Ordinance No. 07-20-2021A
An Ordinance Amending Title 10, Chapter 6A, Related to Landscaping Area Requirements
Whereas, Section 10-9A-501 et seq., Utah Code Annotated, 1953, as amended, grants the City Council of the City of Cedar Hills with authority to adopt ordinances to govern the use and development of land within the City; and
Whereas, pursuant to Utah Code Annotated § 10-8-84, the City Council may adopt ordinances “necessary and proper to provide for the safety and preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort, and convenience of the City and its inhabitants, and for the protection of property in the City”; and
Whereas, the City of Cedar Hills desires to support commercial uses within the City; and
Whereas, the City Council recognizes that some commercial property within its commercial zone cannot be developed under the current landscaping restrictions;
Whereas, the Cedar Hills Planning Commission has considered amending Title 10, Chapter 6A to address certain issues with landscaping and commercial development; and
Whereas, the Planning Commission held a noticed public hearing regarding amending Title 10 to address these issues on July 13, 2021; and
Whereas, the Planning Commission has recommended favorably to the Cedar Hills City Council that certain amendments to Title 10, Chapter 6A be considered to be adopted; and
Whereas, the City Council has reviewed the proposed amendments and held a public hearing, and discussion among the members of the City Council were favorable toward the proposed modifications as set forth in Exhibit A; and
Whereas, the City Council believes the proposed amendment would foster commercial growth, while at the same time enhance the City’s surrounding landscape in the commercial zone, thereby accomplishing the purpose of the landscaping area requirement in Title 10, Chapter 6A.
 
Now, Therefore, Be It Ordained by the City Council of the City of Cedar Hills, Utah as follows:   
That Title 10, Chapter 6A shall be amended to read as shown on “Exhibit A” attached hereto.
Passed and Approved this 20 th day of July 2021.
 
City of Cedar Hills Council
 
By:   
      Denise Anderson, Mayor
                                                           
                                    Voting:
                        Laura Ellison     Yea    ü   Nay
   Ben Geddes   Yea    ü   Nay
Kelly Smith   Yea    ü   Nay
Attest:
_____________________________
Colleen Mulvey, Recorder
 
Deposited in the office of the City Recorder the 21st day of July, 2021.
Exhibit A
10-6A-4(B)
  1.  No less than thirty percent (30%) of any individual site shall be landscaped. Individually developed sites must provide the required thirty percent (30%) landscaping within that individual site. Larger planned developments must provide the required thirty percent (30%) landscaping for the entire site but shall not be required to provide thirty percent (30%) landscaping on individual pads or parcels within the planned development. So that all of the building(s) within the proposed development may be seen within a parklike setting by the community, the required thirty percent (30%) landscaping shall be visible and accessible to the public way and shall not be concealed by walls, fences, building layout, etc.
      2.  Planted areas such as yard space, planter boxes, flowerbeds, shrubbery beds and other traditional landscaped features shall qualify toward the landscaped requirement. Sidewalks shall not count toward the requirement.
      3.  Proposed fountains, plazas, or splash pads shall be included in the site design. The city council, with a recommendation from the planning commission, may approve a five percent (5%) reduction in landscaping area requirements for these features when designed as a publicly accessible gathering area. Public art features are encouraged.
      4.    Proposed landscaping plans may be reduced to no less than 23% of any individual site in the event that the developer provides a monetary contribution towards landscaping efforts in the SC-1 Commercial Zone in Cedar Hills. In order to calculate this contribution, an approved landscaping plan with a cost estimate per square foot shall be provided to the City. This cost estimate shall be used to calculate a dollar value that the developer may choose to pay to make other landscaping improvements throughout the City. The developer shall determine the square footage difference between the 30% required landscaping and the proposed landscaping plan. This square footage amount shall be multiplied by 1.5 of the estimated cost of landscaping per square foot to determine the contribution to the City.    
      45.  Landscaping shall also be used as a screen, where other means are less appropriate, to shield Cedar Hills Drive and 4600 West from large areas of parking.
      56.  Landscaped areas shall not be residual in nature but shall create a cohesive network from site to site and throughout the project. Specifically, landscaped areas shall help create a parklike atmosphere with linked pedestrian corridors designed to promote pedestrian activity.
      67.  Landscaping materials and details shall contribute to the perpetuation of the established architectural theme.
      78.  As part of the site plan approval process, landscape plans shall be required. Such plans shall be prepared by a professional landscape architect licensed in the state of Utah. Landscape plans shall provide for landscape treatments that are consistent with the architectural theme. All landscape plans are subject to the approval of the city council, following a recommendation by the planning commission.
      89.  Storm drainage shall be retained on site through landscaping or other approved facilities.
      910.  Xeriscape plans are permitted and shall be prepared by a qualified landscape architect, and shall not constitute more than one-third (1/3) of the total landscaped area.