Chapter 17.35
PLANNED RESIDENTIAL UNIT DEVELOPMENT (PRUD) OVERLAY ZONE

Sections:

17.35.010    Purpose and objectives.

17.35.020    Use in combination.

17.35.030    Definitions.

17.35.040    Permitted uses.

17.35.050    Approval standards and procedures.

17.35.060    Variations to underlying zone permitted.

17.35.070    Density calculations.

17.35.080    Development standards.

17.35.090    Developer’s agreement.

17.35.010 Purpose and objectives.

The purpose of the planned residential unit development (PRUD) overlay is to encourage imaginative and efficient utilization of land through large-scale residential development and provide a greater flexibility in the location of buildings on the land, the consolidation of open spaces, and the clustering of dwelling units. These provisions are intended to create more attractive and desirable environments within the residential areas of West Point City. [Ord. 09-18-2018A § 2 (Exh. A)].

17.35.020 Use in combination.

The PRUD overlay zone shall only be used in combination with existing R-1, R-2 and R-3 underlying residential zones. The provisions of the PRUD shall become supplementary to the provisions of the zone with which it is combined. The PRUD zone shall not be applied to a land area as an independent zone and shall be shown on the zoning map in parentheses next to the zone in which it is combined. [Ord. 09-18-2018A § 2 (Exh. A)].

17.35.030 Definitions.

“Common space subdivisions” are defined in this chapter as an individual housing unit or group of housing units where the property line consists only of the footprint of the dwelling. All property outside that buildable lot shall be owned in common by the entire development.

Planned Residential Unit Development. The “PRUD overlay zone” shall be defined as traditional lot-style housing developments or common space housing developments that offer development flexibility and increased density while providing improved quality of the development for the surrounding community.

“Sensitive land” shall mean land which is generally unbuildable, and which contains constrained and sensitive features including, but not limited to, wetlands, floodplains, faults, and other geological or environmentally sensitive features and lands below the high water mark of the Great Salt Lake which is at elevation 4,217 feet above sea level.

“Traditional lot-style subdivisions” are defined in this chapter as developments that have building lots that adhere to minimum lot standards including, but not limited to, frontage widths, lot depth and lot size. [Ord. 09-18-2018A § 2 (Exh. A)].

17.35.040 Permitted uses.

Uses permitted in the PRUD zone shall be limited to those listed as permitted uses by the provisions of the underlying zone with which the PRUD zone has been combined. [Ord. 09-18-2018A § 2 (Exh. A)].

17.35.050 Approval standards and procedures.

A. Procedure. The PRUD overlay zone shall be approved as a rezone by ordinance of the city council, following the same process as other zoning amendments pursuant to WPCC 17.05.090, in conjunction with a developer’s agreement as set forth in WPCC 17.35.090 and a development plan as described below. The development plan shall include the following:

1. A general layout of all proposed lots.

2. A tabulation of the total acreage of the site, and the percentages thereof to be designated for various uses, i.e., parking, residential units, open space, streets, etc.

3. Detailed description of proposed density calculations and bonus amenities as defined in WPCC 17.35.070.

4. Proposed circulation pattern, including private and public streets and pedestrian paths.

5. Parks, common open spaces, playgrounds, school sites, and other public or private recreation facilities and improvements proposed within the planned residential unit development.

6. The general location of all dwellings and other structures in the PRUD and building densities per gross acre, including tables or graphs showing the percentages of each dwelling type being proposed.

7. Proposed location of parking and ingress or egress.

8. A landscaping plan showing what areas are to be landscaped and what types of plants and materials are to be used.

9. Development elevation drawings or perspective drawings of all building types proposed within the PRUD.

10. A draft of the declaration of covenants, conditions, and restrictions.

B. Approval Criteria. Submittal of an application for a zoning amendment for a PRUD overlay zone shall not guarantee that the zone or development plan will be approved. After review of the zoning amendment and development plan, the planning commission shall submit a recommendation to the city council. The city council may approve the zoning amendment and development plan at its discretion and if it finds:

1. The proposed PRUD overlay zone and associated development plan:

a. Do not create a significant conflict with the intent of the general plan; and

b. Meet the purpose and intent of this chapter; and

c. Provide superior site design and increased amenities as set forth in this chapter.

C. Subdivision Requirements. An application for preliminary subdivision approval may proceed after the city council has voted in favor of the proposed overlay zone request. Compliance with the requirements of this chapter does not exempt an applicant from meeting the requirements of Chapter 16.05 WPCC (Subdivisions Ordinance) except as may be modified pursuant to the provisions of this chapter.

D. Approval Expiration. An applicant that has received the PRUD overlay zone and a development plan approval must file a completed final plan application within 12 months from the date of the approval and rezone. Upon request from the applicant, the city council may grant a one-time 12-month extension for filing a final plan. If no completed final plan application has been submitted before the time of expiration the property may be rezoned by the city council to remove the PRUD overlay zone. [Ord. 09-18-2018A § 2 (Exh. A)].

17.35.060 Variations to underlying zone permitted.

The planning commission may recommend to the city council variations from applicable development standards in the underlying zoning district that include, but are not limited to, street widths, curb, gutter and sidewalk, setbacks, frontage widths, minimum lot size, etc., only if it finds that all of the following conditions are met:

A. That the granting of the variation will not adversely affect the rights of adjacent landowners or residents;

B. That the variation desired will not adversely affect the public health, safety, or general welfare; and

C. That the granting of the variation will not be in opposition to the general spirit and intent of this chapter or West Point City’s general plan. [Ord. 09-18-2018A § 2 (Exh. A)].

17.35.070 Density calculations.

A. Base Density. Base density shall be determined by the underlying zone as set forth in the zoning table found in WPCC 17.25.080. The base density shall be calculated on the gross area of the site, but shall not include sensitive lands as defined in this chapter. Developments seeking flexibility, but not necessarily increased density, may do so under the provisions of this chapter. Base density developments in a PRUD overlay zone can provide a degree of flexibility that would not normally be allowed under the base zoning code. Developments seeking such flexibility must propose a minimum of a five percent amenity bonus as outlined in subsection (B) of this section.

B. Density Bonus. The city council, after receiving a recommendation from the planning commission, may authorize a density bonus of a minimum of five percent up to a maximum of 20 percent above the base density. The bonus density shall be calculated on the gross area of the site, but shall not include sensitive lands as defined in this chapter. However, sensitive lands if properly improved may qualify as an amenity and count towards the required bonus. The purpose of the density bonus is to provide an incentive to a development while enhancing the overall characteristics of the subdivision that is not required by the applicable underlying zone, and which otherwise would not be an option. Density bonus shall be awarded according to the following list of bonus items. Each qualifying amenity or item shall be granted a percentage increase to the base density, but in no case shall the bonus exceed the percentage indicated (shown in parentheses). Bonuses listed below that share common elements regardless of the subsection shall not be used together to create a greater bonus percentage.

1. Increased Landscaping (Up to 10 Percent).

a. The majority of new plant material used for landscaping the PRUD shall be drought-tolerant plants. The landscaping design shall locate plant materials in similar water usage demand zones to ensure proper irrigation coverage and reduce wasteful watering. (Up to two percent.)

b. Landscaping is designed and installed by the developer or other reasonable means approved by the city council along all streets of the PRUD according to a theme which provides unity and interest to the PRUD and must include the installation of two two-inch caliper street trees per dwelling placed in the park strip or near the roadway. (Up to five percent.)

c. Developments which provide a completely landscaped front yard by the developer or other reasonable means as approved by the city council, including grass or ground cover, shrubs, and trees as defined in WPCC 17.80.260. (Up to eight percent.)

2. Enhanced Overall Design Theme (Up to 15 Percent).

a. Entrance feature, signage, and landscaping which will establish a strong theme for the PRUD. (Up to two percent.)

b. Theme lighting used throughout the PRUD for street lighting, the lighting of walkways, entrances and building exteriors. (Up to three percent.)

c. Architectural details of all buildings have a common theme which unifies the entire PRUD. This theme is not so dominant, however, that all buildings are identical. (Up to five percent.)

d. Fencing on all lots that is uniform in design and type and that is an upgrade from chain link or all vinyl fencing. (Up to five percent.)

e. Perimeter fence surrounding the PRUD that is architecturally designed and is an upgrade from chain link or all vinyl fencing. Examples include: architecturally designed brick or masonry walls, vinyl with brick or stone columns and open fencing such as wrought iron. (Up to seven percent.)

f. Special features such as fountains, streams, ponds, sculptures, buildings or other elements which establish a strong theme for the development and are utilized in highly visible locations within the development. (Up to 10 percent.)

g. Large special features, such as lakes, which define the theme of the development and are utilized throughout the entire project. (Up to 15 percent.)

3. Recreational Amenities (Up to 20 Percent).

a. The PRUD development includes a recreational amenity primarily for the use of the residents of the development. Recreational amenities include swimming pools, sports courts, spas, or other features as approved by the city council. The planning commission will recommend to the city council the points based on the cost of the amenity, its benefit to the residents of the development, its size and the number of amenities in the development. (Up to 15 percent.)

b. Development of a playground or park area with play features or picnic areas. The size and quality to be determined by the city council with a recommendation from the planning commission. A minimum of 10 percent of the gross area of the development must be incorporated into the park area. (Up to 10 percent.)

c. Development of a common building which shall be used for meetings, indoor recreation, or other common uses as approved by the planning commission. (Up to 15 percent.)

d. Development of a trail system throughout the subdivision and connecting to adjacent trail systems where possible. (Up to 10 percent.)

e. Dedication of land to the city for the development of a regional trail system. (Up to 10 percent.)

f. Dedication of land to the city for the development of all or a portion of a regional park. (Up to 10 percent.)

4. Improved Building Design (Up to 10 Percent).

a. All dwellings are built of 100 percent approved materials, i.e., brick, stone, stucco, Hardie board. (Up to two percent.)

b. All single-family structures have a minimum of a three-car garage. (Up to five percent.)

5. Energy Efficiency (Up to Three Percent). All dwellings are designed with active, passive, or photovoltaic solar features. (Up to three percent.)

6. Improved Open Space (up to 15 Percent).

a. Stormwater detention facility areas that are designed and used for multiple purposes which blend with the overall theme of the open space design, i.e., the grading and landscaping are carried out in such a manner that the use as a detention pond is not discernible. (Up to five percent.)

b. Open space shall be designed and improved (not leftover space between buildings) and shall flow uninterrupted through the entire development, linking dwellings and recreational amenities. The percentage bonus approved by the city council will be based on the size and quality of the open space. Open space shall be a minimum of 10 percent of the gross area of the development. Open space must be improved with grass and a sprinkler system for the majority of the area. (Up to 10 percent.)

7. Other Amenities (Up to 15 Percent). Other amenities may be approved by the city council with a recommendation from the planning commission. (Up to 15 percent.) [Ord. 09-18-2018A § 2 (Exh. A)].

17.35.080 Development standards.

The development standards that are set forth in this section shall prevail over any contrary base zoning standards established in this title. The following standards shall apply and are still subject to the requirements set forth in Chapter 16.05 WPCC unless variations are granted as set forth in WPCC 17.35.060 and are included in a developer’s agreement:

A. Common Space Subdivisions. The following standards shall apply to common space subdivisions:

1. Density. Allowed density and bonus density for common space subdivisions shall conform with the standards set forth in this chapter.

2. Open Space. Due to the clustering of dwelling units within the common space subdivisions, there will naturally be open space remaining. The open space must be maintained as set forth in subsection (C)(5) of this section.

3. Zones Allowed. Common space subdivisions shall only be allowed in the R-2 and R-3 zones and shall not be allowed in the R-1 zone.

4. Attached Units. Dwelling units in this subdivision option may be clustered in common-wall construction with a maximum of four consecutively attached units. No such units are allowed above other units.

5. Multifamily. All PRUDs that have attached units shall follow the standards set forth in WPCC 17.120.050 which shall include, but not be limited to, landscaping, parking, and building design.

6. Minimum Building Setbacks. The following minimum standards shall apply:

 

R-1

R-2

R-3

Building Setbacks

Front (from back of sidewalk)

N/A

20'

20'

Side (from building to building)

N/A

10'

10'

Rear (from building to building)

N/A

30'

30'

B. Traditional Lot-Style Subdivisions. The following standards shall apply to traditional lot-style subdivisions:

1. Density. Allowed density and bonus density for traditional lot-style subdivisions shall conform with standards set forth in WPCC 17.35.070.

2. Minimum Lot Standards. The following minimum standards shall apply:

 

R-1

R-2

R-3

Minimum Lot Size (sq. ft.)

10,000

8,000

7,000

Minimum Lot Widths

85'

75'

70'

Building Setbacks

Front**

25'

20'

20'

Side*

10/8'

10/5'

10/5'

Rear**

30'

25'

25'

*    One side must be 10 feet and the other side eight feet for a total of 18 feet.

**    The front and rear setbacks may be swapped.

C. General Standards. The following standards shall apply to all developments in the PRUD overlay zone regardless of the style of development that is proposed:

1. Access. Access shall be required as described in Chapter 16.05 WPCC.

2. Local streets which are internal to the development and provide circulation within the development shall be as public streets. Minor terminal streets that provide access to individual units or a group of units may be either public or private streets, provided they meet the following criteria:

a. Public streets, sidewalks, curb/gutter and other street facilities shall meet the appropriate right-of-way widths and design requirements as required in the public works standard drawings.

b. Private streets, sidewalks, curb/gutter and other street facilities shall meet the appropriate right-of-way widths and design requirements as required in the public works standard drawings.

The homeowners’ association shall be responsible for maintenance, repair, and replacement of private streets and sidewalks.

3. Common Areas. Unless otherwise approved by the city council, common open space that is provided shall be devoted to landscaping, preservation of natural features, patios, and recreational areas. Common open space may be distributed throughout the PRUD and need not be in a single large area. Developments that include sensitive lands such as the FEMA floodplain, wetlands or other sensitive features may only include such sensitive lands as open space when they have been designed as an integral part of the project.

4. Fencing. Perimeter fencing shall be required in all PRUD overlay zones.

5. Maintenance Plan. In order to maintain a visually appealing development, the developer shall provide a maintenance plan for the upkeeping of open space or other landscaped amenities within the development. If any open space or other landscaped amenities exist that are owned in common, a homeowners’ association (HOA) shall be required. In the event that the HOA does not maintain the open/common space and improvements as indicated at the time of approval, the city may perform the required maintenance or contract a third party to perform the required maintenance and recover all costs from the HOA. The city shall provide written notice to the HOA 30 days prior to performing any work. After the work is completed the city shall send a bill to the HOA for any costs associated with performing the work. If the HOA does not pay within 30 days, the city may issue a lien on the property. This provision shall be included in the developer’s agreement. [Ord. 09-18-2018A § 2 (Exh. A)].

17.35.090 Developer’s agreement.

An applicant that is seeking to develop under the provisions of this chapter must at the time of approval enter into a developer’s agreement with the city council as set forth in WPCC 16.05.110. [Ord. 09-18-2018A § 2 (Exh. A)].