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104 of 1994 - Amending portions of Chapters 21.78, 21.22, 21.28, 21.32, 21.04 and 21.10 providing a process for th0 94-1 0 94-28 SALT LAKE CITY ORDINANCE No. 104 of 1994 (Amending portions of Chapters 21.78, 21.22, 21.28, 21.32, 21.04 and 21.10 providing a process for the approval of planned developments) AN ORDINANCE AMENDING PORTIONS OF CHAPTER 21.78 PROVIDING A PROCESS FOR THE APPROVAL OF PLANNED DEVELOPMENTS. WHEREAS, the City Council has held hearings before its own body and before the Planning Commission concerning the process for the approval of planned developments; and WHEREAS, the City Council believes it to be in the best interests of the City to modify the existing planned development process as provided in this ordinance; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Sections 21.78.150 through .200, Salt Lake City Code, be, and the same hereby are, repealed. Chapter 21.78 TRANSITIONAL ZONING Sections: 21.78.010 through 21.78.140 * * * SECTION 2. That Sections 21.78.150 through 21.78.280, be, and the same hereby are, adopted to read as follows: Chapter 21.78 TRANSITIONAL ZONING Sections: 21.78.010 through 21.78.140 * * * PLANNED DEVELOPMENT APPROVAL PROCESS 21.78.150 Conditional use for planned development. 21.78.160 Authority. 21.78.170 Application and required information. 21.78.180 Complete application. 21.78.190 Traffic impact study. 21.78.200 Fees. 21.78.210 Neighborhood review. 21.78.220 Notice. 21.78.230 Hearing 21.78.240 Planned development --Approval standards. 21.78.250 Effective length of approval. 21.70.260 Construction completion. 21.78.270 Planned development --Conditions. 21.78.280 Planned development --Appeals. 21.78.150 Conditional Use for Planned Development. Purpose Statement. A planned development is a distinct category of conditional use. As such, it is intended to encourage the efficient use of land and resources, promote greater efficiency in public and utility services and encourage innovation in the planning and building of all types of development. Through the flexibility of the planned development technique, the City seeks to achieve the following specific objectives. A. Creation of a more desirable environment than would be possible through strict application of other city land use regulations. B. Promotion of a creative approach to the use of land and related physical facilities resulting in better design and development, including aesthetic amenities. C. Combination and coordination of architectural styles, building forms and building relationships. 2 D. Preservation and enhancement of desirable site characteristics such as natural topography, vegetation and geologic features, and the prevention of soil erosion. E. Preservation of buildings which are architecturally or historically significant or contribute to the character of the city. F. Use of design, landscape or architectural features to create a pleasing environment. G. Provision of a variety of housing, in accordance with the city's master plans. H. Inclusion of special development features. I. Elimination of blighted structures or incompatible uses through redevelopment of rehabilitation. 21.78.160 Authority. A. The planning commission may, in accordance with the standards and procedures set forth in this section, and in other regulations applicable to the district in which the subject property is located, approve planned developments in the P-1 preservation, R-1A, R-2A, R-3A, R-4, R-5, R-6 and R-7 residential districts and within a business, commercial, institutional, research development or industrial district. B. The planning commission, in approving any planned development, may change, alter, modify or waive provisions of the zoning ordinance or the city's subdivision regulations except those established by Sections 21.78.150 through 21.78.280 as they apply to the proposed planned development if the planning commission finds that the proposed planned development: 3 1. Will achieve the purposes for which a planned development may be approved; and 2. Will not violate the general purposes, goals and objectives of the zoning ordinance and of any plans adopted by the planning commission or the city council. 21.78.170 Application and required information. A. An applicant for a planned unit development shall file an application for development plan approval with the planning commission on a form provided by the zoning administrator, accompanied by such number of copies of documents as the zoning administrator may require for processing of the application. The development plan application shall include at least the following information: 1. The location, dimensions and total area of the site; 2. The location, dimensions, floor area, type of construction and use of each proposed building or structure; 3. The number and size and type of dwelling units in each building, and the overall dwelling unit density; 4. The proposed treatment of open spaces and the exterior surfaces of all structures, with preliminary sketches of proposed landscaping and structures, including typical elevations; 5. The number, location and dimensions of parking spaces and loading docks, with means of ingress and egress; 6. The proposed traffic circulation pattern within the area of the development, including the location and 4 description of public improvements to be installed, including any streets and access easements; 7. The location and purpose of any existing or proposed dedication or easement; 8. The general drainage plan for the site; 9. The location, dimensions and uses of adjacent properties, abutting public rights of way and easements, and utilities serving the site; 10. Significant topographical or physical features of the site, including existing trees exceeding two and one- half inches in caliper; and 11. Mailing labels for all property owners within three hundred feet of the property line of the proposed development and all registered or recognized organizations affected pursuant to Chapter 2.62. 21.78.180 Complete application. The zoning administrator shall review the application for completeness and notify the applicant of any deficiencies. The zoning administrator shall not forward the application to the planning commission for consideration until any deficiencies have been cured. 21.78.190 Traffic impact study. If the zoning administrator determines that the proposed development plan may have a material adverse impact on traffic in the vicinity of the planned development, the zoning administrator may require submission of a professionally prepared traffic study. 5 21.78.200 Fees. The fee required by Section 21.10.020 shall be paid with any planned unit development application. 21.78.210 Neighborhood review. Prior to the planning commission hearing, the applicant shall take reasonable steps to review the project with and provide information to, the appropriate recognized organization pursuant to Chapter 2.62. 21.78.220 Notice. The planning commission shall mail notice of a hearing on the application for conditional use approval not less than fourteen days before such a hearing to property owners within a three hundred foot radius. 21.78.230 Hearing. The planning commission shall hold an informal hearing and take testimony regarding the application for conditional use approval. 21.78.240 Planned development --Approval standards. A. Approval. The planning commission shall approve the planned development if it finds that the development plan is in harmony with the general purposes and intent of the zoning ordinance and is compatible with and implements the planning goals and objectives of the city, including applicable city master plans and meets the general and specific standards specified below. B. General conditional use standards. 6 1. Streets or other means of access to the planned development are suitable and adequate to carry anticipated traffic and will not overload the adjacent streets; 2. The internal circulation system is properly designed; 3. Existing or proposed utility services are adequate for the proposed development; 4. Appropriate buffering is provided to protect adjacent land uses from light, noise and visual impacts; 5. Architecture and building materials are consistent within the development and compatible with the adjacent neighborhood; 6. Landscaping is appropriate for the scale of the development; 7. The planned development preserves historical, architectural and environmental features of the property; 8. Operating and delivery hours are compatible with adjacent land uses; 9. The proposed planned development and the permitted and conditional uses contained therein are compatible with the character of the neighborhood surrounding the planned development and will not have a material net cumulative adverse impact on the neighborhood or the city as a whole; and 10. The proposed development complies with all other applicable codes and ordinances. 7 C. General planned development standards. 1. The entire group of structures as a unit shall be required to maintain one front yard, one rear yard and two side yards, as specified for individual structures in the district in which the development is located; group dwellings shall be considered as one building for the purpose of front, rear and side yard requirements. 2. The development shall be on at least one acre, except for developments within the P-1 Preservation district which shall be on at least thirty-two acres. 3. Off-street parking shall be required on a ratio of two stalls per each dwelling unit in a P-1 preservation or R-1A or R-2A residential district, and as required per Chapter 21.84 within other zoning districts. 4. Open space shall be provided at a minimum of forty-five percent of the total development area in R-1A and R-2A residential districts and as required within the specific district regulations within other residential zoning districts. 5. All dwellings shall have their front entry orientation onto a landscaped yard area. 6. The concessions and services provided for the convenience of the occupants of the group dwelling project shall be located in one of the main buildings or, if located in a separate building, the building shall be located and designed as to be part of the residential character of the 8 development, having the same outside appearance as the other structures in the development. No advertising signs or display windows shall be authorized. No advertising or promotion of the said concessions or services shall be made by any method to any persons other than those living in the development. 7. As part of a planned development containing five acres or more the planning commission may authorize the use of a separate building within the project for retail services and concessions, solely for the use and convenience of occupants of the development. Such commercial uses, excluding professional services, are intended to include only those other retail services and concessions which could be located in a B-3 business district, and qualify as being for the use and convenience of the occupants of the planned development. D. Specific planned development standards. 1. In an R-1A residential district: a. No building or structure shall be permitted closer than twenty feet to the side property line from a boundary of the development. b. The density approved shall be in keeping with the area in which the proposed development is located; however, no approval shall be given to a development containing more than four families to an acre. 2. In an R-2A and R-3A residential district: 9 a. No building or structure shall be permitted closer than twelve feet to the side property line from a boundary of the development. b. The density approved shall be in keeping with the area in which the proposed development is located and must be such that no undue hardship is placed on the streets serving the area or on the neighborhood in which it is located. However, under no condition shall a density be authorized in excess of fifteen families per acre within an R-2A district and twenty families per acre in an R-3A district. 3. In an R-4 residential district. a. No individual building shall contain more than four dwelling units. b. No planned development shall be approved containing less than eight thousand square feet of lot area for each four -family dwelling in the development. 4. In a commercial or industrial district: a. Where the planned development abuts a residential district, a six -foot -high decorative masonry fence shall be required along the common boundary line, such fence to be continuously maintained in good and sightly condition. 21.78.250 Effective length of approval. Unless extended by the zoning administrator for good cause, conditional use approval shall expire one year after issuance 10 unless a building permit is issued and construction is actually begun and actively pursued. 21.78.260 Construction completion. Construction shall generally be completed within two years of approval. A longer schedule for completion may be established by the planning commission in conjunction with conditional use approval. 21.78.270 Planned development --Conditions. A. Conditions. In addition to the specific conditions stated above, the planning commission may impose conditions and limitations upon a conditional use concerning use, construction, character, location, landscaping, screening, parking, hours of operation and other matters that may be necessary or appropriate to prevent or minimize any material adverse impact on the surrounding neighborhood and abutting property owners. B. Written specification. The planning commission shall specify such conditions in writing when approving the conditional use. city, C. Violation. The violation of any conditions of approval shall constitute grounds for revocation of the conditional use approval. 21.78.280 Planned development --Appeals. A. Appeal. Any person aggrieved by a decision of the planning commission on an application for a planned development may file an appeal to the city council within thirty days after the decision of the planning commission becomes final. The 11 appeal shall specify an alleged error made in the planning commission's decision. B. Standard of appellate review. Appeal of the planning commission decision shall be considered by the city council on the record made before the planning commission. No new evidence will be heard by the city council unless such evidence was improperly excluded from consideration by the planning commission. The city council shall uphold the decision of the planning commission unless the council finds that the decision of the planning commission was made in error. Section 3. That the following sections be, and the same hereby are, amended to read as follows: Chapter 21.22 R-1A SINGLE FAMILY AND/OR PLANNED UNIT DEVELOPMENT DISTRICT 21.22.040 Conditional uses --Conditions. In carrying out the stated purpose of the R-1A district, conditional uses may be granted to permit the construction of clustered, owner occupied detached and attached single-family dwellings and multiple -family structures under various ownership patterns, including condominiums, cooperative and individual ownership of a building and its site, by following the conditions and procedure as outlined in Sections 21.78.150 through 21.78.280 of this title, or its successor sections. Chapter 21.28 R-2A RESIDENTIAL DISTRICT 12 Sections: 21.28.030 Conditional uses. 21.28.030 Conditional uses. A. In an R-2A residential district, the board of adjustment may permit as a conditional use any conditional use permitted in an R-2 residential district, subject to the same restrictions applicable thereto. B. In an R-2A residential district, the planning commission may permit as a conditional use a planned development permitting an apartment house and/or group dwellings following the conditions and procedures outlined in Sections 21.78.150 through 21.78.280 or their successors. Chapter 21.32 R-3A RESIDENTIAL DISTRICT 21.32.020 Permitted uses. * * * A. and B. * * * C. Conditional Uses. 1. The following uses may be permitted in a residential R-3A district, subject to review and approval by the board of adjustment: a. Public utilities as specified in Section 21.78.140, or its successor; b. Group homes, as specified in Section 312.78.090, or its successor. 13 2. The following uses may be permitted in an R-3A residential district, subject to review and approval by the planning commission: a. Planned developments permitting an apartment house and/or group dwellings following the conditions and procedures outlined in Sections 21.78.280 or their successors; b. Private recreational facilities as specified in Section 21.78.130, or its successor; c. Multiple -family dwellings on sites one acre or larger, and multiple -family dwellings containing ten units or more as specified in Section 21.32.080 or its successor. Chapter 21.04 DEFINITIONS 21.04.370 Planned development. "Planned development" means a parcel of land or contiguous parcels of land of a size sufficient to create its own character, controlled by a single land owner or by a group of landowners in common agreement as to control, to be developed as a single entity, the character of which is compatible with the adjacent parcels and the intent of the zoning district or districts in which it is located. FEE SCHEDULE 21.10.020 Applications to board of adjustment and planning commission. 14 Fees for applications to the board of adjustment (Section 21.06.050, or its successor) shall be as follows: * * * .4 • SECTION 4. This ordinance shall take effect immediately upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 8 ATTEST: !' CHI day of NovemhPr F DEPUTY C THY R CORDER , 1994. Transmitted to the Mayor on Mayor's action: ATTEST: •r CHIEF DEPUTY CI Y R'CO'DER (SEAL) Bill No. 104 of 1994. Published: November 18, 1994 BRB:rc 8/19/94 G:\0rdina94\P1anDeve.wo 15 Novamhar 9, 1994 Vetoed.