinary high-water mark of such waterways.
5. Topography with contour intervals of five feet, referred to sea-level datum. All datum provided shall be the latest applicable U.S. Geodetic Survey datum and should be so noted on the plat.
6. All other specifications, details, and references required by the design standards, construction specifications, and standard drawings, including a site-grading plan for the entire subdivision.
7. Notation of approval by the owner, City Engineer and all utility providers.
8. Title, name, address, signature, and seal of the professional engineer preparing the plans, and date, including revision dates.
9. A limits of disturbance and revegetation plan. (Ord. 2016-09 § 1, 2016; Ord. 66 § 7.4.2.3, 1993.)
18.115.150 Final plat – Format.
The applicant will provide a PDF file of the construction plans to the City. The construction plans should provide signature blocks for and be signed by the City Engineer and the applicant’s engineer and surveyor. (Ord. 2021-15 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 7.4.2.4, 1993.)
18.115.160 Final plat – Planning Commission recommendation of final plat.
The final plat shall be presented to the Planning Commission for their review and recommendation at least four weeks prior to the regular meeting of the Planning Commission in which the project will be addressed. The Planning Commission will review the final plat for compliance with the requirements of this title and FCC Title 17. The Planning Commission shall make a recommendation to approve, approve with conditions, or deny the final plat. The recommendation of the Planning Commission will be forwarded to the City Council by the Planning Commission Chair.
The Planning Commission shall not recommend approval of any final plat until all review fees have been paid in full according to the City fee schedule. (Ord. 2016-09 § 1, 2016; Ord. 66 § 7.4.2.5, 1993.)
18.115.170 Final plat – Council public hearing and approval of final plat.
Following a recommendation for approval, approval with conditions, or denial of a final plat by the Planning Commission, the City Council shall hold a public hearing on the final plat. Notice of the hearing shall be given in accordance with FCC 18.05.060. After review of the final plat and consideration of any testimony or exhibits presented at the public hearing, the Council shall approve, approve with conditions, or deny the final plat. (Ord. 2016-09 § 1, 2016; Ord. 66 § 7.4.2.6, 1993.)
18.115.180 Final plat – Dedications.
At the time of final plat approval, all dedications shall be completed accompanied by all formal irrevocable offers of dedication to the public of all required streets, public uses, utilities, parks, and easements, in a form approved by the City Attorney. (Ord. 2016-09 § 1, 2016; Ord. 66 § 7.4.2.7, 1993.)
18.115.190 Final plat – Proof of utility service.
The final plat shall be accompanied by an inspection fee in an amount to be determined on the basis of the provisions of these regulations, as established by ordinance, and by written assurance from the public utility companies and improvement districts if applicable or extended, that necessary utilities will be installed and proof that the applicant has submitted petitions in writing for the creation or extension of any improvement districts as required by the Planning Commission. (Ord. 2016-09 § 1, 2016; Ord. 66 § 7.4.2.8, 1993.)
18.115.200 Final plat – Outstanding obligations.
At the time of final plat approval, the applicant shall provide evidence that all taxes are current and that no other City debts or obligations are outstanding and no liens or encumbrances are placed on the property. (Ord. 2016-09 § 1, 2016; Ord. 66 § 7.4.2.9, 1993.)
18.115.210 Final plat – Vested rights.
Vesting for purposes of zoning occurs upon the filing of a complete application; provided, however, that no vested rights shall accrue to any plat by reason of final plat approval until the actual signing of the plat by the Chair of the Planning Commission and the Mayor. All requirements, conditions, or regulations adopted by the Planning Commission and City Council applicable to the development generally shall be deemed a condition of approval to the signing of the final plat. (Ord. 2016-09 § 1, 2016; Ord. 66 § 7.4.2.10, 1993.)
18.115.220 Final plat – Signing and recording of final plat.
The Chair of the Planning Commission and Mayor shall endorse approval on the plat after the approval by the City Council, and all the conditions pertaining to the final plat have been satisfied. The Chair of the Planning Commission and the Mayor will sign the tracing cloth or reproducible mylar original of the final plat. The City Recorder shall file the original mylar plat with the County Recorder within 10 days of the date of signature. Simultaneously with the filing of the plat, the licensed title company shall record the agreement of dedication together with such legal documents as shall be required to be recorded by the City Attorney. (Ord. 2016-09 § 1, 2016; Ord. 66 § 7.4.2.11, 1993.)
18.115.230 Exceptions to the requirements of FCC Title 17 and other requirements of this code.
Exceptions to the subdivision provisions codified in FCC Title 17 for commercial development are limited to the following:
1. More than one structure may be placed on a commercial parcel if the setback and all other requirements are satisfied.
2. The owner of commercial property does not need to provide a name for the commercial development.
3. Other requirements, which can be clearly demonstrated by the applicant, which are not applicable to commercial development. (Ord. 2016-09 § 1, 2016; Ord. 66 § 7.5, 1993.)